CODE OF VIRGINIA

PRE-SHIFT EXAMINATIONS (§ 45.1-161.208)

A. The operator or his agent shall establish eight-hour intervals of time
subject to required pre-shift examinations. Within three hours preceding the
beginning of any such eight-hour interval during which any person is scheduled
to work or travel underground, mine foremen shall make a pre-shift examination.
No person scheduled to enter the mine during the eight-hour interval other than
the mine foremen conducting the examination may enter any underground area
unless a pre-shift examination has been completed for such established
eight-hour interval.

B. During the pre-shift examination, the mine foreman shall (i) examine for
hazardous conditions, (ii) test for methane and oxygen deficiency with a
suitable permissible device, and (iii) determine whether the air is traveling in
its regular course and in sufficient volume in each split, at the following
locations which are underground:

   1.  Track entries and other areas where persons are scheduled to work or
   travel during the oncoming shift;

   2.  Belt conveyors that will be used to transport persons during the oncoming
   shift and the entries in which these belt conveyors are located;

   3.  Working sections and areas where mechanized mining equipment is being
   installed or removed, if anyone is being scheduled to work on the section or
   in the area during the oncoming shift. This includes working places,
   approaches to worked-out areas, and ventilation controls on these sections or
   in these areas;

   4.  Approaches to worked-out areas along intake air courses if intake air
   passes by the worked-out area to ventilate working sections where anyone is
   scheduled to work during the oncoming shift;

   5.  Seals along intake air courses where intake air passes by a seal to
   ventilate working sections where anyone is scheduled to work during the
   oncoming shift;

   6.  Entries and rooms driven more than 20 feet off an intake air course
   without a crosscut and without permanent ventilation controls, or more than
   two crosscuts off an intake air course without permanent ventilation controls
   where intake air passes through or by these entries or rooms to a working
   section where anyone is scheduled to work during the oncoming shift; and

   7.  Where unattended diesel equipment is to operate or areas where trolley
   wires or trolley feeder wires are to be or will remain energized during the
   oncoming shift.

C. During the pre-shift examination, the mine foreman shall determine the volume
of air entering each of the following areas if a miner is scheduled to work in
the areas during the oncoming shift:

   1.  In the last open crosscut, which means the crosscut in the line of pillars
   containing the permanent stoppings that separate the intake air courses and
   the return air courses, of each set of entries or rooms on each working
   section and areas where mechanized mining equipment is being installed or
   removed;

   2.  On each longwall or shortwall in the intake entry or entries at the intake
   end of the longwall or shortwall face immediately outby the face and the
   velocity of air at each end of the face at the locations specified in the
   approved ventilation plan required by the federal mine safety law; and

   3.  At the intake end of any pillar line (i) if a single split of air is used,
   in the intake entry furthest from the return air course, immediately outby the
   first open crosscut outby the line of pillars being mined, or (ii) if a split
   system is used, in the intake entries of each split immediately inby the split
   point.

D. A mine foreman shall make a pre-shift examination of surface areas of
underground coal mines in accordance with the requirements for pre-shift
examinations at surface coal mines as provided in § 45.1-161.256.

E. The Chief may require the mine foreman to examine other areas of the mine or
examine for other hazards during the pre-shift examination.

F. Any area of the mine where hazardous conditions are found shall be posted
with a conspicuous danger sign where anyone entering the area would pass. Only
persons designated by the operator, or his agent, to correct or evaluate the
condition may enter this posted area.

G. At each working place examined, the mine foreman shall certify by initials,
date, and time, that the examination was made. In areas to be examined outby a
working section, the mine foreman shall certify by initials, date, and time at
enough locations to show that the entire area has been examined.

H. Idle and worked-out areas underground shall be inspected for gas and other
hazardous conditions by a mine foreman, immediately before miners are permitted
to enter or work in such places. A certified person shall supervise the
correction of conditions that create an imminent danger. The mine operator, or
his agent, may pass beyond the danger signal only in cases of necessity.

I. Where persons have not been working underground before an established
eight-hour interval, no person other than the mine foremen conducting a
pre-shift examination may enter the mine until the examination has been
completed and the mine foremen report the mine to be clear of danger; however,
miners may enter under the direction of a mine foreman for the purpose of making
the mine safe. The Chief shall have the authority in certain mines, in his
discretion, to authorize man-trips to proceed to a designated station
underground, from which they may not pass until the mine foremen report the
remainder of the areas of the mine to be clear of danger.

J. Miners regularly employed on a shift during which a pre-shift examination is
being conducted shall be permitted to leave or enter the mine in the performance
of their duties.

K. In multiple shift operations, certified persons may be used to make the
pre-shift examination for the next or succeeding shift.

L. Areas of inactive underground coal mines shall be examined for gas and other
hazardous conditions by a mine foreman immediately before miners are permitted
to enter such areas to take emergency actions to preserve a mine.

M. In the performance of his duties under this section, the mine foreman shall
have no superior officer, and all miners shall be subordinate to him.

HISTORY: Code 1950, §§ 45-32, 45-33, 45-60.4, 45-68.1, 45-69.7; 1954, c. 191;
1966, c. 594, §§ 45.1-20, 45.1-65; 1978, c. 120; 1982, c. 385; 1994, c. 28;
1996, c. 774; 2005, c. 3.