45.1-161.208 - Pre-shift examinations.
§ 45.1-161.208. Pre-shift examinations.
A. The operator or his agent shall establish eight-hour intervals of timesubject to required pre-shift examinations. Within three hours preceding thebeginning of any such eight-hour interval during which any person isscheduled to work or travel underground, mine foremen shall make a pre-shiftexamination. No person scheduled to enter the mine during the eight-hourinterval other than the mine foremen conducting the examination may enter anyunderground area unless a pre-shift examination has been completed for suchestablished eight-hour interval.
B. During the pre-shift examination, the mine foreman shall (i) examine forhazardous conditions, (ii) test for methane and oxygen deficiency with asuitable permissible device, and (iii) determine whether the air is travelingin its regular course and in sufficient volume in each split, at thefollowing locations which are underground:
1. Track entries and other areas where persons are scheduled to work ortravel during the oncoming shift;
2. Belt conveyors that will be used to transport persons during the oncomingshift and the entries in which these belt conveyors are located;
3. Working sections and areas where mechanized mining equipment is beinginstalled or removed, if anyone is being scheduled to work on the section orin the area during the oncoming shift. This includes working places,approaches to worked-out areas, and ventilation controls on these sections orin these areas;
4. Approaches to worked-out areas along intake air courses if intake airpasses by the worked-out area to ventilate working sections where anyone isscheduled to work during the oncoming shift;
5. Seals along intake air courses where intake air passes by a seal toventilate working sections where anyone is scheduled to work during theoncoming shift;
6. Entries and rooms driven more than 20 feet off an intake air coursewithout a crosscut and without permanent ventilation controls, or more thantwo crosscuts off an intake air course without permanent ventilation controlswhere intake air passes through or by these entries or rooms to a workingsection where anyone is scheduled to work during the oncoming shift; and
7. Where unattended diesel equipment is to operate or areas where trolleywires or trolley feeder wires are to be or will remain energized during theoncoming shift.
C. During the pre-shift examination, the mine foreman shall determine thevolume of air entering each of the following areas if a miner is scheduled towork in the areas during the oncoming shift:
1. In the last open crosscut, which means the crosscut in the line of pillarscontaining the permanent stoppings that separate the intake air courses andthe return air courses, of each set of entries or rooms on each workingsection and areas where mechanized mining equipment is being installed orremoved;
2. On each longwall or shortwall in the intake entry or entries at the intakeend of the longwall or shortwall face immediately outby the face and thevelocity of air at each end of the face at the locations specified in theapproved ventilation plan required by the federal mine safety law; and
3. At the intake end of any pillar line (i) if a single split of air is used,in the intake entry furthest from the return air course, immediately outbythe first open crosscut outby the line of pillars being mined, or (ii) if asplit system is used, in the intake entries of each split immediately inbythe split point.
D. A mine foreman shall make a pre-shift examination of surface areas ofunderground coal mines in accordance with the requirements for pre-shiftexaminations at surface coal mines as provided in § 45.1-161.256.
E. The Chief may require the mine foreman to examine other areas of the mineor examine for other hazards during the pre-shift examination.
F. Any area of the mine where hazardous conditions are found shall be postedwith a conspicuous danger sign where anyone entering the area would pass.Only persons designated by the operator, or his agent, to correct or evaluatethe condition may enter this posted area.
G. At each working place examined, the mine foreman shall certify byinitials, date, and time, that the examination was made. In areas to beexamined outby a working section, the mine foreman shall certify by initials,date, and time at enough locations to show that the entire area has beenexamined.
H. Idle and worked-out areas underground shall be inspected for gas and otherhazardous conditions by a mine foreman, immediately before miners arepermitted to enter or work in such places. A certified person shall supervisethe correction of conditions that create an imminent danger. The mineoperator, or his agent, may pass beyond the danger signal only in cases ofnecessity.
I. Where persons have not been working underground before an establishedeight-hour interval, no person other than the mine foremen conducting apre-shift examination may enter the mine until the examination has beencompleted and the mine foremen report the mine to be clear of danger;however, miners may enter under the direction of a mine foreman for thepurpose of making the mine safe. The Chief shall have the authority incertain mines, in his discretion, to authorize man-trips to proceed to adesignated station underground, from which they may not pass until the mineforemen report the remainder of the areas of the mine to be clear of danger.
J. Miners regularly employed on a shift during which a pre-shift examinationis being conducted shall be permitted to leave or enter the mine in theperformance of their duties.
K. In multiple shift operations, certified persons may be used to make thepre-shift examination for the next or succeeding shift.
L. Areas of inactive underground coal mines shall be examined for gas andother hazardous conditions by a mine foreman immediately before miners arepermitted to enter such areas to take emergency actions to preserve a mine.
M. In the performance of his duties under this section, the mine foremanshall have no superior officer, and all miners shall be subordinate to him.
(Code 1950, §§ 45-32, 45-33, 45-60.4, 45-68.1, 45-69.7; 1954, c. 191; 1966,c. 594, §§ 45.1-20, 45.1-65; 1978, c. 120; 1982, c. 385; 1994, c. 28; 1996,c. 774; 2005, c. 3.)