Virginia § 45.2-1138 Team members considered employees of the mine where emergency exists; compensation; workers' compensation

Virginia Statutes

§ 45.2-1138 — Team members considered employees of the mine where emergency exists; compensation; workers' compensation

Virginia § 45.2-1138

JurisdictionVirginia

Title 45.2Mines, Minerals, and Energy

Subtitle IIIMineral Mines

Ch. 11Mineral Mine Safety Act

Art. 5Mine Rescue Teams

Part AMineral Mines Generally

This text of Virginia § 45.2-1138 (Team members considered employees of the mine where emergency exists; compensation; workers' compensation) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 45.2-1138 (2026).

Text

When engaged in rescue or recovery work during an emergency at a mine, all team members assigned to the work shall be considered, during the period of their work, employees of the mine where the emergency exists and shall be compensated by the licensed operator at the rate established in the area for such work. In no event shall such rate be less than the prevailing wage rate in the industry for the most skilled class of inside mine labor. During the period of their emergency employment, all team members shall be deemed to be within the employment of the licensed operator of the mine for the purpose of workers' compensation coverage.

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When engaged in rescue or recovery work during an emergency at a mine, all team members assigned to the work shall be considered, during the period of their work, employees of the mine where the emergency exists and shall be compensated by the licensed operator at the rate established in the area for such work. In no event shall such rate be less than the prevailing wage rate in the industry for the most skilled class of inside mine labor. During the period of their emergency employment, all team members shall be deemed to be within the employment of the licensed operator of the mine for the purpose of workers' compensation coverage.