45.1-161.305 - Regulations governing conditions and practices at surface mineral mines.
§ 45.1-161.305. Regulations governing conditions and practices at surfacemineral mines.
A. The Director shall promulgate rules and regulations, in accordance withArticle 2 (§ 2.2-4006 et seq.) of the Administrative Process Act, necessaryto ensure safe working conditions and practices at surface mineral mines inthe Commonwealth. Nothing in this section shall restrict the Director frompromulgating regulations more stringent than regulations promulgated pursuantto the federal mine safety law. Such rules and regulations applicable tosurface mineral mines shall establish requirements:
1. For protecting miners from general risks found at surface mineral mines;
2. For the provision and use of personal protection equipment;
3. For controlling unstable ground conditions;
4. For the handling and storage of combustible materials, includingrequirements for emergency plans, fire-fighting and emergency rescue, fireprevention and safety features on mine equipment, and fire prevention andsafety in mine structures and buildings;
5. For controlling exposure to airborne toxic contaminants;
6. For safe storage, transportation, and use of explosives and blastingdevices;
7. For the safe design, operation, maintenance, and inspection of drillingequipment;
8. For the construction, use, maintenance, and inspection of boilers, aircompressors, and compressed gas systems;
9. For the safe design, operation, maintenance, and inspection of mobileequipment;
10. For the safe design, use, maintenance, and inspection of ladders,walkways, and travel ways;
11. For the safe design, operation, maintenance, and inspection of electricalequipment and systems;
12. For the safe design, use, maintenance, and inspection of guards on movingparts of equipment and machinery;
13. For the storage, transportation and handling of materials, includingcorrosive and hazardous substances;
14. For the safe design, operation, maintenance, and inspection of hoistingequipment and cables;
15. For the actions of certified and competent persons; and
16. For the design, construction, maintenance, inspection of refuse piles,and water and silt retaining dams, including emergency response plans.
B. The Director shall not promulgate any regulation relating to surfacemineral mines which is inconsistent with requirements established by the Act,or which, when an operator takes action to comply with the provisions of suchregulation, would place the operator in violation of the federal mine safetylaw.
(1994, c. 28; 1996, c. 774; 1998, c. 695.)