{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/45.2-704.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/45.2-704.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/45.2-704.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/45.2-704.html"}],"law_id":364399,"edition_id":2,"section_id":364399,"structure_id":52019,"section_number":"45.2-704","catch_line":" Employment and duties of top persons; plan for excavation of shaft or slope","history":"1980, c. 442, \u00a7 45.1-20.1; 1994, c. 28, \u00a7 45.1-161.250; 2011, cc. 826, 862; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nDuring the construction or modification of any shaft or slope mine, the person engaged in the actual construction or modification of such mine shall employ one or more top persons certified pursuant to § 45.2-534. It is the duty of such top person to examine for proper and safe practices and materials used during the construction or modification of a shaft or slope mine. Such duties shall at all times be performed in the immediate vicinity of the shaft or slope under construction.\n\nB\n\nPrior to commencing the excavation of any shaft or slope, the operator shall submit to the Department a copy of the plan that includes the following: (i) the name and location of the mine and shaft or slope; (ii) a description of the work and methods to be used in the construction of the shaft or slope; (iii) a description of the methods to be used to ensure wall and roof stability; (iv) a description of the system of ventilation to be used, including procedures for evacuation of the shaft or slope if a fan stoppage occurs; (v) details of hoisting equipment to be used; and (vi) such other information as the Chief requires. The excavation of such shaft or slope shall not begin until the plan is approved by the Chief.\n\n","order_by":null,"text":{"0":{"id":1357577,"text":"During the construction or modification of any shaft or slope mine, the person engaged in the actual construction or modification of such mine shall employ one or more top persons certified pursuant to § 45.2-534. It is the duty of such top person to examine for proper and safe practices and materials used during the construction or modification of a shaft or slope mine. Such duties shall at all times be performed in the immediate vicinity of the shaft or slope under construction.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1357578,"text":"Prior to commencing the excavation of any shaft or slope, the operator shall submit to the Department a copy of the plan that includes the following: (i) the name and location of the mine and shaft or slope; (ii) a description of the work and methods to be used in the construction of the shaft or slope; (iii) a description of the methods to be used to ensure wall and roof stability; (iv) a description of the system of ventilation to be used, including procedures for evacuation of the shaft or slope if a fan stoppage occurs; (v) details of hoisting equipment to be used; and (vi) such other information as the Chief requires. The excavation of such shaft or slope shall not begin until the plan is approved by the Chief.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":52019,"edition_id":2,"name":"Additional Duties of Certified Persons and Other Miners","identifier":"2","label":"article","depth":5,"order_by":2,"parent_id":52017,"metadata":{"child_laws":4,"child_structures":0},"date_created":"2026-08-02 02:52:10","date_modified":"2026-08-02 12:33:44","permalink":{"id":1450115,"object_type":"structure","relational_id":52019,"identifier":"2","token":"45.2\/II\/B\/7\/2","url":"\/45.2\/II\/B\/7\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52017,"edition_id":2,"name":"Requirements Applicable to Underground Coal Mines; Mine Construction","identifier":"7","label":"chapter","depth":4,"order_by":1,"parent_id":52016,"metadata":{"child_laws":77,"child_structures":9},"date_created":"2026-08-02 02:52:10","date_modified":"2026-08-02 12:33:42","permalink":{"id":1450099,"object_type":"structure","relational_id":52017,"identifier":"7","token":"45.2\/II\/B\/7","url":"\/45.2\/II\/B\/7\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52016,"edition_id":2,"name":"Underground Coal Mines","identifier":"B","label":"part","depth":3,"order_by":2,"parent_id":51931,"metadata":{"child_laws":141,"child_structures":17},"date_created":"2026-08-02 02:52:10","date_modified":"2026-08-02 12:33:40","permalink":{"id":1450097,"object_type":"structure","relational_id":52016,"identifier":"B","token":"45.2\/II\/B","url":"\/45.2\/II\/B\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51931,"edition_id":2,"name":"Coal Mining","identifier":"II","label":"subtitle","depth":2,"order_by":2,"parent_id":51927,"metadata":{"child_laws":337,"child_structures":56},"date_created":"2026-08-02 02:51:17","date_modified":"2026-08-02 12:33:33","permalink":{"id":1449649,"object_type":"structure","relational_id":51931,"identifier":"II","token":"45.2\/II","url":"\/45.2\/II\/","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":364398,"structure_id":52019,"section_number":"45.2-703","catch_line":" Duties of mine foreman","url":"\/45.2-703\/","token":"45.2\/II\/B\/7\/2\/45.2-703","metadata":false},{"id":364399,"structure_id":52019,"section_number":"45.2-704","catch_line":" Employment and duties of top persons; plan for excavation of shaft or slope","url":"\/45.2-704\/","token":"45.2\/II\/B\/7\/2\/45.2-704","metadata":false},{"id":364400,"structure_id":52019,"section_number":"45.2-705","catch_line":" Employment of inexperienced underground miners","url":"\/45.2-705\/","token":"45.2\/II\/B\/7\/2\/45.2-705","metadata":false},{"id":364401,"structure_id":52019,"section_number":"45.2-706","catch_line":" Employment of authorized persons","url":"\/45.2-706\/","token":"45.2\/II\/B\/7\/2\/45.2-706","metadata":false}],"previous_section":{"id":364398,"structure_id":52019,"section_number":"45.2-703","catch_line":" Duties of mine foreman","url":"\/45.2-703\/","token":"45.2\/II\/B\/7\/2\/45.2-703","metadata":false},"next_section":{"id":364400,"structure_id":52019,"section_number":"45.2-705","catch_line":" Employment of inexperienced underground miners","url":"\/45.2-705\/","token":"45.2\/II\/B\/7\/2\/45.2-705","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-704\/","history_text":"

This law was first created in 1980. The record of its establishment is cataloged in chapter 442 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. Unfortunately, the 1980 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. 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. Those modifications are as follows: in 1994, chapter 28<\/a>; in 2011, chapters 826<\/a> and 862<\/a>.<\/p>","references":[{"id":364417,"section_number":"45.2-722","catch_line":" Blasting practices; penalty","order_by":null,"url":"\/45.2-722\/"}],"refers_to":[{"id":364326,"section_number":"45.2-534","catch_line":" Top person certification","order_by":null,"url":"\/45.2-534\/"}],"permalink":{"id":1450121,"object_type":"law","relational_id":364399,"identifier":"45.2-704","token":"45.2\/II\/B\/7\/2\/45.2-704","url":"\/45.2-704\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/45.2-704\/","token":"45.2\/II\/B\/7\/2\/45.2-704","dublin_core":{"Title":" Employment and duties of top persons; plan for excavation of shaft or slope","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-704","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> During the construction or modification of any shaft or slope mine, the person engaged in the actual construction or modification of such mine shall employ one or more top persons certified pursuant to § 45.2-534<\/a>. It is the duty of such top person to examine for proper and safe practices and materials<\/span> used during the construction or modification of a shaft or slope mine. Such duties shall at all times be performed in the immediate vicinity of the shaft or slope under construction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to commencing the excavation of any shaft or slope, the operator shall submit to the Department<\/span> a copy of the plan that includes the following: (i) the name and location of the mine and shaft or slope; (ii) a description of the work and methods to be used in the construction of the shaft or slope; (iii) a description of the methods to be used to ensure wall and roof stability; (iv) a description of the system of ventilation to be used, including procedures for evacuation of the shaft or slope if a fan stoppage occurs; (v) details of hoisting equipment to be used; and (vi) such other information as the Chief<\/span> requires. The excavation of such shaft or slope shall not begin until the plan is approved by the Chief<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n EMPLOYMENT AND DUTIES OF TOP PERSONS; PLAN FOR EXCAVATION OF SHAFT OR SLOPE (\u00a7\n45.2-704)\n\nA. During the construction or modification of any shaft or slope mine, the\nperson engaged in the actual construction or modification of such mine shall\nemploy one or more top persons certified pursuant to § 45.2-534. It is the\nduty of such top person to examine for proper and safe practices and materials\nused during the construction or modification of a shaft or slope mine. Such\nduties shall at all times be performed in the immediate vicinity of the shaft or\nslope under construction.\n\nB. Prior to commencing the excavation of any shaft or slope, the operator shall\nsubmit to the Department a copy of the plan that includes the following: (i) the\nname and location of the mine and shaft or slope; (ii) a description of the work\nand methods to be used in the construction of the shaft or slope; (iii) a\ndescription of the methods to be used to ensure wall and roof stability; (iv) a\ndescription of the system of ventilation to be used, including procedures for\nevacuation of the shaft or slope if a fan stoppage occurs; (v) details of\nhoisting equipment to be used; and (vi) such other information as the Chief\nrequires. The excavation of such shaft or slope shall not begin until the plan\nis approved by the Chief.\n\nHISTORY: 1980, c. 442, \u00a7 45.1-20.1; 1994, c. 28, \u00a7 45.1-161.250; 2011, cc.\n826, 862; 2021, Sp. Sess. I, c. 387.","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"}}