A. The operator, or his agent, of every mine shall furnish the Chief and mineinspectors proper facilities for entering such mine and making examinationsor obtaining information and shall furnish any data or information not of aconfidential nature requested by such inspector.
B. The operator of an underground mine, or his agent, shall provide a mineinspector adequate means for transportation to the active working areas ofthe mine within a reasonable time following the mine inspector's arrival atthe mine.
C. The operator or his agent shall, when ordered to do so by a mine inspectorduring the course of his inspection, promptly clear the mine or sectionthereof of all persons.
D. The mine operator shall implement a substance abuse screening policy andprogram for all miners that shall, at a minimum, include:
1. A pre-employment, 10-panel urine test for the following and any othersubstances as set out in regulation adopted by the Board of Coal MiningExaminers:
a. Amphetamines,
b. Cannabinoids/THC,
c. Cocaine,
d. Opiates,
e. Phencyclidine (PCP),
f. Benzodiazepines,
g. Propoxyphene,
h. Methadone,
i. Barbiturates, and
j. Synthetic narcotics.
Samples shall be collected by providers who are certified as complying withstandards and procedures set out in the United States Department ofTransportation's rule, 49 CFR Part 40. Collected samples shall be tested bylaboratories certified by the United States Department of Health and HumanServices, Substance Abuse and Mental Health Services Administration (SAMHSA)for collection and testing. The mine operator may implement a more stringentsubstance abuse screening policy and program; and
2. Review of the substance abuse screening program with all miners at thetime of employment and annually thereafter.
E. The operator or his agent shall notify the Chief, on a form prescribed bythe Chief, within seven days of any failure of a pre-employment substanceabuse screening test and provide a record of the test showing such failure orviolation. Notice shall result in the immediate temporary suspension of allcertificates held by the applicant, pending hearing before the Board of CoalMining Examiners.
F. The operator or his agent shall notify the Chief, on a form prescribed bythe Chief, within seven days of (i) discharging a miner due to violation ofthe company's substance or alcohol abuse policies, (ii) a miner testingpositive for intoxication while on duty status, or (iii) a miner testingpositive as using any controlled substance without the prescription of alicensed prescriber. An operator having a substance abuse program shall notbe required to notify the Chief under subdivision (iii) unless the minerhaving tested positive fails to complete the operator's substance abuseprogram. The notification shall be accompanied by a record of the testshowing such positive results or violation. Notice shall result in theimmediate temporary suspension of all certificates held by the applicant,pending hearing before the Board of Coal Mining Examiners.
G. The provisions of this chapter shall not be construed to preclude anemployer from developing or maintaining a drug and alcohol abuse policy,testing program, or substance abuse program that exceeds the minimumrequirements set forth in this section.
(Code 1950, §§ 45-7, 45-12, 45-68.4, 45-69, 45-73, 45-75, 45-78, 45-79,45-81, 45-83; 1950, p. 156; 1954, c. 191; 1966, c. 594, § 45.1-21; 1976, c.598; 1978, cc. 222, 489; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577;1993, cc. 171, 442; 1994, c. 28; 1999, c. 256; 2007, cc. 894, 914; 2010, cc.809, 857.)
A. The operator, or his agent, of every mine shall furnish the Chief and mineinspectors proper facilities for entering such mine and making examinationsor obtaining information and shall furnish any data or information not of aconfidential nature requested by such inspector.
B. The operator of an underground mine, or his agent, shall provide a mineinspector adequate means for transportation to the active working areas ofthe mine within a reasonable time following the mine inspector's arrival atthe mine.
C. The operator or his agent shall, when ordered to do so by a mine inspectorduring the course of his inspection, promptly clear the mine or sectionthereof of all persons.
D. The mine operator shall implement a substance abuse screening policy andprogram for all miners that shall, at a minimum, include:
1. A pre-employment, 10-panel urine test for the following and any othersubstances as set out in regulation adopted by the Board of Coal MiningExaminers:
a. Amphetamines,
b. Cannabinoids/THC,
c. Cocaine,
d. Opiates,
e. Phencyclidine (PCP),
f. Benzodiazepines,
g. Propoxyphene,
h. Methadone,
i. Barbiturates, and
j. Synthetic narcotics.
Samples shall be collected by providers who are certified as complying withstandards and procedures set out in the United States Department ofTransportation's rule, 49 CFR Part 40. Collected samples shall be tested bylaboratories certified by the United States Department of Health and HumanServices, Substance Abuse and Mental Health Services Administration (SAMHSA)for collection and testing. The mine operator may implement a more stringentsubstance abuse screening policy and program; and
2. Review of the substance abuse screening program with all miners at thetime of employment and annually thereafter.
E. The operator or his agent shall notify the Chief, on a form prescribed bythe Chief, within seven days of any failure of a pre-employment substanceabuse screening test and provide a record of the test showing such failure orviolation. Notice shall result in the immediate temporary suspension of allcertificates held by the applicant, pending hearing before the Board of CoalMining Examiners.
F. The operator or his agent shall notify the Chief, on a form prescribed bythe Chief, within seven days of (i) discharging a miner due to violation ofthe company's substance or alcohol abuse policies, (ii) a miner testingpositive for intoxication while on duty status, or (iii) a miner testingpositive as using any controlled substance without the prescription of alicensed prescriber. An operator having a substance abuse program shall notbe required to notify the Chief under subdivision (iii) unless the minerhaving tested positive fails to complete the operator's substance abuseprogram. The notification shall be accompanied by a record of the testshowing such positive results or violation. Notice shall result in theimmediate temporary suspension of all certificates held by the applicant,pending hearing before the Board of Coal Mining Examiners.
G. The provisions of this chapter shall not be construed to preclude anemployer from developing or maintaining a drug and alcohol abuse policy,testing program, or substance abuse program that exceeds the minimumrequirements set forth in this section.
(Code 1950, §§ 45-7, 45-12, 45-68.4, 45-69, 45-73, 45-75, 45-78, 45-79,45-81, 45-83; 1950, p. 156; 1954, c. 191; 1966, c. 594, § 45.1-21; 1976, c.598; 1978, cc. 222, 489; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577;1993, cc. 171, 442; 1994, c. 28; 1999, c. 256; 2007, cc. 894, 914; 2010, cc.809, 857.)
A. The operator, or his agent, of every mine shall furnish the Chief and mineinspectors proper facilities for entering such mine and making examinationsor obtaining information and shall furnish any data or information not of aconfidential nature requested by such inspector.
B. The operator of an underground mine, or his agent, shall provide a mineinspector adequate means for transportation to the active working areas ofthe mine within a reasonable time following the mine inspector's arrival atthe mine.
C. The operator or his agent shall, when ordered to do so by a mine inspectorduring the course of his inspection, promptly clear the mine or sectionthereof of all persons.
D. The mine operator shall implement a substance abuse screening policy andprogram for all miners that shall, at a minimum, include:
1. A pre-employment, 10-panel urine test for the following and any othersubstances as set out in regulation adopted by the Board of Coal MiningExaminers:
a. Amphetamines,
b. Cannabinoids/THC,
c. Cocaine,
d. Opiates,
e. Phencyclidine (PCP),
f. Benzodiazepines,
g. Propoxyphene,
h. Methadone,
i. Barbiturates, and
j. Synthetic narcotics.
Samples shall be collected by providers who are certified as complying withstandards and procedures set out in the United States Department ofTransportation's rule, 49 CFR Part 40. Collected samples shall be tested bylaboratories certified by the United States Department of Health and HumanServices, Substance Abuse and Mental Health Services Administration (SAMHSA)for collection and testing. The mine operator may implement a more stringentsubstance abuse screening policy and program; and
2. Review of the substance abuse screening program with all miners at thetime of employment and annually thereafter.
E. The operator or his agent shall notify the Chief, on a form prescribed bythe Chief, within seven days of any failure of a pre-employment substanceabuse screening test and provide a record of the test showing such failure orviolation. Notice shall result in the immediate temporary suspension of allcertificates held by the applicant, pending hearing before the Board of CoalMining Examiners.
F. The operator or his agent shall notify the Chief, on a form prescribed bythe Chief, within seven days of (i) discharging a miner due to violation ofthe company's substance or alcohol abuse policies, (ii) a miner testingpositive for intoxication while on duty status, or (iii) a miner testingpositive as using any controlled substance without the prescription of alicensed prescriber. An operator having a substance abuse program shall notbe required to notify the Chief under subdivision (iii) unless the minerhaving tested positive fails to complete the operator's substance abuseprogram. The notification shall be accompanied by a record of the testshowing such positive results or violation. Notice shall result in theimmediate temporary suspension of all certificates held by the applicant,pending hearing before the Board of Coal Mining Examiners.
G. The provisions of this chapter shall not be construed to preclude anemployer from developing or maintaining a drug and alcohol abuse policy,testing program, or substance abuse program that exceeds the minimumrequirements set forth in this section.
(Code 1950, §§ 45-7, 45-12, 45-68.4, 45-69, 45-73, 45-75, 45-78, 45-79,45-81, 45-83; 1950, p. 156; 1954, c. 191; 1966, c. 594, § 45.1-21; 1976, c.598; 1978, cc. 222, 489; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577;1993, cc. 171, 442; 1994, c. 28; 1999, c. 256; 2007, cc. 894, 914; 2010, cc.809, 857.)
