{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/45.2-1138.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/45.2-1138.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/45.2-1138.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/45.2-1138.html"}],"law_id":364055,"edition_id":2,"section_id":364055,"structure_id":51947,"section_number":"45.2-1138","catch_line":" Team members considered employees of the mine where emergency exists; compensation; workers’ compensation","history":"1997, c. 390, \u00a7 45.1-161.292:44; 1998, c. 695; 2021, Sp. Sess. I, c. 387.","full_text":"When engaged in rescue or recovery work during an emergency at a mine, all team members assigned to the work shall be considered, during the period of their work, employees of the mine where the emergency exists and shall be compensated by the licensed operator at the rate established in the area for such work. In no event shall such rate be less than the prevailing wage rate in the industry for the most skilled class of inside mine labor. During the period of their emergency employment, all team members shall be deemed to be within the employment of the licensed operator of the mine for the purpose of workers’ compensation coverage.\n\n","order_by":null,"text":{"0":{"id":1356046,"text":"When engaged in rescue or recovery work during an emergency at a mine, all team members assigned to the work shall be considered, during the period of their work, employees of the mine where the emergency exists and shall be compensated by the licensed operator at the rate established in the area for such work. In no event shall such rate be less than the prevailing wage rate in the industry for the most skilled class of inside mine labor. During the period of their emergency employment, all team members shall be deemed to be within the employment of the licensed operator of the mine for the purpose of workers’ compensation coverage.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":51947,"edition_id":2,"name":"Mine Rescue Teams","identifier":"5","label":"article","depth":5,"order_by":5,"parent_id":51942,"metadata":{"child_laws":10,"child_structures":0},"date_created":"2026-08-02 02:51:28","date_modified":"2026-08-02 12:33:55","permalink":{"id":1451261,"object_type":"structure","relational_id":51947,"identifier":"5","token":"45.2\/III\/A\/11\/5","url":"\/45.2\/III\/A\/11\/5\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51942,"edition_id":2,"name":"Mineral Mine Safety Act","identifier":"11","label":"chapter","depth":4,"order_by":1,"parent_id":51941,"metadata":{"child_laws":68,"child_structures":9},"date_created":"2026-08-02 02:51:24","date_modified":"2026-08-02 12:33:54","permalink":{"id":1451115,"object_type":"structure","relational_id":51942,"identifier":"11","token":"45.2\/III\/A\/11","url":"\/45.2\/III\/A\/11\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51941,"edition_id":2,"name":"Mineral Mines Generally","identifier":"A","label":"part","depth":3,"order_by":1,"parent_id":51940,"metadata":{"child_laws":117,"child_structures":18},"date_created":"2026-08-02 02:51:24","date_modified":"2026-08-02 12:33:54","permalink":{"id":1451113,"object_type":"structure","relational_id":51941,"identifier":"A","token":"45.2\/III\/A","url":"\/45.2\/III\/A\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51940,"edition_id":2,"name":"Mineral Mines","identifier":"III","label":"subtitle","depth":2,"order_by":3,"parent_id":51927,"metadata":{"child_laws":129,"child_structures":23},"date_created":"2026-08-02 02:51:24","date_modified":"2026-08-02 12:33:54","permalink":{"id":1451111,"object_type":"structure","relational_id":51940,"identifier":"III","token":"45.2\/III","url":"\/45.2\/III\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51927,"edition_id":2,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":99,"parent_id":null,"metadata":{"child_laws":627,"child_structures":120},"date_created":"2026-08-02 02:51:17","date_modified":"2026-08-02 12:33:32","permalink":{"id":1449541,"object_type":"structure","relational_id":51927,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":364051,"structure_id":51947,"section_number":"45.2-1134","catch_line":" Mine rescue and first aid stations","url":"\/45.2-1134\/","token":"45.2\/III\/A\/11\/5\/45.2-1134","metadata":false},{"id":364052,"structure_id":51947,"section_number":"45.2-1135","catch_line":" Mine rescue teams","url":"\/45.2-1135\/","token":"45.2\/III\/A\/11\/5\/45.2-1135","metadata":false},{"id":364053,"structure_id":51947,"section_number":"45.2-1136","catch_line":" Duty to train team","url":"\/45.2-1136\/","token":"45.2\/III\/A\/11\/5\/45.2-1136","metadata":false},{"id":364054,"structure_id":51947,"section_number":"45.2-1137","catch_line":"Qualification for team membership; direction of teams","url":"\/45.2-1137\/","token":"45.2\/III\/A\/11\/5\/45.2-1137","metadata":false},{"id":364055,"structure_id":51947,"section_number":"45.2-1138","catch_line":" Team members considered employees of the mine where emergency exists; compensation; workers' compensation","url":"\/45.2-1138\/","token":"45.2\/III\/A\/11\/5\/45.2-1138","metadata":false},{"id":364056,"structure_id":51947,"section_number":"45.2-1139","catch_line":" Requirements of recovery work","url":"\/45.2-1139\/","token":"45.2\/III\/A\/11\/5\/45.2-1139","metadata":false},{"id":364057,"structure_id":51947,"section_number":"45.2-1140","catch_line":" State-designated mine rescue teams","url":"\/45.2-1140\/","token":"45.2\/III\/A\/11\/5\/45.2-1140","metadata":false},{"id":364058,"structure_id":51947,"section_number":"45.2-1141","catch_line":" Mine Rescue Fund","url":"\/45.2-1141\/","token":"45.2\/III\/A\/11\/5\/45.2-1141","metadata":false},{"id":364059,"structure_id":51947,"section_number":"45.2-1142","catch_line":" Inspections; Mine Rescue Coordinator","url":"\/45.2-1142\/","token":"45.2\/III\/A\/11\/5\/45.2-1142","metadata":false},{"id":364060,"structure_id":51947,"section_number":"45.2-1143","catch_line":" Workers' compensation; liability","url":"\/45.2-1143\/","token":"45.2\/III\/A\/11\/5\/45.2-1143","metadata":false}],"previous_section":{"id":364054,"structure_id":51947,"section_number":"45.2-1137","catch_line":"Qualification for team membership; direction of teams","url":"\/45.2-1137\/","token":"45.2\/III\/A\/11\/5\/45.2-1137","metadata":false},"next_section":{"id":364056,"structure_id":51947,"section_number":"45.2-1139","catch_line":" Requirements of recovery work","url":"\/45.2-1139\/","token":"45.2\/III\/A\/11\/5\/45.2-1139","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1138\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 390<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1998, chapter 695<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1451279,"object_type":"law","relational_id":364055,"identifier":"45.2-1138","token":"45.2\/III\/A\/11\/5\/45.2-1138","url":"\/45.2-1138\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/45.2-1138\/","token":"45.2\/III\/A\/11\/5\/45.2-1138","dublin_core":{"Title":" Team members considered employees of the mine where emergency exists; compensation; workers’ compensation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1138","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When engaged in rescue or recovery work during an emergency at a mine, all team members assigned to the work shall be considered, during the period of their work, employees of the mine where the emergency exists and shall be compensated by the licensed operator at the rate established in the area for such work. In no event shall such rate be less than the prevailing wage rate in the industry for the most skilled class of inside mine labor. During the period of their emergency employment, all team members shall be deemed to be within the employment of the licensed operator of the mine for the purpose of workers’ compensation coverage.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n TEAM MEMBERS CONSIDERED EMPLOYEES OF THE MINE WHERE EMERGENCY EXISTS;\nCOMPENSATION; WORKERS’ COMPENSATION (\u00a7 45.2-1138)\n\nWhen engaged in rescue or recovery work during an emergency at a mine, all team\nmembers assigned to the work shall be considered, during the period of their\nwork, employees of the mine where the emergency exists and shall be compensated\nby the licensed operator at the rate established in the area for such work. In\nno event shall such rate be less than the prevailing wage rate in the industry\nfor the most skilled class of inside mine labor. During the period of their\nemergency employment, all team members shall be deemed to be within the\nemployment of the licensed operator of the mine for the purpose of\nworkers’ compensation coverage.\n\nHISTORY: 1997, c. 390, \u00a7 45.1-161.292:44; 1998, c. 695; 2021, Sp. Sess. I, c.\n387.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}