CHAPTER 191

An Act to revise Chapters 1 through 6 of Title 45, consisting, respectively,
of 8§ 45-1 through 45-17, 45-18 through 45-31, 45-82 through 45-42,
45-48 through 45-58, 45-54 through 45-87, and 45-88 through 45-90, all
relating to mines and mining and relating, respectively, to general pro-
visions as to mines and mining, examiners and examinations, fire
bosses and foremen, oils and explosives, miscellaneous safety provi-
sions, and weights and measures; and, to that end, to amend and re-
enact §§ 45-1, 45-8, 45-4, 45-5, 45-6, 45-8, 45-9, 45-10, 45-11, 45-12,
45-14, 45-16, 45-17, 45-18, 45-20, 45-28, 45-24, 45-25, 45-26, 45-27,
45-29, 45-81, 45-82, 45-83, 45-34, 45-385, 45-88, 45-89, 45-42, 45-48,
45-69, 45-70, 45-71, 45-72, 45-74, 45-75, 45-77, 45-79, 45-81 as amended,
45-82, 45-83, 45-86, and 45-88 of the Code of Virginia, to amend the
Code of Virginia by adding in Chapters 1, 3 and 4 of Title 45 sections
numbered 45-0.1, 45-0.2, 45-4.1, 45-12.1, 45-14.1, 45-83.1, 45-45.1 and
45-58.1 through 45-53.8, and by adding in Chapter 5 of Title 45 sec-
tions numbered 45-60.1 through 45-60.5, 45-68.1 through 45-68.4,
45-69.1 through 45-69.7, 45-71.1, 45-77.1, 45-82.1 through 45-82.7, and
45-85.1 through 45-85.10, and to repeal §§ 45-18, 45-15, 45-36, 45-87,
45-44 through 45-60, 45-62, 45-68, 45-64, 45-65, 45-66, 45-67, 45-68,
and 45-76 of the Code of Virginia. 'S 76

76]

Approved March 10, 1954

Be it enacted by the General Assembly of Virginia:

1. That §§ 45-1, 45-3, 45-4, 45-5, 45-6, 45-8, 45-9, 45-10, 45-11, 45-12,
45-14, 45-16, 45-17, 45-18, 45-20, 45-23, 45-24, 45-25, 45-26, 45-27, 45-29,
45-31, 45-32, 45-33, 45-34, 45-35, 45-38, 45-39, 45-42, 45-48, 45-69, 45-70,
45-71, 45-72, 45-74, 45-75, 45-77, 45-79, 45-81 as amended, 45-82, 45-83,
45-86, and 45-88 of the Code of Virginia be amended and reenacted, and
that the Code of Virginia be amended by adding in Chapters 1, 3 and 4 of
Title 45 sections numbered 45-0.1, 45-0.2, 45-4.1, 45-12.1, 45-14.1, 45-33.1,
45-45.1 and 45-53.1 through 45-53.8 and by adding in Chapter 5 of Title 45
sections numbered 45-60.1 through 45-60.5, 45-68.1 through 45-68.4, 45-69.1
through 45-69.7, 45-71.1, 45-77.1, 45-82.1 through 45-82.7, and 45-85.1
through 45-85.10, as follows:
CHAPTER I
General Provisions

§ 45-0.1. Short Title; purpose—This Title, as amended, shall be
known as the “Virginia Coal Mine Safety Law of 1954.” The purpose of
this Title is to provide reasonable laws to promote the safety and health of
those engaged in the mining of coal and the quarrying of other minerals,
and for the protection and preservation of property.

§ 45-0.2. Definitions.—Unless the context clearly requires otherwise,
as used in this Act, the following terms have the following meanings:

(a) “Commissioner” means the Commissioner of the Department of
Labor and Industry, or such other public officer, employee, board, commis-
sion, or other authority that may by law be assigned the duties and au-
thority of the Commissioner of the Department of Labor and Industry.

(b) “Chief” means the Chief of the Division of Mines of the Depart-
ment of Labor and Industry, or such other public officer, employee, board,
commission, or other authority that may in emergencies be acting in the
stead, or by law be assigned the duties and authority, of the Chief of the
Division of Mines of the Department of Labor and Industry.

(c) “Mine Inspector” means a public employee assigned by the Chief
to make mine inspections as required by this Act and other law from time
to time in such cases made and provided.
(d) “Superintendent” means the person placed in over-all charge of
the operation of a coal mine or mines.

(e) “Operator” means the owner, part owner, operator, or lessee to
whom the Superintendent reports and is accountable for the operation.
The Operator may also be the Superintendent.

(f) “Mine Foreman” means a person holding a valid certificate of
qualification duly issued by action of the Board of Examiners, and also in-
cludes the person acting in the stead of a Mine Foreman appointed as pro-
vided hereunder when a certified mine foreman is unavailable.

(g) “Supervisor” may be used to designate Mine Foreman, Assistants,
Section Foreman, Trafficmen, Maintenance Foreman, etc., and is restricted
herein to mean those persons employed by the Operator or Superintendent
to manage all or a part of the mine operations.

(h) “Fire Boss’ means a person holding a valid certificate of qualifi-
cation duly issued by action of the Board of Examiners, and also includes
the person acting in the stead of a fire boss appointed as provided here-
under when a certified fire boss is unavailable.

(1) “Approved Competent Person” is one who has had at least two
years of practical experience, has knowledge of mine roof, timbering, and
ventilation, has good judgment, and who has demonstrated knowledge of
mine gases and the use of permissible flame safety lamps, such demonstra-
tion to be given and made of record in a manner prescribed by the Chief.

(7) “Approved” means a device, process, equipment, or method ap-
proved by the Chief; provided that, if any interested person so requests, the
Chief may review such approval.

(k) “Permissible” means a device, process, or equipment or method
heretofore or hereafter classified by such term by the United States Bureau
of Mines, when such classification is adopted by the Chief, and includes,
unless otherwise herein expressly stated, all requirements, restrictions, ex-
ceptions, limitations, and conditions attached to such classification by the
said Bureau.

(l) “Commercial mine” means any coal mine from which coal is
mined for sale, commercial use, or exchange. This term shall in no in-
stance be construed to include a farm mine where coal is produced for own

(m) “Drift” means an opening through the strata, with opening
grades such as to permit coal to be hauled by mules or mechanical traction
power, and capable of being used for the purpose of ventilation, drainage,
ingress, egress, and other purposes in connection with the mining of coal.

(n) “Gaseous mine” means a mine in which the percentage of explo-
sive gas exceeds one-fourth of one per cent at the return of any one split.

(o) “Gassy mine” means a mine in which methane has been detected
by a flame safety lamp, or one in which there is a record of methane
having been ignited.

(p) “Mine” means any open pit or any underground workings from
which coal or other minerals are produced for sale, exchange, or com-
mercial use, and all shafts, slopes, drifts, or inclines leading thereto, and in-
cludes all buildings and equipment, above or below the surface of the
ground, used in connection with such mine. Mines that are adjacent to
each other and under the same management and which are administered as
distinct units shall be considered as separate mines.

(q) “Nongaseous mine” means any coal mine not classified by the
Chief as a gassy or as a gaseous mine.

(r) “Pure intake air” means air that by analysis contains not less
than 19.5 per cent oxygen nor more than one-half of one per cent of carbon
dioxide, nor any dangerous quantities of flammable gas, nor any harmful
amounts of poisonous gas or dust.
(s) “Return air’ means air that has passed through the last active
working place on each split, or air that has passed through abandoned,
maccessible, or pillared workings.

(t) “Shaft” means a vertical opening through the strata that 1s or
may be used, in connection with the mining of coal or the production of
other minerals, for the purpose of ventilation or drainage, or for hoisting
men, coal, or materials.

(u) “Slope” means an inclined opening used for the same purpose as a
8

§ 45-1. Division of Mines under control of * Department of Labor
and Industry.—The Division of Mines, formerly known as the Department
of Mines, is continued. It shall be subject to the control of the * Depart-
ment of Labor and Industry.

§ 45-3. Chief, mine inspectors. * The Division of Mines shall be in
charge of an official to be known as the * Chief of the Division of Mines,
hereinafter designated as * Chief, who shall be appointed by the Governor
and shall serve at his pleasure and during his term of office. He shall be
under the direction of and shall report to the Commissioner of Labor and
Industry. Assistant mine inspectors shall be appointed by the Commis-
sioner*.

§ 45-4. Qualifications of * Chief and assistant inspectors; removal of
assistant inspectors.—(a) The Chief shall be stationed in a city or town
as | near the center of the mining industry as is practicable. The Chief
shall:

(1) Bea qualified elector;

(2) Have had twelve or more years’ experience in the working,
ventilating, and drainage of mines, of which experience eight or
more years must have been in coal mines;

(3) Have a practical and scientific knowledge of all noxious
and dangerous gases and dusts found in such mines;

(4) Have a first class mine foreman’s certificate of competency
from the Board of Examiners of the Commonwealth of Virginia;
a

(5) Be not less than thirty years of age.

(b) Each mine inspector shall:

(1) Bea qualified elector;

(2) Have a first class mine foreman certificate of competency
from the Board of Examiners of the Commonwealth of Virginia;

(3) Have had eight or more years’ practical experience in mines,
of which experience at least six years or more must have been in
coal mines; and

(4) Be not less than twenty-eight years of age.

The mine inspectors shall reside at such points convenient to their
respective districts as may be designated by the Chief.

(c) The * assistant inspectors shall have a thorough knowledge of the
different systems of working and ventilating coal mines, and of the nature
and properties of mine gases, especially explosive gases, and dust. They
shall have a thorough and practical knowledge of mining gained by *
six or more years’ experience at and in coal mines; and they shall be of
good moral character and temperate habits. Subject to the provisions of
Chapter 9 of Title 2, the assistant mine inspectors may be removed from
office by the Commissioner of Labor for incompetency, neglect of duty,
drunkenness, malfeasance and for other good causes.

§ 45-4.1. The following schedule of mine inspections shall be main-
tained: (a) For gaseous or gassy mines, one complete inspection every 45
days; (b) For non-gaseous mines, one complete inspection every ninety
days. However, special partial or complete inspections shall be made when
deemed necessary by the Chief.

§ 45-5. Records of * inspections.—The * Chief shall keep a record of
all inspections made by him and his assistants and report the same to the
Commissioner of Labor, who shall keep a permanent record thereof prop-
erly indexed, which record shall at all times be open to inspection by any
citizen of the Commonwealth and shall be collated and embodied in the
annual report of the * Department of Labor and Industry.

§ 45-6. Affiliation with labor union, coal company or operators’ as-
sociation.—Neither the * Chief nor any other officer or employee of the
Division of Mines shall, upon taking office or being employed, or at any
other time during the term of his office or employment, have any affiliation
with organized union labor or any operating coal company or any opera-
tors’ association.

§ 45-8. * Chief authorized to make rules and regulations.—The *
Chief shall have the authority to make rules and regulations, in writing,
not inconsistent with the provisions of this Title, intended to safeguard
life and property or to take care of any emergency hazardous conditions in
the operation of mines, quarries and open cut excavations whether for coal,
rock, sand, clay, talc or other minerals, if and when the need arises and
the matter is not covered by the specific provisions of this Title.

§ 45-9. Duties of mine inspectors; inspection of mines; * reports of
inspection.—(a) The duties of mine inspectors are to make examinations
of mines to see that all the requirements of this Title are strictly observed
and carried out. They shall examine the equipment, works, and machinery
connected with said mines; examine into the state of mines as to transpor-
tation, ventilation, circulation and conditions of air, electricity, explosives,
lumbering, drainage, dangerous gases, dust, mining practices, and general
security, and shall perform such other duties as are required by the Chief.
The mine inspectors shall make a record of all examinations of mines,
showing the date when made, the condition in which the mines are found,
the extent to which the laws relating to mines are observed or violated, the
progress made in the improvements and security of life and health sought
to be secured by the provisions of this Title, together with all such other
facts and information of public interest concerning the condition of mines,
the development and progress of mining in this Commonwealth as they
may think useful and proper, and so much thereof as may be of public
anterest shall be included in their reports. A comprehensive report of each
inspection of each mine shall promptly be made by the Chief to the operator
or mine foreman of said mine, and said report shall be posted in a con-
spicuous place at the mine. This report shall be made on a form provided
for that purpose and compiled by the Chief. The form may be changed by
the Chief from time to time, as he may consider desirable.

(b) * The inspector shall visit * a mine * if called on in writing by
ten men engaged in any one mine, or the owner, operator or superin-
tendent of any mine. *

§ 45-10. Maps of coal mines required to be made; contents; exten-
sion, preservation.—(a) The operator of every coal mine, or his agent, shall
make, or cause to be made, unless already made and filed, an accurate map
or plan of such mine, on a scale, to be stated thereon, of one hundred to *
five hundred feet to the inch. Such map or plan shall show the openings
or excavations, the shafts, slopes, entries and airways, with darts or
arrows showing direction of air currents, headings, rooms, pillars and so
forth, such portions of such mine or mines as may have been abandoned,
the general inclination of the coal strata, and so much of the property lines
and the outcrop of the coal seam of the tract of land on which such mine
is located as may be within one thousand feet of any part of the workings
of such mine. A true copy of such map or plan shall be delivered by such
operator to the mine inspector, and such copy shall be filed and preserved
among the records of the Division of Mines, but in no case shall any copy
of the same be made for any other person without the consent of the
operator or his agent. The original map, or a true copy thereof, shall be
kept by such operator at the office of the mine, open at all reasonable times
for the examination and use of the mine inspector. Such operator shall
twice within every twelve months, to wit, on or before the first day of
February and on or before the first day of August of each year, while the
mine is in operation, cause such mine to be surveyed and the map thereof
extended so as to accurately show the progress of the workings, the
property lines and outcrop as before described, and shall forward the same
to the Division of Mines, to be kept on record, subject to the conditions
hereinbefore stated.

(b) Maps for other than coal mines shall be submitted as required by
the Chief.

(c) If any mine is abandoned the Division shall preserve as a perma-
nent record the last map filed with the Division, together with any exten-
sions thereof, under the provisions of this section. If any mine 1s aban-
doned and no adequate map thereof is on file it shall be the duty of the
Chief to procure such map under the provisions of the succeeding section,
tf practicable to do so.

§ 45-11. When * the Chief may cause maps to be made; payment
of expense.—If the operator of any.mine, or his agent, shall neglect or fail
to furnish to the * Chief a copy of any map or extension thereof, as pro-
vided in the preceding section, the * Chief is authorized to cause a correct
survey and map or plan of the mine, or extension thereof, to be made at
the expense of the operator of such mine, the cost of which shall be recov-
ered from the operator as other debts are recoverable by law. If at any
time the * Chief has reason to believe that such map or plan, or any
extension thereof, furnished in pursuance of the preceeding section, is
substantially incorrect, or such as will not serve the purpose for which it
was intended, he may have a survey and map or plan, or extension thereof,
made or corrected and the expense of making such survey and map or
plan, or extension thereof, under the direction of the * Chief, shall be paid
by the operator and the same may be collected as other debts are recover-
able by law, but if found substantially correct, the expense thereof shall be
paid by the State.

§ 45-12. * Accidents; reports; investigations.—(a) Each operator
will report promptly to the Chief the occurrence at any mine of any fatal
accident or accident involving serious personal injury to any person or
persons, whether employed or not. The scene of the accident will not be
disturbed pending an investigation, except to prevent suspension of use of
a slope, entry, or facility vital to the operation of a section ora mine. In
cases where reasonable doubt exists as to whether to leave the scene un-
changed, the operator will secure prior approval from the Chief before any
changes are made.

(b) The Chief will go personally or dispatch one or more mine inspec-
tors to the scene of the accident or accidents, investigate causes, and issue
such orders as may be needed to insure safety of other persons. Represen-
tatives of the operator will render such assistance as may be needed and
act in a consulting capacity at the investigation. An employee designated
by the employees of the mine will be notified, and as many as three em-
ployees designated as representatives of the employees may be present at
the investigation in a consulting capacity.

(c) The Division will render a complete report of circumstances and
causes of each accident investigated, and make recommendations for the
prevention of similar accidents. The Division will furnish one copy of the
report to the operator, and one copy to the employee representative when
he has been present at the investigation. The Chief will maintain a com-
plete file of all accident reports, and may give such further publicity as may
be ordered by the Commissioner in an effort to prevent mine accidents.

(da) Each employee shall promptly notify his supervisor of any injury
received during the course of his employment.

§ 45-12.1. Hearings involving accidents.—(a) The Chief shall have
the authority to administer oaths and to issue subpoenas requiring the
attendance of witnesses, to testify under oath in any proceeding, and to
require witnesses to answer all questions propounded to them. The sheriff
or constable in the county in which such witnesses may reside or be found,
shall execute subpoenas issued as above provided, and ‘they shall each
receive for their services in executing such subpoenas the same fees as
are allowed them respectively for executing subpoenas in other cases. Any
witnesses summoned as above mentioned shall be entitled to the same
mileage and per diem as is now allowed by law to such witnesses attending
trials in the circuit court.

(bo) If any witness subpoenaed as above mentioned shall fail to attend
without good excuse, in accordance with the subpoena served on him, or
shall fail to testify when attending, said Chief before whom said proceed-
ings are being had, shall certify to the failure of any witness to attend and
to testify, to a judge of any court of record in the county where such pro-
ceeding is being held. The judge to whom such certificate is made shall
cause such witness to appear before him at a time fixed by the said judge,
to show cause why he should not be punished for contempt, and shall fine
or imprison such witness as such judge may deem proper in case he is
found guilty of contempt in the premises.

(c) The expense of executing subpoenas and the attendance of wit-
nesses, as well as said contempt proceedings, shall be paid by the county
an which the accident occurred. ,

§ 45-14. Reports of * explosions, mine fires, and procedure.—(a) If
an explosion or mine fire occurs ina mine, the Chief shall be notified by the
quickest available means. All facilities of the mine shall be made available
for rescue and recovery operations.

(b) No work other than rescue and recovery work may be attempted
or started until and unless it is authorized by the Chief or his designated
representatives.

(c) After an explosion or mine fire, operations may not be resumed
until they are authorized by the Chief.

(d) If an explosion occurs in a mine, the fan shall not be reversed
except by authority of the officials in charge of rescue and recovery work,
and then only after a study of the effect of reversing the fan on survivors
who are still underground.

(e) The Chief shall make available all the facilities at his disposal in
effecting rescue and recovery work; and shall act as consultant, or take
personal charge, where in his opinion the circumstances warrant.

(f) The orders of the official in charge of rescue and recovery work
shall be respected and obeyed by all persons engaged in rescue and recovery
work.

(g) The Chief shall maintain an up-to-date rescue and recovery plan
for prompt and adequate employment at any mine in the State. All em-
ployees of the Division shall be kept fully informed and trained in their
respective duties in making the rescue and recovery plan work effectively.
The Division’s plan shall be published annually and furnished to all opera-
tors of mines. Changes in the plan shall be published promptly when
made, and furnished to all operators of mines.
§ 45-14.1. Mune fires. (a) The first person to discover a fire, and any
person in the vicinity, shall take prompt steps to extinguish the fire.

(b) If the fire cannot be quickly extinguished, word shall be sent im-
mediately to a competent official of the mine who shall take charge and
ona all workmen out of the affected area except those designated for fire

ghting.

(c) If the fire gets out of control, workmen shall be withdrawn pend-
ing action to flood or seal off the affected area. This phase shall be under
the direction of the senior ranking mine official available, in consultation
with the Chief or a designated inspector.

(d) Immediately upon knowledge of serious fire in or about a mine,
the operator shall report by the quickest available means to the Chief, giving
all information known to him. Based on the information, the Chief shall
take prompt action to go in person or dispatch qualified subordinates to the
scene of the fire for consultation, and assist in the extinguishing of the fire
and the protection of exposed persons. In the event of a difference of opin-
ton as to measures required, the decision of the Chief or his designated
subordinate shall be final, but must be given to the operator in writing to
have the force of an order.

§ 45-16. Persons not permitted to work in mines and quarries, tres-
passers.—(a) No male person under eighteen years of age, and no female
of any age, shall be permitted to work in or around any mine or quarry,
except female employees over eighteen years of age may perform office,
clerical, laboratory, first aid, messenger service or similiar work around
mines and quarries, and in all cases of doubt, the operator, or his agent or
foreman, shall obtain a birth certificate or other documentary evidence
from the Registrar of Vital Statistics or other authentic sources as to the
age of such person.

(b) Any operator, or his agent, or foreman, who shall violate the
provisions of this section, or any person making a false statement as to the
age of any person under eighteen years of age applying for work in or
around any mine or quarry, shall, upon conviction, be fined or imprisoned
as hereinafter provided.

(c) Persons not employees of a mine or duly authorized employees of
the Division of Mines or of the United States Bureau of Mines, shall not
enter a mine, or go near the entrance, tracks, machinery, or other place of
danger unless the consent of the operator or his authorized representative
has been secured.

§ 45-17. Penalties—(a) Any operator, company or corporation, or
any mine superintendent, inspector, manager, engineer, mine foreman,
agent or employee, who is charged with the making of maps or other data
to be furnished as provided in §§ 45-10 and 45-11, who does not correctly
show, within the limits of error, the data required, or who knowingly makes
any false statement or return in connection therewith, shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall be fined not less
than fifty dollars nor more than two hundred dollars, in the discretion of
the court or jury trying the case.

(b) The * Chief or any district inspector, or any operator, mine super-
intendent, general manager, mine foreman or other employee of any mining
company, or any other person, who shall violate any of the provisions of
this title, shall be guilty of a misdemeanor and, upon conviction thereof,
shall, unless a different penalty is expressly provided in this title, be fined
not less than ten dollars nor more than five hundred dollars, or be im-
prisoned in jail not less than ten days nor more than one year, in the dis-
ue of the court or jury trying the case, except as otherwise provided in

s title.
(c) In all prosecutions under this title, the circuit court, criminal
court, or intermediate court having criminal jurisdiction, and trial justices
shall have concurrent jurisdiction, with the right of appeal.

(d) It shall be the duty of the Commonwealth’s attorney of the ap-
propriate county or city, upon the request of the * Chief, or any of his
deputies, to prosecute any violation of any law which it is the duty of the
* Chief to have enforced.