A. The Director shall adopt, in accordance with the provisions of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act, regulations necessary to ensure the safety and health of miners and other persons and property at underground mineral mines in the Commonwealth. Nothing in this section shall restrict the Director from adopting regulations more stringent than regulations adopted pursuant to the federal mine safety law. Such regulations applicable to underground mineral mines shall establish requirements for the:
1. Protection of miners from general risks found at underground mineral mines and in mining;
2. Provision and use of personal protection equipment and devices for the head, feet, hands, and body;
3. Maintenance, operation, storage, and transportation of mechanical or electrical equipment, devices, and machinery used in the underground mining of minerals;
4. Control of unstable roof, face, rib, floor, and other ground conditions;
5. Handling and storage of combustible materials, including requirements for emergency plans, firefighting and emergency rescue, fire prevention and safety features on mine equipment, fire safety in mine structures and other areas, and other flame and spark hazards;
6. Control of exposure to airborne contaminants and excessive noise levels;
7. Provision of adequate air quality and quantity through ventilation and other appropriate measures;
8. Safe storage, transportation, and use of explosives and blasting devices;
9. Safe design, operation, maintenance, and inspection of drilling equipment;
10. Construction, installation, maintenance, use, and inspection of boilers, air compressors, and compressed gas systems;
11. Safe design, use, maintenance, and inspection of passageways, walkways, ladders, and other travel ways;
12. Safe design, operation, maintenance, and inspection of electrical equipment and systems;
13. Safe storage, transportation, and handling of materials, including corrosive and hazardous substances;
14. Safe design, use, maintenance, and inspection of guards on moving parts of equipment and machinery;
15. Safe design and operation of chutes;
16. Inspection, maintenance, safe design, and operation of hoisting equipment and cables;
17. Inspection, maintenance, and construction of mine shafts;
18. Actions to be taken by certified and competent persons; and
19. Safe design, operation, maintenance, and inspection of, and the conduct of mining activities at, surface areas of underground mineral mines.
B. The Director shall not adopt any regulation relating to underground mineral mines that is inconsistent with any requirement established by the Act or that, if an operator were to take action to comply with the provisions of such regulation, would place the operator in violation of the federal mine safety law.
1994, c. 28, § 45.1-161.294; 1996, c. 774; 1998, c. 695; 2021, Sp. Sess. I, c. 387.