45.1-161.78 - Operators' reports of accidents; investigations; reports by Department.
§ 45.1-161.78. Operators' reports of accidents; investigations; reports byDepartment.
A. Each operator will report promptly to the Department the occurrence at anymine of any accident. The scene of the accident shall not be disturbedpending an investigation, except to the extent necessary to rescue or recovera person, prevent or eliminate an imminent danger, prevent destruction ofmining equipment, or prevent suspension of use of a slope, entry or facilityvital to the operation of a section or a mine. In cases where reasonabledoubt exists as to whether to leave the scene unchanged, the operator willsecure prior approval from the Department before any changes are made.
B. The Chief will go personally or dispatch one or more mine inspectors tothe scene of such a coal mine accident, investigate causes, and issue suchorders as may be needed to ensure safety of other persons.
C. Representatives of the operator will render such assistance as may beneeded and act in a consulting capacity in the investigation. An employee ifso designated by the employees of the mine will be notified, and as many asthree employees if so designated as representatives of the employees may bepresent at the investigation in a consulting capacity.
D. The Chief shall require substance abuse testing as part of an inspectionor complaint investigation if there is reasonable cause to suspect a miner'simpairment, due to the presence of intoxicants or any controlled substancenot used in accordance with the prescription of a licensed prescriber, or hasbeen a contributing factor to any accident in which a serious personal injuryor death occurs at a mine. The Chief shall require substance abuse testing ofany miner killed or seriously injured and of any other person who may havecontributed to the accident. Any substance abuse testing required by theChief will be paid for by the Department. Refusal by any miner to submit tosubstance abuse testing, or the failure to pass such a test, shall result inthe immediate temporary suspension of all certificates, pending hearingbefore the Board of Coal Mining Examiners.
E. The Department will render a complete report of circumstances and causesof each accident investigated, and make recommendations for the prevention ofsimilar accidents. The Department will furnish one copy of the report to theoperator, and one copy to the employee representative when he has beenpresent at the investigation. The Chief shall maintain a complete file of allaccident reports for coal mines, and shall give such further publicity as maybe ordered by the Director in an effort to prevent mine accidents.
(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; 1997, c. 390; 1999, c. 256; 2007, cc. 894,914.)