State Codes and Statutes

Statutes > Virginia > Title-45-1 > Chapter-14-4-1 > 45-1-161-292-2

§ 45.1-161.292:2. Definitions.

As used in this chapter and in Chapters 14.5 (§ 45.1-161.293 et seq.) and14.6 (§ 45.1-161.304 et seq.) of this title and in regulations promulgatedunder such chapters, unless the context requires a different meaning:

"Abandoned area" means the inaccessible area of an underground mine that issealed or ventilated and in which further mining is not intended.

"Accident" means (i) a death of an individual at a mine; (ii) a seriouspersonal injury; (iii) an entrapment of an individual for more than thirtyminutes; (iv) an unplanned inundation of a mine by liquid or gas; (v) anunplanned ignition or explosion of gas or dust; (vi) an unplanned mine firenot extinguished within thirty minutes of discovery; (vii) an unplannedignition or explosion of a blasting agent or an explosive; (viii) anunplanned roof fall at or above the anchorage zone in active workings whereroof bolts are in use; or an unplanned roof or rib fall in active workingsthat impairs ventilation or impedes passage; (ix) a rock outburst that causeswithdrawal of miners or which disrupts regular mining activity for more thanone hour; (x) an unstable condition at an impoundment or refuse pile whichrequires emergency action in order to prevent failure, or which causesindividuals to evacuate an area; or, failure of an impoundment, or refusepile; (xi) damage to hoisting equipment in a shaft or slope which endangersan individual or which interferes with use of the equipment for more thanthirty minutes; and (xii) an event at a mine which causes death or bodilyinjury to an individual not at a mine at the time the event occurs.

"Active areas" means all places in a mine that are ventilated, ifunderground, and examined regularly.

"Active workings" means any place in a mine where miners are normallyrequired to work or travel.

"Agent" means any person charged by the operator with responsibility forthe operation of all or a part of a mine or the supervision of the miners ina mine.

"Approved" means a device, apparatus, equipment, condition, method, courseor practice approved in writing by the Director.

"Approved competent person" means a person designated by the Department ashaving the authority to function as a mine foreman even though the person hasless than five years' experience but more than two years' experience. If anapproved competent person has met all the criteria for a mine foremancertification other than the experience criteria, he may perform the dutiesof a mine foreman except the pre-shift examination.

"Armored cable" means a cable provided with a wrapping of metal, plastic orother approved material.

"Authorized person" means a person assigned by the operator or agent toperform a specific type of duty or duties or to be at a specific location orlocations in the mine who is task trained in accordance with requirements ofthe federal mine safety law.

"Blower fan" means a fan with tubing used to direct part of a particularcircuit of air to a working place.

"Booster fan" means an underground fan installed in conjunction with a mainfan to increase the volume of air in one or more circuits.

"Cable" means a stranded conductor (single-conductor cable) or acombination of conductors insulated from one another (multiple-conductorcable).

"Certified person" means a person holding a valid certificate from theBoard of Mineral Mining Examiners authorizing him to perform the task towhich he is assigned.

"Circuit" means a conducting part or a system of conducting parts throughwhich an electric current is intended to flow.

"Circuit breaker" means a device for interrupting a circuit betweenseparable contacts under normal or abnormal conditions.

"Competent person" means a person having abilities and experience thatfully qualify him to perform the duty to which he is assigned.

"Cross entry" means any entry or set of entries, turned from main entries,from which room entries are turned.

"Experienced surface miner" means a person with more than six months ofexperience working at a surface mine or the surface area of an undergroundmine.

"Experienced underground miner" means a person with more than six months ofunderground mining experience.

"Federal mine safety law" means the Federal Mine Safety and Health Act of1977 (P.L. 95-164), and regulations promulgated thereunder.

"Fuse" means an overcurrent protective device with a circuit-openingfusible member directly heated and destroyed by the passage of overcurrentthrough it.

"Ground" means a conducting connection between an electric circuit orequipment and earth or to some conducting body which serves in place of earth.

"Grounded" means connected to earth or to some connecting body which servesin place of the earth.

"Hazardous condition" means conditions that are likely to cause death orserious personal injury to persons exposed to such conditions.

"Imminent danger" means the existence of any condition or practice in amine which could reasonably be expected to cause death or serious personalinjury before such condition or practice can be abated.

"Inactive mine" means a mine (i) at which coal or minerals have not beenexcavated or processed, or work, other than examinations by a certifiedperson or emergency work to preserve the mine, has not been performed at anunderground mine for a period of thirty days, or at a surface mine for aperiod of sixty days, (ii) for which a valid license is in effect, and (iii)at which reclamation activities have not been completed.

"Independent contractor" means any person that contracts to performservices or construction at a mine.

"Intake air" means air that has not passed through the last active workingplace of the split or by the unsealed entrances to abandoned areas and byanalysis contains not less than nineteen and one-half percent oxygen nor morethan one-half of one percent of carbon dioxide, nor any hazardous quantitiesof flammable gas nor any harmful amounts of poisonous gas.

"Interested persons" means members of the Mine Safety Committee and otherduly authorized representatives of the employees at a mine; federal MineSafety and Health Administration employees; mine inspectors; and, to theextent required by this chapter and Chapters 14.5 (§ 45.1-161.293 et seq.)and 14.6 (§ 45.1-161.304 et seq.), any other person.

"Licensed operator" means the operator who has obtained the license for aparticular mine under § 45.1-161.292:30.

"Main entry" means the principal entry or set of entries driven through thecoal bed or mineral deposit from which cross entries, room entries, or roomsare turned.

"Mine" means any underground mineral mine or surface mineral mine. Minesthat are adjacent to each other and under the same management and which areadministered as distinct units shall be considered as separate mines. A siteshall not be a mine unless the mineral extracted or excavated therefrom isoffered for sale or exchange, or used for any other commercial purposes.

"Mine fire" means an unplanned fire not extinguished within thirty minutesof discovery.

"Mine foreman" means a person holding a valid certificate of qualificationas a foreman duly issued by action of the Board of Mineral Mining Examiners.

"Mine inspector" means a public employee assigned by the Director to makemine inspections as required by this chapter and Chapters 14.5 (§45.1-161.293 et seq.) and 14.6 (§ 45.1-161.304 et seq.), and other applicablelaws.

"Miner" means any individual working in a mineral mine.

"Mineral" means clay, stone, sand, gravel, metalliferous andnonmetalliferous ores, and any other solid material or substance ofcommercial value excavated in solid form from natural deposits on or in theearth, exclusive of coal and those minerals which occur naturally in liquidor gaseous form.

"Mineral mine" means a surface mineral mine or an underground mineral mine.

"Mineral Mine Safety Act" or "Act" shall mean this chapter and Chapters14.5 (§ 45.1-161.293 et seq.) and 14.6 (§ 45.1-161.304 et seq.) of thistitle, and shall include any regulations promulgated thereunder, whereapplicable.

"Operator" means any person who operates, controls or supervises a mine orany independent contractor performing services or construction at such mine.

"Panel entry" means a room entry.

"Permissible" means a device, process, or equipment or method heretofore orhereafter classified by such term by the Mine Safety and HealthAdministration, when such classification is adopted by the Director, andincludes, unless otherwise herein expressly stated, all requirements,restrictions, exceptions, limitations, and conditions attached to suchclassification by the Administration.

"Return air" means air that has passed through the last active workingplace on each split, or air that has passed through abandoned or worked-outareas. Area within a panel shall not be deemed abandoned until inaccessibleor sealed.

"Room entry" means any entry or set of entries from which rooms are turned.

"Serious personal injury" means any injury which has a reasonable potentialto cause death or any injury other than a sprain or strain which requires anadmission to a hospital for twenty-four hours or more for medical treatment.

"Substation" means an electrical installation containing generating orpower-conversion equipment and associated electric equipment and parts, suchas switchboards, switches, wiring, fuses, circuit breakers, compensators andtransformers.

"Surface mineral mine" means (i) the pit and other active and inactiveareas of surface extraction of minerals; (ii) on-site mills, shops, loadoutfacilities, and related structures appurtenant to the excavation andprocessing of minerals; (iii) impoundments, retention dams, tailing ponds,and other areas appurtenant to the extraction of minerals from the site; (iv)on-site surface areas for the transportation and storage of mineralsexcavated at the site; (v) equipment, machinery, tools and other propertyused in, or to be used in, the work of extracting minerals from the site;(vi) private ways and roads appurtenant to such area; and (vii) the areasused for surface-disturbing exploration (other than by drilling or seismictesting) or preparation of a site for surface mineral extraction activities.A site shall commence being a surface mineral mine upon the beginning of anysurface-disturbing exploration activities other than exploratory drilling orseismic testing, and shall cease to be a surface mineral mine upon completionof initial reclamation activities. The surface extraction of a mineral shallnot constitute surface mineral mining unless (i) the mineral is extracted forits unique or intrinsic characteristics, or (ii) the mineral requiresprocessing prior to its intended use.

"Travel way" means a passage, walk or way regularly used and designated forpersons to go from one place to another.

"Underground mineral mine" means (i) the working face and other active andinactive areas of underground excavation of minerals; (ii) underground travelways, shafts, slopes, drifts, inclines and tunnels connected to such areas;(iii) on-site mills, loadout areas, shops, and related facilities appurtenantto the excavation and processing of minerals; (iv) on-site surface areas forthe transportation and storage of minerals excavated at the site; (v)impoundments, retention dams, tailing ponds and waste areas appurtenant tothe excavation of minerals from the site; (vi) equipment, machinery, tools,and other property, on the surface or underground, used in, or to be used in,the excavation of minerals from the site; (vii) private ways and roadsappurtenant to such area; and (viii) the areas used to prepare a site forunderground mineral excavation activities. A site shall commence being anunderground mineral mine upon the beginning of any site preparation activityother than exploratory drilling or other exploration activity, and shallcease to be an underground mineral mine upon completion of initialreclamation activities.

"Work area," as used in Chapter 14.4 (§ 45.1-161.253 et seq.) of thistitle, means those areas of a mine in production or being prepared forproduction and those areas of the mine which may pose a danger to miners atsuch areas.

"Working face" means any place in a mine in which work of extractingminerals from their natural deposit in the earth is performed during themining cycle.

"Working place" means the area of an underground mine inby the last opencrosscut.

"Working section" means all areas from the loading point of a section toand including the working faces.

(1997, c. 390; 1998, c. 695.)

State Codes and Statutes

Statutes > Virginia > Title-45-1 > Chapter-14-4-1 > 45-1-161-292-2

§ 45.1-161.292:2. Definitions.

As used in this chapter and in Chapters 14.5 (§ 45.1-161.293 et seq.) and14.6 (§ 45.1-161.304 et seq.) of this title and in regulations promulgatedunder such chapters, unless the context requires a different meaning:

"Abandoned area" means the inaccessible area of an underground mine that issealed or ventilated and in which further mining is not intended.

"Accident" means (i) a death of an individual at a mine; (ii) a seriouspersonal injury; (iii) an entrapment of an individual for more than thirtyminutes; (iv) an unplanned inundation of a mine by liquid or gas; (v) anunplanned ignition or explosion of gas or dust; (vi) an unplanned mine firenot extinguished within thirty minutes of discovery; (vii) an unplannedignition or explosion of a blasting agent or an explosive; (viii) anunplanned roof fall at or above the anchorage zone in active workings whereroof bolts are in use; or an unplanned roof or rib fall in active workingsthat impairs ventilation or impedes passage; (ix) a rock outburst that causeswithdrawal of miners or which disrupts regular mining activity for more thanone hour; (x) an unstable condition at an impoundment or refuse pile whichrequires emergency action in order to prevent failure, or which causesindividuals to evacuate an area; or, failure of an impoundment, or refusepile; (xi) damage to hoisting equipment in a shaft or slope which endangersan individual or which interferes with use of the equipment for more thanthirty minutes; and (xii) an event at a mine which causes death or bodilyinjury to an individual not at a mine at the time the event occurs.

"Active areas" means all places in a mine that are ventilated, ifunderground, and examined regularly.

"Active workings" means any place in a mine where miners are normallyrequired to work or travel.

"Agent" means any person charged by the operator with responsibility forthe operation of all or a part of a mine or the supervision of the miners ina mine.

"Approved" means a device, apparatus, equipment, condition, method, courseor practice approved in writing by the Director.

"Approved competent person" means a person designated by the Department ashaving the authority to function as a mine foreman even though the person hasless than five years' experience but more than two years' experience. If anapproved competent person has met all the criteria for a mine foremancertification other than the experience criteria, he may perform the dutiesof a mine foreman except the pre-shift examination.

"Armored cable" means a cable provided with a wrapping of metal, plastic orother approved material.

"Authorized person" means a person assigned by the operator or agent toperform a specific type of duty or duties or to be at a specific location orlocations in the mine who is task trained in accordance with requirements ofthe federal mine safety law.

"Blower fan" means a fan with tubing used to direct part of a particularcircuit of air to a working place.

"Booster fan" means an underground fan installed in conjunction with a mainfan to increase the volume of air in one or more circuits.

"Cable" means a stranded conductor (single-conductor cable) or acombination of conductors insulated from one another (multiple-conductorcable).

"Certified person" means a person holding a valid certificate from theBoard of Mineral Mining Examiners authorizing him to perform the task towhich he is assigned.

"Circuit" means a conducting part or a system of conducting parts throughwhich an electric current is intended to flow.

"Circuit breaker" means a device for interrupting a circuit betweenseparable contacts under normal or abnormal conditions.

"Competent person" means a person having abilities and experience thatfully qualify him to perform the duty to which he is assigned.

"Cross entry" means any entry or set of entries, turned from main entries,from which room entries are turned.

"Experienced surface miner" means a person with more than six months ofexperience working at a surface mine or the surface area of an undergroundmine.

"Experienced underground miner" means a person with more than six months ofunderground mining experience.

"Federal mine safety law" means the Federal Mine Safety and Health Act of1977 (P.L. 95-164), and regulations promulgated thereunder.

"Fuse" means an overcurrent protective device with a circuit-openingfusible member directly heated and destroyed by the passage of overcurrentthrough it.

"Ground" means a conducting connection between an electric circuit orequipment and earth or to some conducting body which serves in place of earth.

"Grounded" means connected to earth or to some connecting body which servesin place of the earth.

"Hazardous condition" means conditions that are likely to cause death orserious personal injury to persons exposed to such conditions.

"Imminent danger" means the existence of any condition or practice in amine which could reasonably be expected to cause death or serious personalinjury before such condition or practice can be abated.

"Inactive mine" means a mine (i) at which coal or minerals have not beenexcavated or processed, or work, other than examinations by a certifiedperson or emergency work to preserve the mine, has not been performed at anunderground mine for a period of thirty days, or at a surface mine for aperiod of sixty days, (ii) for which a valid license is in effect, and (iii)at which reclamation activities have not been completed.

"Independent contractor" means any person that contracts to performservices or construction at a mine.

"Intake air" means air that has not passed through the last active workingplace of the split or by the unsealed entrances to abandoned areas and byanalysis contains not less than nineteen and one-half percent oxygen nor morethan one-half of one percent of carbon dioxide, nor any hazardous quantitiesof flammable gas nor any harmful amounts of poisonous gas.

"Interested persons" means members of the Mine Safety Committee and otherduly authorized representatives of the employees at a mine; federal MineSafety and Health Administration employees; mine inspectors; and, to theextent required by this chapter and Chapters 14.5 (§ 45.1-161.293 et seq.)and 14.6 (§ 45.1-161.304 et seq.), any other person.

"Licensed operator" means the operator who has obtained the license for aparticular mine under § 45.1-161.292:30.

"Main entry" means the principal entry or set of entries driven through thecoal bed or mineral deposit from which cross entries, room entries, or roomsare turned.

"Mine" means any underground mineral mine or surface mineral mine. Minesthat are adjacent to each other and under the same management and which areadministered as distinct units shall be considered as separate mines. A siteshall not be a mine unless the mineral extracted or excavated therefrom isoffered for sale or exchange, or used for any other commercial purposes.

"Mine fire" means an unplanned fire not extinguished within thirty minutesof discovery.

"Mine foreman" means a person holding a valid certificate of qualificationas a foreman duly issued by action of the Board of Mineral Mining Examiners.

"Mine inspector" means a public employee assigned by the Director to makemine inspections as required by this chapter and Chapters 14.5 (§45.1-161.293 et seq.) and 14.6 (§ 45.1-161.304 et seq.), and other applicablelaws.

"Miner" means any individual working in a mineral mine.

"Mineral" means clay, stone, sand, gravel, metalliferous andnonmetalliferous ores, and any other solid material or substance ofcommercial value excavated in solid form from natural deposits on or in theearth, exclusive of coal and those minerals which occur naturally in liquidor gaseous form.

"Mineral mine" means a surface mineral mine or an underground mineral mine.

"Mineral Mine Safety Act" or "Act" shall mean this chapter and Chapters14.5 (§ 45.1-161.293 et seq.) and 14.6 (§ 45.1-161.304 et seq.) of thistitle, and shall include any regulations promulgated thereunder, whereapplicable.

"Operator" means any person who operates, controls or supervises a mine orany independent contractor performing services or construction at such mine.

"Panel entry" means a room entry.

"Permissible" means a device, process, or equipment or method heretofore orhereafter classified by such term by the Mine Safety and HealthAdministration, when such classification is adopted by the Director, andincludes, unless otherwise herein expressly stated, all requirements,restrictions, exceptions, limitations, and conditions attached to suchclassification by the Administration.

"Return air" means air that has passed through the last active workingplace on each split, or air that has passed through abandoned or worked-outareas. Area within a panel shall not be deemed abandoned until inaccessibleor sealed.

"Room entry" means any entry or set of entries from which rooms are turned.

"Serious personal injury" means any injury which has a reasonable potentialto cause death or any injury other than a sprain or strain which requires anadmission to a hospital for twenty-four hours or more for medical treatment.

"Substation" means an electrical installation containing generating orpower-conversion equipment and associated electric equipment and parts, suchas switchboards, switches, wiring, fuses, circuit breakers, compensators andtransformers.

"Surface mineral mine" means (i) the pit and other active and inactiveareas of surface extraction of minerals; (ii) on-site mills, shops, loadoutfacilities, and related structures appurtenant to the excavation andprocessing of minerals; (iii) impoundments, retention dams, tailing ponds,and other areas appurtenant to the extraction of minerals from the site; (iv)on-site surface areas for the transportation and storage of mineralsexcavated at the site; (v) equipment, machinery, tools and other propertyused in, or to be used in, the work of extracting minerals from the site;(vi) private ways and roads appurtenant to such area; and (vii) the areasused for surface-disturbing exploration (other than by drilling or seismictesting) or preparation of a site for surface mineral extraction activities.A site shall commence being a surface mineral mine upon the beginning of anysurface-disturbing exploration activities other than exploratory drilling orseismic testing, and shall cease to be a surface mineral mine upon completionof initial reclamation activities. The surface extraction of a mineral shallnot constitute surface mineral mining unless (i) the mineral is extracted forits unique or intrinsic characteristics, or (ii) the mineral requiresprocessing prior to its intended use.

"Travel way" means a passage, walk or way regularly used and designated forpersons to go from one place to another.

"Underground mineral mine" means (i) the working face and other active andinactive areas of underground excavation of minerals; (ii) underground travelways, shafts, slopes, drifts, inclines and tunnels connected to such areas;(iii) on-site mills, loadout areas, shops, and related facilities appurtenantto the excavation and processing of minerals; (iv) on-site surface areas forthe transportation and storage of minerals excavated at the site; (v)impoundments, retention dams, tailing ponds and waste areas appurtenant tothe excavation of minerals from the site; (vi) equipment, machinery, tools,and other property, on the surface or underground, used in, or to be used in,the excavation of minerals from the site; (vii) private ways and roadsappurtenant to such area; and (viii) the areas used to prepare a site forunderground mineral excavation activities. A site shall commence being anunderground mineral mine upon the beginning of any site preparation activityother than exploratory drilling or other exploration activity, and shallcease to be an underground mineral mine upon completion of initialreclamation activities.

"Work area," as used in Chapter 14.4 (§ 45.1-161.253 et seq.) of thistitle, means those areas of a mine in production or being prepared forproduction and those areas of the mine which may pose a danger to miners atsuch areas.

"Working face" means any place in a mine in which work of extractingminerals from their natural deposit in the earth is performed during themining cycle.

"Working place" means the area of an underground mine inby the last opencrosscut.

"Working section" means all areas from the loading point of a section toand including the working faces.

(1997, c. 390; 1998, c. 695.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-45-1 > Chapter-14-4-1 > 45-1-161-292-2

§ 45.1-161.292:2. Definitions.

As used in this chapter and in Chapters 14.5 (§ 45.1-161.293 et seq.) and14.6 (§ 45.1-161.304 et seq.) of this title and in regulations promulgatedunder such chapters, unless the context requires a different meaning:

"Abandoned area" means the inaccessible area of an underground mine that issealed or ventilated and in which further mining is not intended.

"Accident" means (i) a death of an individual at a mine; (ii) a seriouspersonal injury; (iii) an entrapment of an individual for more than thirtyminutes; (iv) an unplanned inundation of a mine by liquid or gas; (v) anunplanned ignition or explosion of gas or dust; (vi) an unplanned mine firenot extinguished within thirty minutes of discovery; (vii) an unplannedignition or explosion of a blasting agent or an explosive; (viii) anunplanned roof fall at or above the anchorage zone in active workings whereroof bolts are in use; or an unplanned roof or rib fall in active workingsthat impairs ventilation or impedes passage; (ix) a rock outburst that causeswithdrawal of miners or which disrupts regular mining activity for more thanone hour; (x) an unstable condition at an impoundment or refuse pile whichrequires emergency action in order to prevent failure, or which causesindividuals to evacuate an area; or, failure of an impoundment, or refusepile; (xi) damage to hoisting equipment in a shaft or slope which endangersan individual or which interferes with use of the equipment for more thanthirty minutes; and (xii) an event at a mine which causes death or bodilyinjury to an individual not at a mine at the time the event occurs.

"Active areas" means all places in a mine that are ventilated, ifunderground, and examined regularly.

"Active workings" means any place in a mine where miners are normallyrequired to work or travel.

"Agent" means any person charged by the operator with responsibility forthe operation of all or a part of a mine or the supervision of the miners ina mine.

"Approved" means a device, apparatus, equipment, condition, method, courseor practice approved in writing by the Director.

"Approved competent person" means a person designated by the Department ashaving the authority to function as a mine foreman even though the person hasless than five years' experience but more than two years' experience. If anapproved competent person has met all the criteria for a mine foremancertification other than the experience criteria, he may perform the dutiesof a mine foreman except the pre-shift examination.

"Armored cable" means a cable provided with a wrapping of metal, plastic orother approved material.

"Authorized person" means a person assigned by the operator or agent toperform a specific type of duty or duties or to be at a specific location orlocations in the mine who is task trained in accordance with requirements ofthe federal mine safety law.

"Blower fan" means a fan with tubing used to direct part of a particularcircuit of air to a working place.

"Booster fan" means an underground fan installed in conjunction with a mainfan to increase the volume of air in one or more circuits.

"Cable" means a stranded conductor (single-conductor cable) or acombination of conductors insulated from one another (multiple-conductorcable).

"Certified person" means a person holding a valid certificate from theBoard of Mineral Mining Examiners authorizing him to perform the task towhich he is assigned.

"Circuit" means a conducting part or a system of conducting parts throughwhich an electric current is intended to flow.

"Circuit breaker" means a device for interrupting a circuit betweenseparable contacts under normal or abnormal conditions.

"Competent person" means a person having abilities and experience thatfully qualify him to perform the duty to which he is assigned.

"Cross entry" means any entry or set of entries, turned from main entries,from which room entries are turned.

"Experienced surface miner" means a person with more than six months ofexperience working at a surface mine or the surface area of an undergroundmine.

"Experienced underground miner" means a person with more than six months ofunderground mining experience.

"Federal mine safety law" means the Federal Mine Safety and Health Act of1977 (P.L. 95-164), and regulations promulgated thereunder.

"Fuse" means an overcurrent protective device with a circuit-openingfusible member directly heated and destroyed by the passage of overcurrentthrough it.

"Ground" means a conducting connection between an electric circuit orequipment and earth or to some conducting body which serves in place of earth.

"Grounded" means connected to earth or to some connecting body which servesin place of the earth.

"Hazardous condition" means conditions that are likely to cause death orserious personal injury to persons exposed to such conditions.

"Imminent danger" means the existence of any condition or practice in amine which could reasonably be expected to cause death or serious personalinjury before such condition or practice can be abated.

"Inactive mine" means a mine (i) at which coal or minerals have not beenexcavated or processed, or work, other than examinations by a certifiedperson or emergency work to preserve the mine, has not been performed at anunderground mine for a period of thirty days, or at a surface mine for aperiod of sixty days, (ii) for which a valid license is in effect, and (iii)at which reclamation activities have not been completed.

"Independent contractor" means any person that contracts to performservices or construction at a mine.

"Intake air" means air that has not passed through the last active workingplace of the split or by the unsealed entrances to abandoned areas and byanalysis contains not less than nineteen and one-half percent oxygen nor morethan one-half of one percent of carbon dioxide, nor any hazardous quantitiesof flammable gas nor any harmful amounts of poisonous gas.

"Interested persons" means members of the Mine Safety Committee and otherduly authorized representatives of the employees at a mine; federal MineSafety and Health Administration employees; mine inspectors; and, to theextent required by this chapter and Chapters 14.5 (§ 45.1-161.293 et seq.)and 14.6 (§ 45.1-161.304 et seq.), any other person.

"Licensed operator" means the operator who has obtained the license for aparticular mine under § 45.1-161.292:30.

"Main entry" means the principal entry or set of entries driven through thecoal bed or mineral deposit from which cross entries, room entries, or roomsare turned.

"Mine" means any underground mineral mine or surface mineral mine. Minesthat are adjacent to each other and under the same management and which areadministered as distinct units shall be considered as separate mines. A siteshall not be a mine unless the mineral extracted or excavated therefrom isoffered for sale or exchange, or used for any other commercial purposes.

"Mine fire" means an unplanned fire not extinguished within thirty minutesof discovery.

"Mine foreman" means a person holding a valid certificate of qualificationas a foreman duly issued by action of the Board of Mineral Mining Examiners.

"Mine inspector" means a public employee assigned by the Director to makemine inspections as required by this chapter and Chapters 14.5 (§45.1-161.293 et seq.) and 14.6 (§ 45.1-161.304 et seq.), and other applicablelaws.

"Miner" means any individual working in a mineral mine.

"Mineral" means clay, stone, sand, gravel, metalliferous andnonmetalliferous ores, and any other solid material or substance ofcommercial value excavated in solid form from natural deposits on or in theearth, exclusive of coal and those minerals which occur naturally in liquidor gaseous form.

"Mineral mine" means a surface mineral mine or an underground mineral mine.

"Mineral Mine Safety Act" or "Act" shall mean this chapter and Chapters14.5 (§ 45.1-161.293 et seq.) and 14.6 (§ 45.1-161.304 et seq.) of thistitle, and shall include any regulations promulgated thereunder, whereapplicable.

"Operator" means any person who operates, controls or supervises a mine orany independent contractor performing services or construction at such mine.

"Panel entry" means a room entry.

"Permissible" means a device, process, or equipment or method heretofore orhereafter classified by such term by the Mine Safety and HealthAdministration, when such classification is adopted by the Director, andincludes, unless otherwise herein expressly stated, all requirements,restrictions, exceptions, limitations, and conditions attached to suchclassification by the Administration.

"Return air" means air that has passed through the last active workingplace on each split, or air that has passed through abandoned or worked-outareas. Area within a panel shall not be deemed abandoned until inaccessibleor sealed.

"Room entry" means any entry or set of entries from which rooms are turned.

"Serious personal injury" means any injury which has a reasonable potentialto cause death or any injury other than a sprain or strain which requires anadmission to a hospital for twenty-four hours or more for medical treatment.

"Substation" means an electrical installation containing generating orpower-conversion equipment and associated electric equipment and parts, suchas switchboards, switches, wiring, fuses, circuit breakers, compensators andtransformers.

"Surface mineral mine" means (i) the pit and other active and inactiveareas of surface extraction of minerals; (ii) on-site mills, shops, loadoutfacilities, and related structures appurtenant to the excavation andprocessing of minerals; (iii) impoundments, retention dams, tailing ponds,and other areas appurtenant to the extraction of minerals from the site; (iv)on-site surface areas for the transportation and storage of mineralsexcavated at the site; (v) equipment, machinery, tools and other propertyused in, or to be used in, the work of extracting minerals from the site;(vi) private ways and roads appurtenant to such area; and (vii) the areasused for surface-disturbing exploration (other than by drilling or seismictesting) or preparation of a site for surface mineral extraction activities.A site shall commence being a surface mineral mine upon the beginning of anysurface-disturbing exploration activities other than exploratory drilling orseismic testing, and shall cease to be a surface mineral mine upon completionof initial reclamation activities. The surface extraction of a mineral shallnot constitute surface mineral mining unless (i) the mineral is extracted forits unique or intrinsic characteristics, or (ii) the mineral requiresprocessing prior to its intended use.

"Travel way" means a passage, walk or way regularly used and designated forpersons to go from one place to another.

"Underground mineral mine" means (i) the working face and other active andinactive areas of underground excavation of minerals; (ii) underground travelways, shafts, slopes, drifts, inclines and tunnels connected to such areas;(iii) on-site mills, loadout areas, shops, and related facilities appurtenantto the excavation and processing of minerals; (iv) on-site surface areas forthe transportation and storage of minerals excavated at the site; (v)impoundments, retention dams, tailing ponds and waste areas appurtenant tothe excavation of minerals from the site; (vi) equipment, machinery, tools,and other property, on the surface or underground, used in, or to be used in,the excavation of minerals from the site; (vii) private ways and roadsappurtenant to such area; and (viii) the areas used to prepare a site forunderground mineral excavation activities. A site shall commence being anunderground mineral mine upon the beginning of any site preparation activityother than exploratory drilling or other exploration activity, and shallcease to be an underground mineral mine upon completion of initialreclamation activities.

"Work area," as used in Chapter 14.4 (§ 45.1-161.253 et seq.) of thistitle, means those areas of a mine in production or being prepared forproduction and those areas of the mine which may pose a danger to miners atsuch areas.

"Working face" means any place in a mine in which work of extractingminerals from their natural deposit in the earth is performed during themining cycle.

"Working place" means the area of an underground mine inby the last opencrosscut.

"Working section" means all areas from the loading point of a section toand including the working faces.

(1997, c. 390; 1998, c. 695.)