                                 CODE OF VIRGINIA

 SMOKING MATERIALS PROHIBITED; PENALTY (§ 45.2-856)

A. No miner or other person shall smoke or carry or possess underground any
smoker&#8217;s articles or any match, lighter, or similar material generally
used for igniting smoker&#8217;s articles. Violation of this subsection is a
Class 6 felony.

B. Each operator shall institute a smoker search program, approved by the Chief,
to ensure that no person entering the underground area of the mine carries any
smoking material, match, or lighter.

C. Any person entering or present in any underground area of a coal mine shall,
by his entry into such underground area of the mine, be subject to a search of
his person, including any personal property that is in any underground area of
the mine at any time he is underground. Such search shall be conducted at the
direction of the Chief by employees of the Department. It shall be limited in
scope to the person and property of the person present underground at the time
of the search and shall be for the purpose of enforcing the provisions of this
section.

D. This section shall not prohibit the possession of equipment used solely for
the operation of a flame safety lamp or for welding or cutting.

HISTORY: 1993, c. 389, § 45.1-98.1; 1994, c. 28, § 45.1-161.177; 1995, c. 569;
2021, Sp. Sess. I, c. 387.