45.1-161.82 - Evaluation of risks at mines.
§ 45.1-161.82. Evaluation of risks at mines.
A. For the purpose of allocating the resources of the Department to be usedfor conducting additional inspections, the Department shall develop aprocedural policy of scheduling such inspections based on an assessment, tobe made not less frequently than annually, of the comparative risks at eachunderground and surface coal mine. The Department's procedural policy shallbe prepared with the assistance of working groups consisting of personsknowledgeable in mine safety issues. The issuance of the procedural policyshall be exempt from Article 2 (§ 2.2-4006 et seq.) of the AdministrativeProcess Act. Variables to be included in the risk assessment measures shallinclude, but not be limited to: (i) fatality and serious accident rates atthe mine; (ii) the rates of issuance of closure orders and notices ofviolations of the mine safety laws of the Commonwealth at the mine; and (iii)the frequency rates for nonserious accidents or nonfatal days lost.
B. The Chief shall schedule additional inspections at underground and surfacecoal mines based on the rating assigned to a mine reflecting the assessmentof its risks compared to other such mines.
(1994, c. 28; 1997, c. 390.)