Section 40. Approval and waivers

A. ATRS systems and all other methods of temporarily supporting the roof shall be approved on an individual mine basis by the Chief or his authorized representative and shall become part of the approved roof control plan. Such approval of the ATRS system is not necessary if it has already been approved for the machine for which it was designed and meets the requirements in 4VAC25-60-70.

B. Before an ATRS system is used underground, the operator shall obtain approval from the Chief or his authorized representative. Approval shall be in a form prescribed by the Chief and where conditions warrant shall address the need for and availability of ATRS mounted deflector pads or equivalent protective devices which promote safety for drill operators by reducing exposure to rock falling inby and deflecting back under the installed ATRS. Any ATRS system that has been approved prior to the effective date of this chapter shall also be deemed approved by the Chief or his authorized representative, provided such an ATRS system meets the minimum requirements set forth in this chapter.

C. The Chief may grant a waiver for an ATRS system where it has been proposed and proven effective by the operator and the Chief has determined that:

1. The use of an ATRS system would create a condition which will cause a greater hazard than the method presently being employed or proposed by the operator for temporarily supporting the roof; or

2. Where the technology of an ATRS system does not exist to allow compliance with the requirements set forth in this chapter.

In granting a waiver the Chief may approve the use of alternative methods of temporary roof support.

Historical Notes

Derived from VR480-05-3, Part III, eff. December 11, 1985; amended, Volume 15, Issue 22, eff. August 18, 1999.

Statutory Authority

§§ 45.1-161.3, 45.1-161.106 and 45.1-161.114 of the Code of Virginia.