Virginia Code Title 45.2. Mines, Minerals, and Energy § 45.2-741. Hoisting engineers

A. If miners are transported into or out of an underground area of a mine by a hoist or on a surface incline, a certified hoisting engineer shall be either on duty continuously or available within a reasonable time, as determined by the Chief, to provide immediate transportation while any person is underground.

B. When any miner is being hoisted or lowered in a shaft or on a slope or surface incline, the loading and unloading of any miner and the movement of the cage, car, or trip shall be under the direction of an authorized person.

C. Subsections A and B shall not apply to automatically operated elevators that can be safely operated by any miner; however, a person qualified as an automatic elevator operator shall be available at any such elevator within a reasonable time, as determined by the Chief.

D. An operator or agent of such operator of any mine worked by shaft, slope, or surface incline shall place a competent and sober hoisting engineer in charge of any engine or drum used for lowering or hoisting miners. No hoisting engineer in charge of such machinery shall allow any person, except a person who is designated for such purpose by the operator or his agent, to interfere with any part of the machinery. No person shall interfere with or intimidate a hoisting engineer or automatic elevator operator who is engaged in the discharge of his duties.