(Effective October 1, 2021) Operators' reports of accidents; investigations; reports by Department

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A. Each operator shall report promptly to the Department the occurrence at any mine of any accident involving serious personal injury or death to any person, whether employed in the mine or not. The scene of the accident shall not be disturbed pending an investigation, except to prevent the suspension of use of a slope, entry, or facility vital to the operation of a section or a mine. In any case in which reasonable doubt exists as to whether to leave the scene unchanged, the operator shall secure prior approval from the Department before any change is made.

B. The Director shall go personally or dispatch one or more mine inspectors to the scene of such a mineral mine accident, investigate causes, and issue any orders needed to ensure the safety of other persons.

C. Representatives of the operator shall render any assistance needed and act in a consulting capacity in the investigation. An employee, if so designated by the employees of the mine, shall be notified, and as many as three employees if so designated as representatives of the employees may be present at the investigation in a consulting capacity.

D. The Department shall render a complete report of circumstances and causes of each accident investigated and make recommendations for the prevention of similar accidents. The Department shall furnish one copy of the report to the licensed operator, one copy to any other operator whose employees were exposed to hazards as a result of the accident, and one copy to the employee representative if he has been present at the investigation. The Director shall maintain a complete file of all accident reports for mineral mines. Further publicity may be ordered by the Director in an effort to prevent mine accidents.

1997, c. 390, § 45.1-161.292:51; 1998, c. 695; 2021, Sp. Sess. I, c. 387.


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