CODE OF VIRGINIA

SMOKING MATERIALS PROHIBITED; PENALTY (§ 45.1-161.177)

A. No miner or other person shall smoke or carry or possess underground any
smoker’s articles or matches, lighters, or similar materials generally
used for igniting smoker’s articles. Any person convicted of a violation
of this subsection shall be guilty of a Class 6 felony.

B. The operator shall institute a smoker search program, approved by the Chief,
to ensure that any person entering the underground area of the mine does not
carry smoking materials, matches, or lighters.

C. Any person entering or present in any underground area of a coal mine shall,
by his entry into the underground area of the mine, be subject to a search of
his person, such of his personal property as may be in any underground area of
the mine at any time he is underground, or both. Such search shall be conducted
at the direction of the Chief by employees of the Department. It shall be
limited in scope to the person and property of the persons present underground
at the time of the search and shall be for the purpose of enforcing the
provisions of this section.

D. This section shall not prohibit the possession of equipment used solely for
the operation of flame safety lamps or for welding or cutting.

HISTORY: 1993, c. 389, § 45.1-98.1; 1994, c. 28; 1995, c. 569.