TITLE 4. CONSERVATION AND NATURAL RESOURCES
REGISTRAR'S NOTICE: The
following regulatory action is exempt from Article 2 of the Administrative
Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia,
which excludes regulations that are necessary to conform to changes in Virginia
statutory law or the appropriation act where no agency discretion is involved.
The Department of Mines, Minerals and Energy will receive, consider, and
respond to petitions by any interested person at any time with respect to
reconsideration or revision.
Title of Regulation: 4VAC25-40. Safety and Health
Regulations for Mineral Mining (adding 4VAC25-40-115, 4VAC25-40-116).
Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and
45.1-161.305 of the Code of Virginia.
Effective Date: November 12, 2020.
Agency Contact: Michael Skiffington, Regulatory
Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th
Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237,
TTY (800) 828-1120, or email mike.skiffington@dmme.virginia.gov.
Summary:
Pursuant to Chapter 804 of the 2020 Acts of Assembly, the
amendments conform regulations to the federal Fair Labor Standards Act (29 USC
§ 212) and federal regulations by allowing that persons between 16 and 18 years
of age may work around a mine, while persons younger than 18 may not work in a
mine.
4VAC25-40-115. Persons younger than 18 years of age working
in a mine.
Operators shall ensure no person younger than 18 years of
age works in any mine.
4VAC25-40-116. Persons younger than 18 years of age working
around a mine.
Operators shall comply with 29 CFR 570.60 regarding
persons between 16 and 18 years of age working around any mine.
VA.R. Doc. No. R21-6511; Filed September 14, 2020, 10:27 a.m.