A. The Director shall adopt, in accordance with Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act, regulations necessary to ensure safe working conditions and practices at surface 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 surface mineral mines shall establish requirements for the:
1. Protection of miners from general risks found at surface mineral mines;
2. Provision and use of personal protection equipment;
3. Control of unstable ground conditions;
4. Handling and storage of combustible materials, including requirements for emergency plans, firefighting and emergency rescue, fire prevention and safety features on mine equipment, and fire prevention and safety in mine structures and buildings;
5. Control of exposure to airborne toxic contaminants;
6. Safe storage, transportation, and use of explosives and blasting devices;
7. Safe design, operation, maintenance, and inspection of drilling equipment;
8. Construction, use, maintenance, and inspection of boilers, air compressors, and compressed gas systems;
9. Safe design, operation, maintenance, and inspection of mobile equipment;
10. Safe design, use, maintenance, and inspection of ladders, walkways, and travel ways;
11. Safe design, operation, maintenance, and inspection of electrical equipment and systems;
12. Safe design, use, maintenance, and inspection of guards on moving parts of equipment and machinery;
13. Safe storage, transportation, and handling of materials, including corrosive and hazardous substances;
14. Safe design, operation, maintenance, and inspection of hoisting equipment and cables;
15. Actions to be taken by certified and competent persons; and
16. Design, construction, maintenance, and inspection of refuse piles and water and silt retaining dams, including emergency response plans.
B. The Director shall not adopt any regulation relating to surface 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, § 45.1-161.305; 1996, c. 774; 1998, c. 695; 2021, Sp. Sess. I, c. 387.