                                 CODE OF VIRGINIA

 OPERATORS&#8217; REPORTS OF ACCIDENTS; INVESTIGATIONS; REPORTS BY DEPARTMENT
(§ 45.2-556)

A. Each operator shall report promptly to the Department the occurrence at any
mine of any accident. The scene of the accident shall not be disturbed pending
an investigation, except to the extent necessary to rescue or recover a person,
prevent or eliminate an imminent danger, prevent destruction of mining
equipment, or prevent suspension of use of a slope, entry, or facility vital to
the operation of a section or a mine. In a case in which reasonable doubt exists
as to whether to leave the scene unchanged, the operator shall secure prior
approval from the Department before any changes are made.

B. The Chief shall go personally or dispatch one or more mine inspectors to the
scene of such a coal mine accident, investigate causes, and issue such orders as
may be needed to ensure safety of other persons.

C. Representatives of the operator shall render assistance as needed and act in
a consulting capacity in the investigation. An employee, if so designated by the
employees of the mine, shall be notified and as many as three employees, if so
designated as representatives of the employees, may be present at the
investigation in a consulting capacity.

D. The Chief shall require substance abuse testing as part of an inspection or
complaint investigation if there is reasonable cause to suspect a miner&#8217;s
impairment, due to the presence of intoxicants or any controlled substance not
used in accordance with the prescription of a licensed prescriber, has been a
contributing factor to any accident in which a serious personal injury or death
has occurred at a mine. The Chief shall require substance abuse testing of any
miner killed or seriously injured and of any other person who might have
contributed to the accident. Any substance abuse testing required by the Chief
shall be paid for by the Department. Refusal by any miner to submit to substance
abuse testing, or the failure to pass such a test, shall result in the immediate
temporary suspension of all certificates held by the miner, pending a hearing
before the Board of Coal Mining Examiners.

E. The Department shall render a complete report of circumstances and causes of
each accident investigated and make recommendations for the prevention of
similar accidents. The Department shall furnish one copy of the report to the
operator and one copy to an employee representative if one was present at the
investigation. The Chief shall maintain a complete file of all accident reports
for coal mines and provide further dissemination as ordered by the Director in
an effort to prevent mine accidents.

HISTORY: Code 1950, §§ 45-7, 45-12, 45-68.4, 45-69, 45-73, 45-75, 45-78,
45-79, 45-81, 45-83; 1950, p. 156; 1954, c. 191; 1966, c. 594, § 45.1-21; 1976,
c. 598; 1978, cc. 222, 489; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577;
1993, cc. 171, 442; 1994, c. 28, § 45.1-161.78; 1997, c. 390; 1999, c. 256;
2007, cc. 894, 914; 2021, Sp. Sess. I, c. 387.