                                 CODE OF VIRGINIA

 DUTIES OF OPERATOR (§ 45.2-565)

A. The operator or his agent of each mine shall furnish the Chief and any mine
inspector proper facilities for entering such mine and making examinations or
obtaining information and shall furnish any data or information not of a
confidential nature requested by such inspector or the Chief.

B. The operator of an underground coal mine or his agent shall provide a mine
inspector or the Chief adequate means for transportation to the active working
areas of the mine within a reasonable period of time following the mine
inspector&#8217;s arrival at the mine.

C. The operator or his agent shall, when ordered to do so by a mine inspector or
the Chief during the course of his inspection, promptly clear the mine or a
section thereof of all persons.

D. The mine operator shall implement a substance abuse screening policy and
program for all miners that shall, at a minimum, include:

   1. A pre-employment, 10-panel urine test for the following and any other
   substances as set out in regulation adopted by the Board of Coal Mining
   Examiners:
   				a. Amphetamines;
   				b. Cannabinoids/THC;
   				c. Cocaine;
   				d. Opiates;
   				e. Phencyclidine (PCP);
   				f. Benzodiazepines;
   				g. Propoxyphene;
   				h. Methadone;
   				i. Barbiturates; and
   				j. Synthetic narcotics.
   				Samples shall be collected by providers who are certified as complying
   with standards and procedures set out in the U.S. Department of
   Transportation&#8217;s rule, 49 C.F.R. Part 40. Collected samples shall be
   tested by laboratories certified by the Substance Abuse and Mental Health
   Services Administration (SAMHSA) of the U.S. Department of Health and Human
   Services for collection and testing. The mine operator may implement a more
   stringent substance abuse screening policy and program; and

   2. The review of the substance abuse screening program with each miner at the
   time of employment and annually thereafter.

E. The operator or his agent shall notify the Chief, on a form prescribed by the
Chief, within seven days of any failure of a pre-employment substance abuse
screening test and shall provide a record of the test showing such failure or
violation. Notice shall result in the immediate temporary suspension of all
certificates held by the applicant, pending a hearing before the Board of Coal
Mining Examiners.

F. The operator or his agent shall notify the Chief, on a form prescribed by the
Chief, within seven days of (i) discharging a miner due to violation of the
company&#8217;s substance or alcohol abuse policies, (ii) a miner testing
positive for intoxication while on duty status, or (iii) a miner testing
positive as using any controlled substance without the prescription of a
licensed prescriber. An operator that has a substance abuse program shall not be
required to notify the Chief under clause (iii) unless the miner having tested
positive fails to complete the operator&#8217;s substance abuse program. The
notification shall be accompanied by a record of the test showing such positive
results or violation. Notice shall result in the immediate temporary suspension
of all certificates held by the applicant, pending a hearing before the Board of
Coal Mining Examiners.

G. The provisions of this chapter shall not be construed to preclude an employer
from developing or maintaining a substance and alcohol abuse policy, testing
program, or substance abuse program that exceeds the minimum requirements set
forth in this section.

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, § 45.1-161.87; 1999, c. 256; 2007, cc. 894,
914; 2010, cc. 809, 857; 2021, Sp. Sess. I, c. 387.