The Project Gutenberg EBook of Mining Laws of Ohio, 1921, by Anonymous
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Title: Mining Laws of Ohio, 1921
Author: Anonymous
Editor: The Department of Industrial Relations
Release Date: January 3, 2006 [EBook #17449]
Language: English
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* * * * *
Mining Laws of Ohio
1921
COMPILED BY
THE DEPARTMENT OF INDUSTRIAL RELATIONS
Columbus, Ohio
THE F.J. HEER PRINTING CO.
1921
Bound at the State Bindery
=FOREWORD.=
=The Department of Industrial Relations.=
The act of the Eighty-fourth General Assembly, known as House Bill
two hundred forty-nine, found in 109 Ohio Laws at page 105, became
effective on July 1, 1921.
This law provides for the reorganization of the executive department
of the state government and is an administrative code centralizing
related executive functions and activities for better administrative
care and control.
All duties, rights, liabilities, authority and privileges relating
to MINES and MINING, formerly had and exercised under the law by THE
INDUSTRIAL COMMISSION OF OHIO, was, by the above mentioned law,
conferred upon and imposed in THE DEPARTMENT OF INDUSTRIAL RELATIONS
to be administered by the Director of Industrial Relations.
This pamphlet contains all the provisions of the General Code of
Ohio directly relating to MINES and MINING, their operation, control
and management, put into convenient form for the information and
guidance of employers, employes and the general public, for whose
benefit and observance they have been enacted.
In any section of the law herein given where the phrase "Industrial
Commission" or "The Industrial Commission of Ohio," or "Chief
Inspector of Mines" is found, the phrase "The Department of
Industrial Relations" is to be read, because such department has, by
the law first above mentioned, been given the powers and duties
before had by such commission.
All the statutes printed in this pamphlet are in full force and
effect.
The Department of Industrial Relations,
WILLIAM ROBINETT,
_Chief, Division of Mines_.
=NOTICE.=
Where there is more than one section relating to the same subject
matter, the additional section references have been placed at the
end of these sections in parenthesis.
Persons are also requested to consult the Table of Contents as well
as the Classified Index which is given in minute detail.
Also read carefully the _Penalties_ which are provided in Section
976 for violation of all laws commencing with duty of County Coroner
in Section 921, and ending with Section 975, with the exception of
Sections 968, 969 and 972, for which no penalties are provided.
TABLE OF CONTENTS.
SECTIONS.
Relating to chief and district inspectors 899-920
Relating to county recorder and
county coroner 921
Relating to owner, lessee or agent 922-950
Relating to superintendent, mine-foreman
and over-seer 951-954
Relating to stableman and fire-boss 955
Relating to employes generally 956-963
Relating to persons not employes 964
General provisions 965-972
Relating to oil and gas well
through coal measures 973
Relating to illuminating oil for
mines 974-975
Relating to penalties 976
Relating to fines collected, prosecutions,
when act takes effect,
and repeals 977-978
Regulating and prohibiting solid
shooting 976-1-2
Regulation of weighing of coal 978-1-7
Relating to employment of
minors 13001-13002
Relating to Department of Industrial
Relations 154-1-6-45
RELATING TO CHIEF INSPECTOR OF MINES AND DISTRICT INSPECTORS OF
MINES.
Mining Laws of Ohio
Sec. 898. Repealed. (Appointment of chief.)
Sec. 899. [=Qualifications of chief inspector of mines.=] No person
shall be appointed chief inspector of mines unless he has a
competent knowledge, insofar as such sciences relate to mining, of
chemistry, the mineralogy and geology of this state, a practical
knowledge of the different systems of working and ventilating mines,
the nature and properties of the noxious and poisonous gases in
mines, particularly fire-damp, the best means of preventing the
accumulation of such gases, and the best means of removing the same.
He shall also have had at least five years actual practical
experience in mining in this state, shall have a knowledge of mine
engineering, and shall have a practical knowledge of the uses and
dangers of electricity as applied at, in, and around mines.
Sec. 900. The Industrial Commission of Ohio shall appoint, with the
approval of the governor, and upon recommendation of the chief
deputy of the division of mines and mining, five district inspectors
of mines in addition to those now in such service, making in all the
number of district inspectors of mines seventeen.
Sec. 901. [=Qualifications of district inspectors of mines.=] No
person shall be appointed district inspector of mines unless he has
been a resident of the district for which he is appointed, for at
least two years, has had at least five years' actual practical
experience in mining in this state, has a practical knowledge of the
best methods of working and ventilating mines, of the nature and
properties of noxious and poisonous gases, particularly fire-damp,
of the best means of detecting the presence of and preventing
accumulation of such gases and the best means of removing the same,
and has a practical knowledge of the uses and dangers of electricity
as applied at, in and around mines.
Sec. 902. Repealed. (Devoting entire time to duties.)
Sec. 903. Repealed. (Bond.)
Sec. 904. [=Offices of inspectors.=] The chief inspector of mines
shall have an office at the seat of government, in which he shall
keep the maps and plans of all mines in the state, and all records,
correspondence, papers, apparatus, and other property belonging to
the state, pertaining to his office, in accessible and convenient
form for reference by persons entitled to examine them, all of which
he shall deliver to his successor in office. The persons entitled to
examine maps, plans, records and papers of a mine, shall be the
owner, lessee or agent of such mine; the persons financially
interested in such mine; the owner, or owners, of land adjoining
such mine; the owner, or owners, of land adjacent to such mine; the
owner, lessee or agent of a mine adjacent to such mine; and the
authorized representatives of the employes of such mine. The chief
inspector of mines shall not permit such maps, plans, records and
papers to be removed from his office, and shall not furnish copies
thereof to any persons, except by request of the owner, lessee or
agent of the mine to which such maps, plans, records and papers
pertain. Each district inspector shall keep his office in such place
in his district as is central and convenient.
Sec. 905. Repealed. H.B. 249--Sec. 3, 109 O.L.; 105. (Salaries and
expenses of inspectors.)
Sec. 906. [=Duties of chief inspector.=] The chief inspector of
mines shall designate the counties, or portions thereof, which shall
compose the different districts, and may change such districts
whenever in his judgment the best interests of the service so
require. He shall issue such instructions, and make such rules and
regulations for the government of the district inspectors of mines
consistent with the powers and duties vested in them by law, as will
secure uniformity of action and proceedings throughout all the
districts. The chief inspector of mines may order one district
inspector of mines to the assistance of any other, or may make
temporary transfers of district inspectors of mines, when, in his
judgment, the efficiency of the service demands or permits, and with
the consent of the governor, may remove any district inspector of
mines for reasonable cause. The chief inspector of mines shall give
such personal assistance to the district inspectors of mines as they
may need, and make such personal inspection of the mines as he deems
necessary and his other duties permit. He shall keep in his office
and carefully preserve all maps, surveys, reports and other papers,
required by law to be filed with him, and arrange and preserve them
as a permanent record of ready, convenient and connected reference.
He shall, upon receipt of a report of the district inspector of
mines, or of a committee of miners, covering the conditions of a
mine, promptly mail a copy thereof to the general office of the
owner, lessee or agent of such mine. (Sec. 967.)
Sec. 907. [=Duty in case of fatal accident.=] Upon receiving notice
from the owner, lessee or agent that a fatal accident has occurred
at a mine, the chief inspector of mines shall go, or order one of
the district inspectors of mines to go, at once to the mine at which
such accident occurred, inquire into its cause, and make a written
report setting forth fully the condition of that part of the mine
wherein the accident occurred, and the cause thereof. Such report
shall be filed by the chief inspector of mines in his office, and a
copy mailed to the general office of the owner, lessee or agent of
such mine. (Sec. 921, 934, 940, 951.)
Sec. 908. Repealed. (Annual Report.)
Sec. 909. [=Duties of district inspectors of mines.=] Each district
inspector of mines shall examine each mine in his district, in which
men are employed, as often as practicable, and mines employing more
than ten persons, at intervals not exceeding three months between
examinations, noting particularly the condition of the boilers and
machinery, the location and condition of the buildings, the
condition of the workings of the mine, the condition of the
traveling and haulways, the circulation and condition of the air and
drainage, and shall see that the provisions of this act are complied
with. Upon the completion of the examination of a mine, he shall
within a reasonable time thereafter, report in writing to the chief
inspector of mines, the conditions of the mine, showing the extent
to which the provisions of this act are complied with or violated.
(Sec. 913.)
Sec. 910. [=District inspectors as sealers of weights and
measures.=] The district inspectors of mines are hereby vested with
all the powers and authority of county auditors as sealers of
weights and measures in the different counties of this state, but
shall exercise such authority in connection with weights and
measures at mines, only. Each district inspector of mines may upon
his regular examination of a mine, and shall, upon the written
request of the duly authorized representatives of the miners, the
owner, lessee, or agent, or the interested land owner, test the
accuracy of the scales at any time, and post in the weight house a
certificate provided by the chief inspector of mines, certifying the
condition of the scales, provided that such tests be made at a
reasonable time without unnecessary inference with the use of such
scales. (Sec. 941.)
[=Duty of district inspectors in case of controversy.=] In case of a
controversy or disagreement between the district inspector of mines,
and the owner, lessee or agent of a mine, or persons working
therein, or in case of emergency requiring counsel, the district
inspector of mines may call upon the chief inspector of mines for
such assistance and counsel as is necessary.
Sec. 911. [=Inspectors shall exercise discretion.=] Each inspector
shall exercise discretion in the enforcement of the provisions of
this act. If he finds that any matter, thing or practice, connected
with any mine, and not prohibited by law, is dangerous or defective,
(or that from a rigid enforcement of any of the express provisions
of this act, such matter, thing or practice would become dangerous
or defective), so as in his opinion to tend to the bodily injury of
any person, such inspector shall give notice in writing to the
owner, lessee, or agent of the mine, of the particulars in which
such mine or any matter, thing, or practice connected therewith is
dangerous or defective, and require it to be remedied by making such
changes as the conditions may require. Provided, however, that in
the exercise of the foregoing provisions relating to the application
of electricity or electric wires, the judgment of the chief
inspector of mines and the district inspector of mines, jointly
shall be required. (Sec. 947-948.)
Sec. 912. [=Inspectors shall have access to mines.=] For the purpose
of making the examinations provided for in this act, the chief
inspector of mines, and each district inspector of mines, may enter
any mine at reasonable times, by day or night, but in such manner as
will not unnecessarily impede the working of the mine, and the
owner, lessee or agent thereof shall furnish the means necessary for
such entry and examination.
[=Examination of record of minors employed.=] The district inspector
of mines shall examine the record kept by the mine foreman, of boys
under sixteen years of age employed in each mine, and report to the
chief inspector of mines, the number of such person employed in and
about each mine, and enforce the provisions of this act relative to
their employment. (Sec. 944-953.)
"The provisions of Section 912, 944 and 953 G.C. do not
permit the employment of children under 16 years of age in,
about or in connection with any mine. Such employment is
governed by the provisions of Section 13002 G.C."
Opinion No. 885 office of the Attorney General, State of
Ohio, December 21, 1917.
Sec. 913. [=Report of district inspector to chief inspector.=] On or
before each Monday, each district inspector of mines shall make and
file in the office of the chief inspector of mines, a record showing
the number of mines in the district examined by him during the
preceding week, the number of persons employed in and about such
mines, the date of each examination, condition of each mine
examined, whether the laws relating to mines and mining are being
observed or violated, and, if violated, the nature and extent of
such violations, progress made in safeguarding the lives and
protecting the health of the employes in and about the mines,
together with such other facts of public interest concerning the
condition of mines and the development and progress in mining, as he
deems proper. (Sec. 909.)
Sec. 914. [=Duties of chief inspector and oil and gas well
inspector.=] The chief deputy inspector of mines and the oil and gas
well inspector shall designate the townships in the various coal
producing counties of Ohio, which shall be considered coal bearing
or coal producing townships, to be included under the regulations as
prescribed in section 973 relating to the mapping, drilling and
abandonment of oil, gas or test wells. The chief deputy inspector of
mines shall allow all matter pertaining to the mapping and drilling
of oil and gas wells to be under the direct supervision of the oil
and gas well inspector, except when wells are to be drilled, or have
been drilled directly adjacent to some mining operation, or in case
any arrangement for the drilling of an oil or gas well must
necessarily be made in mutual understanding and consideration with
some mining operation, or whenever the proper protection of the coal
deposits is in question.
The oil and gas well inspector shall supervise the granting of
permits to drill or abandon a well, the filing and reprinting of
maps of oil, gas or test wells, and see that all the provisions
relating to the mapping, drilling, and abandonment of such wells are
strictly complied with. In any case where the plugging method as
outlined in section 973 cannot be applied, or if applied, would be
found ineffective in carrying out the intended protection, which the
law is meant to give, the oil and gas well inspector may designate
the method of plugging to be used, in all such cases causing the
abandonment report to show the manner in which the work was done.
The oil and gas well inspector shall designate the counties or
townships thereof which shall compose the different districts of the
respective deputy oil and gas well inspectors, or change such
districts whenever in his judgment the best interests of the service
so demands. He shall issue instructions and regulations for the
government of the deputy inspectors as will be consistent with the
powers and duties vested in them by law, and secure the proper
protection which the law intended. The oil and gas well inspector
shall give such personal assistance to the deputy inspectors as they
may need and make such personal inspection as he deems necessary
throughout all the districts, at any time.
Each deputy oil and gas well inspector shall carry out the
instructions of the oil and gas well inspector with reference to the
enforcement of the regulations provided in section 973, or other
regulations that are deemed necessary to insure the protection which
this section intends. Any person, firm or corporation dissatisfied
with the ruling of the chief deputy inspector of mines, or the oil
and gas well inspector under the provisions of this section shall
have the right of appeal to the Industrial Commission of Ohio within
ten days from the date of such ruling.
=Chief Inspector of Mines Shall Provide and Maintain Rescue
Apparatus.=
Sec. 915. The chief inspector of mines shall provide and maintain,
at the expense of the state, one rescue car fully equipped with not
less than twelve approved oxygen breathing devices complete, one
recharging equipment for recharging oxygen cylinders, twelve extra
oxygen cylinders, two resuscitating outfits complete, forty approved
safety lamps, one naphtha tank, twenty portable electric lamps
complete, with storage batteries, and all necessary instruments and
chemical tests, together with all necessary supplies and appliances
therefor. The rescue car with its equipment, shall be stationed at
such point as may be designated by the chief inspector of mines, and
may be transferred, by his direction, at any time to any point
within the state for the purpose of facilitating the efficient
inspection of mines and conducting rescue work, and to demonstrate
the various appliances and instruct persons in their use in first
aid and rescue work.
The rescue car with its equipment shall be continuously in charge of
one person who shall be appointed by the chief inspector of mines,
with the approval of the governor, and who shall receive a salary of
twelve hundred dollars per annum, together with all necessary
expenses incurred in the discharge of his duties.
The person in charge of said rescue car shall, before entering upon
the discharge of the duties connected therewith, give a bond to the
state in the sum of two thousand dollars with two or more sureties
approved by the governor conditioned for the faithful discharge of
the duties of his office. Such bond with the approval of the
governor and the oath of office endorsed thereon shall be deposited
with the secretary of state and kept in his office.
(103 O.L. 467.)
=Five Rescue Stations to be Provided and Maintained; Equipment of
Same.=
Sec. 915-1. The industrial commission of Ohio shall provide and
maintain at the expense of the state, five rescue stations, each
station to be equipped with not less than five approved breathing
devices complete, one recharging or refilling pump for recharging
oxygen cylinders, five extra oxygen cylinders, one resuscitating
outfit, five approved mine safety lamps, five approved electric mine
safety lamps complete, one lamp testing cabinet, not less than one
thousand feet of three inch hose with standard connection and
nozzles complete, one anemometer, one first aid cabinet and
supplies, six stretchers with woolen blankets for each, and one
automobile truck of sufficient capacity to transport equipment from
station to any mine located within the district in which the rescue
station is located.
=Location of Stations; Superintendent; Salary.=
Such rescue stations shall be centrally located within the coal
producing counties, so as to cover the largest number of mines
within the shortest period of time, and each rescue station shall be
continually in charge of a superintendent who shall be appointed by
the industrial commission of Ohio with the approval of the governor,
who shall receive a salary in a sum equal to that provided for
district inspectors of mines, together with all necessary expenses
incurred in the discharge of his duties.
=Qualifications of Superintendent.=
The qualifications of superintendents of rescue stations shall be
the same as that of district inspector of mines, namely, that no
person shall be appointed superintendent of rescue stations unless
he has been a resident of the district for which he is appointed for
at least two years, has had at least five years' actual practical
experience in mining in this state, has a practical knowledge of the
best methods of working and ventilating mines of the nature and
properties of noxious and poisonous gases, particularly fire damp,
of the best means of detecting the presence of and preventing
accumulation of such gases and the best means of removing the same,
and has a practical knowledge of the uses and dangers of electricity
as applied at, in and around mines.
=Duties of Superintendent.=
Each superintendent of rescue station shall devote his entire time
to the duties of his office, and shall at all times keep the
equipment of such station in constant state of repair and be ready
to meet any emergency that may arise at any mine at any time, either
day or night. He shall teach and train first aid and rescue crews in
the use of first aid and rescue equipment and shall be required to
keep his station at all times in a clean and sanitary condition, and
subject to such rules and regulations as the industrial commission
of Ohio may from time to time establish.
(108 O.L. 1278.)
Sec. 916. [=Action for non-compliance with provisions of this act.=]
If the appliances of a mine for the safety of the persons working
therein do not conform to the provisions of this act, or if the
owner, lessee or agent disregards the requirements thereof, on
application by the chief inspector of mines in the name of the
state, any court of competent jurisdiction may enjoin or restrain
the owner, lessee or agent from operating such mine, until it is
made to conform to the provisions of this act. Such remedy shall be
cumulative, and shall not affect any other proceedings authorized by
law against such owner, lessee or agent for the matter complained of
in the action. (Sec. 927-928.)
Sec. 917. [=Failure to make map and forfeiture.=] Upon the refusal
or neglect of the owner, lessee or agent of a mine to make and file
a map, or any addition thereto, within sixty days after being
directed to do so by the chief inspector of mines, as provided for
in this act, the chief inspector of mines may cause such map or
addition thereto to be made in duplicate at the expense of such
owner, lessee or agent, the cost of which shall be recoverable
against such owner, lessee or agent, in the name of the chief
inspector of mines in any court of competent jurisdiction in the
county in which such mine is located, or in Franklin county. (Sec.
904, 935, 936, 937.)
Sec. 918. [=Complaint against district inspector; how made.=] When
written charges of neglect of duty, incompetency, or malfeasance in
office against any district inspector of mines, are made and filed
with the chief inspector of mines, signed by not less than fifteen
employes, or an owner, lessee or agent of a mine, the chief
inspector of mines shall promptly investigate such charges, and
advise in writing, addressed to the complainant whose name appears
first in the charges, the result of such investigation.
[=Complaint against chief inspector, how made; appeal.=] When
written charges of neglect of duty, incompetency or malfeasance in
office against the chief inspector of mines, are made and filed with
the governor, signed by not less than fifteen employes, or the
owner, lessee or agent of a mine, or if not less than fifteen
employes, or the owner, lessee or agent of a mine, having filed
charges against a district inspector of mines with the chief
inspector of mines, are dissatisfied with the result of the
investigation made by him, and appealed to the governor by filing
the same charges against such district inspector of mines with the
governor, he shall make, or cause to be made, an investigation of
such charges, and advise in writing, addressed to the complainant
whose name appears first in the charges, the result of such
investigation.
Sec. 919. [=Appeal and hoard of examiners.=] After such appeal from
the decision of the chief inspector of mines, or after charges have
been filed against the chief inspector of mines with the governor,
and the result of the investigation made by him, or at his instance,
is unsatisfactory to the complainant, and notice thereof is given to
the governor in writing by said complainant, accompanied with a bond
in the sum of five hundred dollars, payable to the state,
conditioned for the payment of all costs and expenses of the
investigation of such charges, in the event such charges are not
sustained, and signed by two or more responsible freeholders, the
governor shall convene a board of examiners, consisting of two
practical miners, one chemist, one mining engineer, and one mine
operator at such time and place as he directs, giving ten days'
notice thereof to the inspector against whom the charges are made,
and also to the person whose name appears first in the charges.
[=Duties of board.=] When so convened, and being duly sworn truly to
try and decide upon the charges made, the board of examiners shall
summon any witnesses desired by either party, and examine them, on
oath, administered by a member of the board. Depositions may be read
on such examination as in other cases. The board shall examine fully
into the truth of such charges and report the result of its
investigation to the governor; and, according to its finding, award
the costs and expenses of such investigation against the inspector
or the persons signing the bond. The costs and expenses of such
investigation shall include a compensation of five dollars per day
for each member of the board, for the time occupied in the trial,
and in traveling to and from his home, together with all legitimate
expenses which shall be paid from the state treasury on the
certificate of the president of such board. The attorney general
shall proceed to collect such costs and expenses, and pay them into
the state treasury.
Sec. 920. [=This act shall not create new office or displace any
officer.=] No change herein made in the name of an office existing
when this act takes effect shall create a new office. The incumbents
of offices when this act takes effect, the duties of which are
herein defined, or the filling of which is herein provided for,
shall hold their respective offices for the full term for which they
were severally elected or appointed, the same as if this act had not
been passed.
=RELATING TO COUNTY RECORDER AND COUNTY CORONER.=
Sec. 921. [=Duty of Recorder.=] The recorder of the county, when
presented with a map of an abandoned mine, by the owner, lessee or
agent thereof, as provided for in this act, shall properly label,
file and preserve the same as a part of the records of the land upon
which said mine is located. (Sec. 937.)
[=Duty of coroner.=] Upon receiving notice of a death occurring at a
mine, as provided for in this act, the coroner shall hold an inquest
forthwith upon the body of such person, inquire carefully into the
cause of his death, and within ten days after such inquest, return a
copy of his findings, with a description of the body, and all the
testimony before him, to the chief inspector of mines. Upon request
of the owner, lessee or agent of the mine where such person was
employed, shall furnish a copy thereof to such owner, lessee or
agent, for which such coroner shall be entitled to a fee of ten
cents per legal cap page, but in no case more than five dollars for
any one inquest, for copy furnished owner or lessee. (Sec. 940;
Penalty, Sec. 976.)
=RELATING TO OWNER, LESSEE OR AGENT.=
Sec. 922. [=Ventilation of mines.=] The owner, lessee or agent of a
mine, shall provide and maintain the necessary artificial means of
capacity and power capable of supplying the required ventilation,
and shall maintain a sufficient volume of air, not less per minute
than one hundred and fifty cubic feet for each person, and five
hundred cubic feet for each animal working therein, measured at the
intake, and distributed so as to expel or dilute and render
harmless, explosive, poisonous and noxious gases.
[=Additional requirements where fire-damp is present.=] The owner,
lessee or agent of a mine generating fire-damp, so as to be detected
by a safety lamp, shall, in addition to the foregoing, provide and
maintain not less than fifty cubic feet of air per minute for each
person working therein. (Sec. 923, 924, 952; Penalty, Sec. 976.)
Sec. 923. [=Ventilating appliances.=] In each mine, the doors used
in assisting or directing the ventilation thereof, shall be hung so
that they will close themselves, and shall be kept closed except
while persons or cars are passing through same. Each door, not
operated automatically, through which cars are required to pass,
shall have an attendant, whose first duty shall be to open it for
transportation, and prevent it from standing open longer than
necessary for cars to pass through, and, persons in charge of cars
passing through automatic doors shall be required to keep a close
watch over such doors, and if any such door fails to close, they
shall promptly close same and report such fact to the mine foreman.
This shall not prevent the attendant from performing other duties,
provided the door is not kept open longer than is necessary for cars
to pass through. Where necessary, a refuge place shall be provided
at each door for the safety of the attendant. (Sec. 943, 958;
Penalty, Sec. 976.)
Sec. 924. [=Ventilation of mines while persons working therein.=] At
each mine where the ventilation is not continuous, it shall be
started a sufficient length of time prior to the appointed time for
any person, or persons, working therein to enter, to clear the mine
of explosive, poisonous and noxious gases, and shall be kept in
operation a sufficient length of time after the appointed time for
such employes to leave their working places, for all persons to be
out of the mine. (Sec. 922, 923, 952; Penalty, Sec. 976.)
[=Pressure gauges.=] At each mine generating fire-damp so as to be
detected by a safety lamp, and wherein twenty or more persons are
employed, a recording pressure gauge for the purpose of recording
the pressure or vacuum of the main air current, shall be provided
and maintained, which shall be kept in constant use, and records
preserved for ninety days, subject to the inspection of the chief
inspector of mines and the district inspector of mines. (Penalty,
Sec. 976.)
Sec. 925. [=Competent person or persons shall be designated as
fire-boss.=] The owner, lessee or agent of a mine generating
fire-damp so as to be detected by a safety lamp, shall designate a
competent person or persons as fire boss or fire bosses, who shall
make a thorough examination of each working place in the mine every
morning with a standard safety lamp, not more than three hours prior
to the appointed time for the employes to enter the mine. As
evidence of such examination, the fire boss shall mark with chalk
upon the face of the coal, or in some other conspicuous place, his
initials and date of the month upon which the examination is made.
If there is any standing gas discovered, he must leave a danger
signal across every entrance to such place.
[=Examination of other than working places.=] Each mine generating
fire-damp so as to be detected by a safety lamp, shall be kept free
from standing gas. All traveling ways, entrances to old workings,
and places not in the actual course of working, shall be carefully
examined with a safety lamp by the fire boss not more than three
hours before the appointed time for persons employed therein to
enter. Parts of the mine not in the actual course of working and
available, shall be examined not less than once each three days, and
shall be so fenced as to prevent persons from inadvertently entering
therein. (Sec. 955, 959; Penalty, Sec. 976.)
Sec. 926. [=Breakthroughs and brattices.=] From a point where the
seam is reached in the opening of a mine, to a point not exceeding a
distance of four hundred feet therefrom, breakthroughs shall be made
between main entries, where there are no rooms worked, not more than
one hundred feet apart, provided such entries are not advanced
beyond the point where the breakthrough will be made until the
breakthrough is complete. Breakthroughs between entries, except as
hereinbefore provided, shall be made not exceeding sixty feet apart.
Where there is a solid block on one side of a room, breakthroughs
shall be made between such room and the adjacent room not to exceed
sixty feet apart; where there is a breast or group of rooms, a
breakthrough shall be made on one side or the other of each room,
except the room adjoining said block, not to exceed forty feet from
the outside corner of the breakthrough to the nearest corner of the
entrance to the room, and on the opposite side of the same room a
breakthrough shall be made, not to exceed eighty feet from the
outside corner of the breakthrough to the nearest corner of the
entrance to the room, and thereafter breakthroughs shall be made not
to exceed eighty feet apart on each side of the room. No working
place, except those provided for within a distance of four hundred
feet of the principal openings of a mine, shall be driven more than
eighty feet in advance of a breakthrough or air-way. The required
air current shall be conducted to the breakthrough nearest the face
of such entry or room. All breakthroughs between entries, and when
necessary between rooms, except the one nearest the working face,
shall be closed and made air-tight by brattice, trap doors or other
means, so that the current of air in circulation may sweep to the
interior of the mine. Brattices between permanent inlet and outlet
airways shall be constructed in a substantial manner of brick,
masonry, concrete, or non-perishable material. In mines generating
fire-damp, so as to be detected by a safety lamp, the air current
shall be conducted by brattice, or other means, near enough to the
working face to expel the fire-damp, and prevent the accumulation of
the same. (Penalty, Sec. 976.)
Sec. 927. [=Safe appliances for hoisting persons.=] The owner,
lessee or agent of a mine shall provide and maintain safe
appliances, approved by the district inspector of mines, for the
ingress and egress of persons in each shaft, designated by such
owner, lessee or agent as a means of ingress and egress for persons
employed therein. When there is but one shaft available for ingress
and egress from any unavoidable cause, the appliances therein shall
be kept available to persons therein employed at all times. When
such appliances in any shaft are rendered unavailable from any
cause, the same shall be restored without delay.
[=Emergency appliances.=] When the only means of egress is by
vertical shaft, in which cages or elevators are used as a means of
hoisting persons therein employed, and the power for operating same
is derived from but one source, the owner, lessee or agent shall
provide and keep on hand for use in the event of an accident to the
hoisting apparatus or the power by which same is operated, a
suitable windlass, capable of hoisting the persons from the mine.
[=Competent engineers.=] The owner, lessee or agent of a mine worked
by a shaft or slope, shall put in charge of an engine used for
lowering into or hoisting out of such mine persons employed therein,
only experienced, competent and sober engineers. (Sec. 916, 928;
Penalty, Sec. 976.)
Sec. 928. [=Metal speaking tube and safety appliances.=] The owner,
lessee or agent of a mine operated by shaft, shall provide and
maintain a metal tube suitable for conversation between persons,
connecting the engine room with the top and bottom of such shaft; an
approved safety catch, a sufficient cover, and rings or other
adequate handholds for ten persons, on all cages used for lowering
and hoisting persons: Such cages to be protected on each side by a
boiler plate not less than one-fourth inch in thickness, and not
less than three feet high, and shall provide an approved safety gate
at the top of each shaft, an adequate brake to control the drum used
for lowering or hoisting persons in shafts or slopes, and an
indicator on all machines used for such purpose, to show the
location of cages in shaft or slope. No cage having an unstable or
self-dumping platform shall be used for the carriage of persons
unless such platform is securely locked. (Sec. 916, 927; Penalty,
Sec. 976.)
Sec. 929. [=Hoisting and lowering of persons.=] The owner, lessee or
agent of a mine, at which the only means of ingress and egress for
the persons employed therein is by a vertical shaft or shafts, of
fifty feet or more in depth, shall designate one or more persons
whose duty shall be to attend to the lowering and hoisting of
persons into and out of such mine, and give and receive the proper
signals, governing the movement of the cage while engaged in
handling men. Not more than ten persons shall be lowered or hoisted
at any one time. The lowering of persons shall begin in time for
persons to reach their working places by hour appointed for mine to
commence work and continue until starting time. Hoisting of persons
shall commence at time for mine to cease work, and continue until
all have had time to be hoisted. Persons may be hoisted at such
other times as will not interfere with the hoisting of coal, or
other products. No person shall be lowered into or hoisted out of a
mine, with powder, explosives, tools or material on any cage, in the
same shaft, and no person shall be lowered or hoisted in a vertical
shaft in a mine car. When the vertical shaft is less than fifty feet
in depth, and a stairway approved by the district inspector of mines
is not provided, the owner, lessee or agent shall be required to
lower or hoist persons, as above prescribed, but when such stairway
is provided, the hoisting of persons shall not be required.
Sec. 930. [=Owner, lessee or agent shall provide second opening.=]
The owner, lessee or agent of a mine shall not employ or permit any
person to work therein except as hereinafter provided, unless to
every seam worked in such mine there are at least two openings,
separated by natural strata of not less than one hundred feet in
breadth at any point, by which distinct means of ingress and egress
are always available to the persons therein employed. Such openings
need not belong to the same mine so long as the persons employed
therein have safe, ready and available means of ingress and egress,
by not less than two openings, provided, however, that no air shaft
with a ventilating furnace at the bottom be designated or used as a
means of ingress or egress. The provisions of this section shall not
apply to opening a new mine while being worked for the purpose of
making the second opening and the communication therewith, and the
making of the landing or bottom and extending of the main entries
one hundred feet while such communication is being made; to a mine
in which the second opening has become unavailable from any cause
while said second opening is being restored or another is being
made; nor to a mine in which the second opening has become
unavailable by reason of the final robbing of the pillars previous
to abandonment, so long as not more than twenty persons in either
case are employed therein at one time.
[=Fire protection to shafts.=] At each mine at which the only means
of egress is by vertical shaft, the owner, lessee or agent shall
provide adequate fire protection to secure the safety of such shaft,
or shafts, and, when but one shaft is the only available means of
egress, shall keep in attendance a competent person at all times
while persons are inside of such mine. (Penalty, Sec. 976.)
Sec. 931. [=Separate traveling ways.=] The owner, lessee or agent of
a mine shall provide and maintain, in safe condition for the purpose
provided, two separate and distinct traveling ways from the interior
workings of the mine, each of which shall be available to not less
than one opening to the surface. One of such traveling ways may be
designated by such owner, lessee or agent as the principal traveling
way. One of such traveling ways may be designated as the escapement
way. The provisions of this section shall not prohibit such owner,
lessee or agent from designating more than one principal traveling
way, or more than one escapement way, so long as the provisions
hereof are complied with.
[=Traveling ways and refuge holes.=] The owner, lessee or agent of a
mine worked by shaft, shall provide and keep free from obstruction,
a traveling or passage way from one side of the shaft bottom to the
other. Slopes and mechanical haulage ways used as traveling ways by
persons employed in a mine shall be made of a sufficient width to
give not less than three feet of space between the rib and adjacent
rail of track to permit persons to pass moving cars with safety. If
found impracticable to make such slopes or mechanical haulage ways
of sufficient width as provided, refuge holes not less than six feet
in width and clearing the adjacent rail of the track not less than
four feet, and not more than sixty feet apart, shall be made on one
side of the slope or mechanical haulage way and whitewashed. The
refuge holes shall be kept free from obstruction, and the roof and
sides made secure. (Sec. 932, 959; Penalty, Sec. 976.)
Sec. 932. [=Detached locomotive from moving train. Traveling way
where locomotive is detached.=] At a mine, or in any part thereof,
where a locomotive is detached from a moving train of cars for the
purpose of dropping such cars past the locomotive, and the haulage
way at such point is designated as the principal traveling way, a
traveling way, not less than three feet wide and separated from the
track by a pillar of coal or substantial fence, shall be provided at
one side of that portion of the track from where the locomotive will
be detached to the switch of the siding. Such traveling way shall be
made on the same side of the track as the refuge holes. In no case
shall a locomotive be detached from a train of moving cars, for the
purpose of making a drop thereof, more than one hundred feet from
the switch of the siding. (Sec. 931, 959; Penalty, Sec. 976.)
[=Additional means of egress when inundation is probable.=] At any
mine where there is a stream or body of water on the surface, or in
the workings of a mine, at a higher level, which is likely to break
through into such mine and inundate either the traveling or
escapement way of such mine, so as to prevent the egress of persons
employed therein, the owner, lessee or agent, shall, upon the
written order of the chief inspector of mines, provide and maintain
an additional opening by means of which such persons may escape
without using the traveling or escapement way likely to be
inundated. (Sec. 950; Penalty, Sec. 976.)
Sec. 933. [=Duties of owner, lessee or agent relating to supplying
timber.=] The owner, lessee or agent of a mine shall keep an
adequate supply of suitable timber constantly on hand, and deliver
to the working place of each miner, the props of approximate length,
caps and other timbers necessary to securely prop the roof thereof:
Such props, caps, and other timbers, shall be delivered in mine cars
at point where the miner receives his empty cars, or unloaded at the
entrance to the room. (Sec. 953, 956; Penalty, Sec. 976.)
Sec. 934. [=Provisions for persons injured at mines.=] The owner,
lessee or agent of a mine at, in or around which, more than ten
persons are employed, shall furnish for each thirty-five men so
employed a properly constructed stretcher, a woolen blanket, a
waterproof blanket, a sufficient quantity of bandages and linen and
such other necessary requisites for use in case of accident as may
from time to time be prescribed by the industrial commission of
Ohio. At mines generating fire-damp so as to be detected by a safety
lamp, a sufficient quantity of olive or linseed oil shall be kept
for use in emergencies. It shall be the duty of each mine foreman to
keep in a safe and dry place in the territory over which he has
charge such stretchers, woolen and waterproof blankets and other
supplies. He shall care for the same and keep them in a dry and
sanitary condition always ready for use. (Sec. 907, 921, 940, 951;
Penalty, Sec. 976.)
Sec. 934-1. [=Owner, lessee or agent shall provide and maintain wash
room.=] Every owner, operator, lessee or agent of a coal mine, where
ten or more persons are employed, shall provide and keep in repair a
wash room, convenient to the principal mine entrance, adequate for
the accommodation of the employes, for the purpose of washing and
changing their clothes when entering and returning from the mine.
Such wash room shall be properly lighted and heated, supplied with
warm and cold water and adequate and proper facilities for washing
purposes.
Sec. 934-1a. [=Penalty.=] Whoever, being the owner, operator, lessee
or agent of a coal mine where ten or more persons are employed,
fails or neglects, after ninety days from the taking effect of this
act, to comply with the provisions of section 934-1 of the General
Code, or violates any of the provisions thereof, shall be fined not
less than two hundred nor more than five hundred dollars.
(This act became effective June 16, 1921.) (109 O.L. 22.)
Sec. 934-2. [=Owner, lessee or agent shall install telephone
system.=] Every owner, operator, lessee or agent of a coal mine,
where twenty or more persons are employed, shall install, and
maintain in efficient working condition, a telephone connecting each
main switch of such mine with an outside telephone so connected and
maintained as to permit communication with persons outside of the
mine with persons on the main switch or switches or other points
inside of the mine that may be designated by the district mine
inspector.
Sec. 934-3. [=Penalty.=] Whoever, being the owner, operator, lessee
or agent of a coal mine, where twenty or more persons are employed,
fails or neglects, after six months from the taking effect of this
act, to comply with the provisions of section 934-2 of the General
Code, or violates any of the provisions thereof, shall be fined not
less than two hundred nor more than one thousand dollars.
(This act became effective June 22, 1921.) (109 O.L. 48-49.)
Sec. 935. [=Owner or lessee shall make map of mine.=] The owner,
lessee or agent of a mine having an excavation of fifteen thousand
cubic yards, or more, shall cause to be made, on a scale of not less
than two hundred feet per inch, an accurate map thereof, which shall
show the following: The boundary lines and names of the owners of
the surface of each tract under which excavation is made, and for
not less than five hundred feet contiguous thereto, and under which
excavations are likely to be made during the ensuing year, together
with all streams and bodies of standing water; the township and
county lines coming within the limits of such map, with the name of
each plainly marked close to and parallel with such lines; the
title, the name or number of the mine, or both, the township and
county in which located; the section lines, with the number of each,
marked plainly within the sections; the location of the mine
openings, railroad tracks, public highways, oil and gas wells,
magazines and buildings, and plainly marked with name of each; the
location and extent of the excavations and connection with the
surface survey; the direction of the air current, or air currents by
arrows; the location and extent, so far as known or obtainable, of
the excavation of any other mine or mines within the limits of the
map; the boundary lines of the tracts of coal owned or leased within
the limits of the map; the elevation of the floor of the excavation,
above mean tide at Sandy Hook, at or near the boundary line or lines
of the coal owned or leased where the coal is adjacent to coal owned
by a person, firm or corporation, other than the owner or lessee of
such mine, and where the excavations of such mine cease or may be
approached by another mine, at points not exceeding three hundred
feet apart, and referenced to some permanent monument near the main
opening of such mine, and shown on the map and plainly marked bench
mark, with the elevation of same. (Sec. 904, 917, 936, 937; Penalty,
Sec. 976.)
Sec. 936. [=Addition to map, and certificate of engineer and
mine-foreman.=] The owner, lessee or agent of a mine shall cause to
be made, a map or an addition to the next previous map thereof,
annually, and semi-annually if so directed in writing by the chief
inspector of mines, showing the excavations and the information
required by the preceding section, to date of survey. The map, or
maps, required by this and the preceding section, and any addition
thereto, shall have the certificate of the engineer making same, and
of the mine-foreman in charge of the mine at the time of the survey,
acknowledged before, a notary public or justice of the peace,
thereon in the following form:
I, the undersigned, hereby certify that this map is correct,
and shows all the information required by section nine
hundred and thirty-five of the General Code, and covers the
period ending ..............................................
.............................
Engineer.
Acknowledged before me a ...................... this
.............. day of ......................................
.............................
I, the undersigned, hereby certify that I am a mine-foreman
at the mine represented by this map, and to the best of my
knowledge and belief the same correctly represents the
excavations of the mine for the period ending
............................................................
.............................
Mine-Foreman.
Acknowledged before me a ....................... this
................ day of ....................................
.............................
(Sec. 904, 917, 937; Penalty, Sec. 976.)
Sec. 937. [=Owner, lessee or agent shall file map of abandoned mine
with county recorder and chief inspector of mines.=] The owner,
lessee or agent of a mine, before the pillars are drawn previous to
the abandonment of a mine, or any part thereof, shall cause to be
made a correct map of such mine, or part thereof, showing its area
and workings to the day of the abandonment; the pillars drawn
previous to abandonment; and file such map within ninety days after
the abandonment of such mine, in the office of the Recorder of the
county where such mine is located, and with the chief inspector of
mines at his office. Such map shall have attached thereto the usual
certificate of the mining engineer making it, and the mine-foreman
in charge of the underground workings of the mine, and such owner,
lessee or agent shall pay to the Recorder for filing such map, a fee
of fifty cents. (Sec. 921.)
[=Copy of map to be filed with chief inspector.=] The owner, lessee
or agent of a mine shall keep at the office thereof, open to the
inspection of the chief inspector of mines, and the district
inspector of mines, a copy of the latest map of such mine, with any
addition thereto, and shall furnish a copy thereto to the chief
inspector of mines at his office. (Sec. 904, 917, 935, 936; Penalty,
Sec. 976.)
=Precaution when approaching abandoned mine.=
Sec. 938. Whenever any working place of a mine approaches within one
hundred feet of the abandoned workings of another mine, as indicated
by an accurate survey, or while driving any working place within a
distance of one hundred feet thereof, and such abandoned, mine
cannot be explored, or when same contains fire-damp, or water which
may inundate such working place, the mine-foreman shall not permit
such working place to be advanced until a drill hole has been
extended not less than twelve feet in the center of such working
place, and a flank hole not less than twelve feet extended on each
rib, starting at the working place after taking out each cut or
crossing. Whenever the limits of the workings of an abandoned mine
are not known by actual survey, the above rule shall apply whenever
any working place approaches within one hundred and fifty feet of
the supposed limits of such abandoned mine. In addition to the
precautions provided for in this act when approaching or working
parallel with such an abandoned mine, the owner, lessee or agent
shall, upon the demand of the chief inspector or district inspector
of mines, provide competent shot firers to do the shot firing in all
the working places advancing or running parallel with such abandoned
mine; the shot firing to be done when all other workmen are out of
the mine. The chief inspector or district inspector of mines shall
order shot firers at any mine when in their judgment the safety of
property or employes require same. (103 O.L. 500.)
Sec. 939. [=Notice must be sent to chief inspector in certain
cases.=] The owner, lessee or agent of a mine shall give notice to
the chief inspector of mines in the following cases: When a change
occurs in the name of the mine, in the name of the owner, lessee or
agent thereof, or in the officers of an incorporated company owning
or operating such mine; when a working is commenced for the opening
of a new shaft, slope or mine; when a mine is abandoned, or the
working thereof discontinued; when the working of a mine is
commenced, after an abandonment or discontinuance thereof for a
period of more than three months; when the pillars of a mine are
about to be removed or robbed; when a squeeze, crush, or fire
occurs, or a dangerous body of gas is found, or any cause or change
that may seem to affect the safety of persons employed therein.
(Sec. 940; Penalty, Sec. 976.)
Sec. 940. [=Notice of accidents.=] The owner, lessee or agent of a
mine at which loss of life occurs by accident, shall give notice
thereof, by telegram, forthwith, to the office of the chief
inspector of mines, and to the coroner of the county in which such
accident occurs; and, within twenty-four hours next after loss of
life or personal injury has occurred, the owner, lessee or agent of
the mine shall send to the chief inspector of mines a report in
writing, of the accident, specifying the character and cause
thereof, the names of the persons killed or injured, and the nature
of the injuries. If a personal injury thereafter results in the
death of the person injured, as soon as such death comes to his
knowledge, the owner, lessee or agent shall give notice thereof
forthwith, in writing, to the chief inspector of mines, and to the
coroner of the county in which such accident occurred. (Sec. 907,
921, 934, 951; Penalty, Sec. 976.)
[=Return of owner, lessee or agent.=] The owner, lessee or agent of
a mine, shall, on or before the thirty-first day of January of each
year, send to the office of the chief inspector of mines, upon
blanks furnished by him, a correct return, specifying with respect
to the year ending on the preceding thirty-first of December, the
quantity of coal mined, and the number of persons ordinarily
employed at, in, and around such mine, distinguishing the persons
below and above ground, and give such other information as required
by such blanks. (Penalty, Sec. 976.)
Sec. 941. [=Test weights to be provided.=] The owner, lessee or
agent of a coal mine, at which the earnings of ten or more persons
depend upon the weights of coal mined, shall provide and keep
accessible for the purpose of testing the weigh scales as provided
elsewhere in this act, the following standard test weights, properly
sealed: Where the coal mined is weighed upon hopper or pan scales,
two standard test weights of fifty pounds each; where the coal mined
is weighed upon railroad track scales, ten standard test weights of
fifty pounds each. (Sec. 910.)
[=Owner, lessee or agent shall provide safety lamps.=] The owner,
lessee or agent of a mine generating fire-damp, so as to be detected
by a safety lamp, shall keep on hand in proper condition for use,
not less than four approved safety lamps, and upon request of the
district inspector of mines, shall provide such additional safety
lamps as in his judgment may be required to meet any probable
emergency.
[=Owner, lessee or agent shall provide shields on mining machines.=]
The owner, lessee or agent of a mine, shall provide and maintain a
sufficient shield on each mining machine used in such mine, as may
be authorized by the chief inspector of mines, or the district
inspector of mines, for the protection of those employed in
operating same. (Sec. 957; Penalty, Sec. 976.)
=SIGNAL CODE.=
Sec. 942. [=Signals at mines, how conducted; devices to be used.=]
At each mine operated by shaft, the means of signaling to and from
the bottom man, the top man, and the engineer shall consist of a
tube, or tubes, or wire encased in wood or iron pipes, through which
signals shall be communicated by electricity, compressed air, or
other devices. The following signals are provided for use at mines
where signals are required:
=SIGNAL CODE.=
=From the Bottom to the Top.=
[=One ring or whistle.=] One ring or whistle from the bottom to the
top shall signify to hoist coal or the empty cage, and also to stop
either when in motion.
[=Two rings or whistles.=] Two rings or whistles shall signify to
lower cage.
[=Three rings or whistles.=] Three rings or whistles shall signify
that men are coming up; when return signal is received from the
engineer, men will get on the cage, and cager shall ring or whistle
one to start.
[=Four rings or whistles.=] Four rings or whistles shall signify to
hoist slowly, implying danger.
[=Five rings or whistles.=] Five rings or whistles shall signify
accident in the mine and a call for a stretcher.
=From the Top to the Bottom.=
[=One ring or whistle.=] One ring or whistle from the top to the
bottom shall signify: All ready, get on cage.
[=Two rings or whistles.=] Two rings or whistles shall signify: Send
away empty cage.
[=Addition to code, when allowed; code must be posted at top and
bottom.=] Provided, that the management of any mine, may, with the
consent of the district inspector of mines, add to this code of
signals in his discretion, for the purpose of increasing its
efficiency, or of promoting the safety of the men in said mine, but
whatever code may be established and in use at any mine must be
furnished by the mining department, conspicuously posted at the top
and at the bottom and in the engine room, for the information and
instruction of all persons concerned.
[=Emergency signal in shafts.=] At each mine where persons are
hoisted in a vertical shaft, an emergency signal shall be provided
in such manner that persons can give signals from the cage, in the
event that cage is stopped between the top and bottom landings.
(Sec. 929; Penalty, Sec. 976.)
Sec. 943. [=Lights in mines.=] The owner, lessee or agent of each
mine shall provide an enclosed lard or signal oil lamp or lantern or
incandescent electric light at such point or points in the mine as
may be necessary for the proper safety of persons, especially at the
top of extreme grades. No open light shall be used for fixed or
stationary purposes; no open torches or lamps larger than the lamps
provided for in this act for use as open lights, and no coal oil or
kerosene lamp or lanterns, shall be used in a mine. This, however,
shall not prevent the use of a torch or blow-torch for mechanical
purposes other than illumination. (Sec. 961.)
[=Light or signal on locomotives and trains.=] The owner, lessee or
agent of a mine at which locomotives are used for hauling the coal,
shall keep a light on the front end of the locomotive when it is in
use, and when the locomotive is run ahead of the trip, and the
trip-rider is not required to ride the rear car of the trip, a
signal, light or marker, approved by the district inspector of
mines, shall be carried on the rear end of the trip to indicate when
the trip has passed. Cars shall not be pushed ahead of the
locomotive where it can be avoided, and when cars are run ahead of
the locomotive a light shall be carried on the front end of the trip
and the cars shall not be moved at a speed greater than four miles
per hour. When rope haulage is used, an enclosed light shall be
carried on the front end of each train so hauled. When a mechanical
haulage trip passes through an automatic door having no attendant
other than persons in charge of such trip, the trip-rider shall be
required to ride the rear car of the trip while passing though such
door, and see that it closes after the trip passes through. (Sec.
923, 958; Penalty, Sec. 976.)
Sec. 944. [=Employment of minors.=] The owner, lessee or agent of a
mine shall not employ, or permit to work therein, any boy under
fourteen years of age; nor employ, or permit to work therein, any
boy under fifteen years of age during a term of the public schools,
in the district in which he resides. (Sec. 912, 953.) (See Child
Labor Law, Sec. 13002, page ----).
"The provisions of Section 912, 944 and 953 G.C. do not
permit the employment of children under 16 years of age in,
about or in connection with any mine. Such employment is
governed by the provisions of Section 13002 G.C."
Opinion No. 885 office of the Attorney General, State of
Ohio, December 21, 1917.
[=Removal of combustible matter.=] Whenever an entry or air-way
becomes so dry that the air becomes charged with dust, the owner,
lessee or agent shall cause such entry or air-way to be sprinkled,
and all accumulated matter, explosive in its nature, shall be
removed from the mine. (Sec. 956.)
[=Quantity of oil in mine restricted.=] No oil shall be taken into
or stored in a mine except as may be required to be opened for use
within two days thereafter; and in no case shall more than two
barrels of oil be kept at any one place, and not more than ten
barrels of oil shall be had in a mine at any one time. All waste oil
and empty barrels shall be promptly removed from the mine. (Sec.
974, 975.)
[=Location of boilers at mine.=] The permanent boilers used for
generating steam, and the buildings containing the boilers, shall
not be nearer than sixty feet to any mine opening or to a building
or inflammable structure connected with or surrounding such opening.
(Penalty, Sec. 976.)
Sec. 945. [=Relating to underground stables.=] The owner, lessee or
agent of a coal mine at which the live stock is kept underground,
shall observe the following: The stable or stall shall be separated
from the main inlet and main outlet air-courses by not less than
twenty feet of solid strata or a solid wall of brick or masonry not
less than twelve inches in thickness, except at two doors not more
than five feet wide, which shall be made of steel plate not less
than one-quarter inch in thickness and hinged to the solid strata or
masonry without the use of wood; the ventilation for the stable
shall be taken from main inlet air-course by a by-pass or separate
split and returned to the main outlet air-course so that the air
passing the stables will not enter the inward working places of the
mine, and arranged so that the by-pass or split can readily be
closed at both inlet and outlet sides of the stable by steel doors
hinged to the solid strata or masonry without the use of wood; the
construction of the stable inside shall be free from pine or light
lumber; shall be of brick or masonry as much as practicable, and any
timber used shall be of hardwood of a cross section not less than
three by six inches; no hay or straw shall be taken into the mine or
stable unless same be compressed into compact bales, and then only
from time to time in such quantities as will be required for two
days' use; no greater quantity of hay or straw shall be stored in
the mine or stable, and when such is taken into the mine it shall be
taken inside the stable at once; the lights used in the stable shall
be incandescent electric lamps, placed so that same will not be
injured by the stock or by persons required to enter the stable, or
lanterns of railroad type suitable for using lard or signal oil, and
only such oil shall be used therein; all refuse and waste shall be
promptly removed from the stable and the mine, and shall not be
allowed to accumulate. Stables constructed underground after the
passage and approval of this act, shall be located not nearer than
one hundred and fifty feet of any opening to the mine used as a
means of ingress or egress. (Sec. 955, 960; Penalty, Sec. 976.)
Sec. 946. [=Relating to use of gasoline in mines.=] No gasoline,
naphtha or kerosene engine shall be used in a mine, except for
operating pumping machinery where electric, compressed air or steam
power is not available or cannot be transmitted to the pump, and
then the owner, lessee or agent shall observe the following: Notice
shall be made to the chief inspector of mines before installing, and
the installation and operation shall be subject to his approval: No
wood or inflammable material shall be permitted nearer than
twenty-five feet of the engine: The supply tank from which the
gasoline, naphtha or kerosene is fed to the engine, shall be of
metal, with a suitable screw cap opening, fitted with a gasket, so
as to make the tank air-tight and prevent the escape of gas into the
atmosphere, and the tank kept free from leaks: the gasoline, naphtha
or kerosene shall be fed from a tank to the carburetor or mixer by
metal tubes securely connected so as to reduce the possibility of
leaks to a minimum: The exhaust from the engine shall be conducted
by means of metal pipes into the return air current, so that the
fumes of combustion will not enter the workings of the mine where
the men are required to work, or be conducted in an upcast shaft or
slope not used as a means of ingress or egress, or through metal
pipes to the surface: At no time shall there be more than five
gallons of gasoline, naphtha or kerosene in the supply tank; at no
time shall more than five gallons of same be taken into the mine at
any one time, and at no time shall there be more than ten gallons in
the mine, including that in the supply tank: No gasoline, naphtha or
kerosene shall be taken into the mine except in metallic cans, with
a screw cap opening at the top, fitted with a suitable gasket: No
package or can, or the supply tank of an engine, containing
gasoline, naphtha or kerosene, shall be opened until ready to make
the transfer from the package or can to the supply tank, and in
transferring, a funnel shall be used so as to avoid spilling the
gasoline, naphtha or kerosene, and the cap on the supply tank shall
be immediately closed: In no case shall the package, can, or the
supply tank, be opened, with any open light or other thing
containing fire within twenty-five feet of same. (Penalty, Sec.
976.)
Sec. 947. [=Relating to use of electricity in mines.=] The owner,
lessee or agent of a mine in which electricity is used as a means of
power, shall observe the following in the application thereof:
[=Trolley wires.=] All trolley wires shall be carried at least six
inches outside of and parallel with the track rail on the side the
trolley wire is located. When regular height is less than six feet
six inches from top of rail, the lower side of trolley wire must not
exceed six inches from the roof or cross-timber with hangers now in
use, with hangers not to exceed twenty-five feet between centers,
and the tension sufficient to keep all wires from sagging and to
prevent trolley wheel from coming in contact with roof or
cross-timbers. All new hangers hereafter installed shall not exceed
five inches in depth from lower side of the trolley wire to the roof
or cross-timbers.
[=Wires crossing traveling ways.=] All trolley and positive feed
wires crossing places where persons or animals are required to
travel, shall be safely guarded or protected from such persons or
animals coming in contact therewith.
[=Wires opposite rooms and refuge holes.=] All trolley and positive
feed wires shall be placed on opposite side of track from refuge
holes or necks of rooms.
[=Bare wires; when not to extend into working places.=] No trolley
wire shall be extended into or maintained in any room while being
used as a working place; no trolley or feed wire shall be extended
into any entry beyond the outside corner of the last breakthrough.
[=Switches and circuit-breakers.=] Switches or circuit-breakers
shall be provided to control the current at the mine, and at all
important points in the mine.
[=Machine feed wires and insulators.=] All machine feed wires shall
be placed as near the rib and roof or cross-timbers as practicable;
the positive wire to be carried not to exceed three inches from the
rib and roof or cross-timbers, measured at the insulators, which
shall be so placed as to keep the wire at least six inches outside
of the track rail on the side the wire is located. Insulators shall
be placed not exceeding fifty feet apart, and all wires shall be
carried so that same will be not less than six inches outside of the
track rail at any point on the side the wire is located. All
positive wires shall be carried on glass or porcelain insulators, or
insulators equally efficient. All negative wires shall be carried on
suitable fixtures, and when carried in same entry as the positive
wire, shall be carried on the same side of the entry as the positive
wire, and as close to it as practicable. When machine or feed wires
are carried in same entry as trolley wire, they shall be placed on
the same side as the trolley wire, between trolley wire and rib.
Nothing in the foregoing shall require negative wires being carried
in same entry with positive wire.
[=Wires in shafts or slopes.=] When necessary to carry wires down
shafts or slopes used as travelways, the wires must be thoroughly
cased or protected, so that persons cannot be shocked therefrom.
[=Wires; how placed in rooms.=] Positive machine feed wires, when
extended into rooms, shall be placed not nearer than four feet of
the track, where the room is of sufficient width, and the same shall
only be connected to the positive wire or wires on the entry while
in actual use. The material used for making such connection shall be
of sufficient length to reach across the entry, and when same is
disconnected, it shall be kept with the machine operating at such
point or working place. No electric wires shall be extended into any
room unless a one hundred and fifty foot cable will not reach the
face of the room, and then not beyond the outside corner of the last
breakthrough.
[=Protection of terminal ends.=] All terminal ends of positive wires
shall be guarded so as to prevent persons inadvertently coming in
contact therewith.
[=Connection of negative wires, pipe lines and track. Bonding of
track.=] The bonded track, the negative wires and metallic pipe
lines, when coming near each other, may be connected together at
intervals not exceeding five hundred feet, and any track used as the
return or earth system shall be properly bonded. In no case shall a
pipe line, or any part thereof, be used exclusively as the return,
and when connected to the earth system, the negative wire or bonded
track shall be of ample capacity, exclusive of the pipe line, to
carry the current.
[=Trolley wires; how erected.=] The trolley wire shall be carried
upon hangers or other fixtures which will properly insulate it from
contact with the roof or other substances, and so the trolley wheel
can trail without the necessity of being constantly attended for
that purpose, and no trolley shall be run on any wire not so
carried.
[=Locomotive must not be operated improperly.=] No locomotive shall
be operated by means of a person holding and sliding upon or
frequently making contact with the positive wire with any device
attached to the cable as a substitute for a trolley, but these
provisions shall not prohibit the operation of a locomotive by means
of a cable without the use of the trolley, provided the cable be
connected to and disconnected from the positive wire when the
locomotive is not in motion.
[=Protection to machine cable crossing entry track.=] Means shall be
provided by which machine runners may readily carry the machine
cable from the machine to the feed wires on one side of the entry,
either under or over the track rails, in the entry where such wires
are located, and so the cable will not come in contact with such
track rails, thereby reducing the danger of shock to persons or
animals required to travel such entry, to the minimum. (Sec. 911,
948; Penalty, Sec. 976.)
Sec. 948. [=Voltage at mines hereafter electrically equipped.=] The
owner, lessee or agent of a mine at which electricity with a
pressure or potential of more than three hundred and twenty-five
volts, or alternating current, is used, shall in addition to the
provisions of the preceding section, observe the following:
[=Limit to voltage in or about working places.=] At each mine
equipped with electric power after the passage and approval of this
act, the current used to operate gathering locomotives, mining
machines, shearing machines, drills and other machinery, used in or
about the working places of the mine, shall not exceed in pressure
or potential, three hundred and twenty-five volts, direct current,
as shown at the nearest switchboard, and the wires conducting the
power from the nearest switchboard shall not carry a higher pressure
or potential.
[=Relating to alternating current.=] At each mine equipped with
electric power alternating current may be used to convert
alternating current to direct current, and to operate motors
permanently installed above ground and in underground substations,
or buildings especially prepared for them, in a manner subject to
the approval of the chief and district mine inspectors, but no wires
carrying alternating current shall be used underground except same
be carried in an entry or passageway where persons and animals are
not permitted to travel.
[=Relating to higher voltage mines hereafter equipped.=] At each
mine equipped with electric power after the passage and approval of
this act, when the current used to operate haulage locomotives,
pumps and other machinery not located in or about the working places
of the mine, is of a pressure or potential in excess of three
hundred and twenty-five volts, direct current, the entry or passage
way where such wires are carried shall not be designated or
permitted to be used as the principal traveling way, and when
designated or used as the escapement way, the wires shall be
protected so that persons required to travel near same in
emergencies will not inadvertently come in contact therewith. No
pressure in excess of six hundred and fifty volts at the switchboard
shall be used underground.
[=Relating to higher voltage, mines heretofore equipped.=] At each
mine equipped with electric power prior to the passage and approval
of this act, where the pressure or potential is in excess of three
hundred and twenty-five volts, direct current, or where alternating
current is used, and the conditions surrounding the use of same are
such, in the opinion of the chief inspector of mines, that the
provisions of the preceding section do not provide the required
protection from shock to persons employed therein, such additional
safeguards shall be employed as may be required by the chief
inspector of mines, and the district inspector of mines, jointly.
(See. 911, 947; Penalty, Sec. 976.)
Sec. 949. [=Relating to construction of new mines.=] Any person,
firm or corporation beginning the opening of a mine, whether such
person, firm or corporation be the owner, lessee or agent of the
property upon which such mine is located, or not, shall observe the
following in the construction of such mine: If the opening be a
slope or vertical shaft, no explosive used therein shall be fired by
means of a squib or fuse after the same is extended more than
twenty-five feet from the surface, and thereafter and until the
slope or shaft reaches the seam, and the entry or landing be
extended beyond a breakthrough or other place driven at right angles
thereto, no explosive shall be fired except by means of an electric
battery operated from the surface after all persons are on the
surface. A substantial structure to sustain sheave wheels or
pulleys, ropes and loads, shall be provided, and if the opening be a
shaft, the same shall be placed at a height of not less than twenty
feet above the tipping place. A landing platform shall be arranged
in such manner that no material can fall into the shaft while the
bucket is being emptied, and in no case shall the shaft be sunk to a
depth of more than thirty feet without such structures. If the
bucket used for hoisting material is to land on a truck, the track
on which said truck is operated, and the platform, shall be so
constructed that material cannot fall into the shaft. Rock and coal
shall not be hoisted from a shaft or slope except in a bucket or
cage attached to the rope by a safety hook, clevis, or other safe
attachment, and the bucket or cage securely locked so that same
cannot tip or empty while being hoisted. The rope shall be fastened
to the side of the drum, and not less than three coils of rope shall
always remain on the drum. After the shaft reaches a depth of one
hundred feet, the same shall be provided with guides and guide
attachments, applied in such a manner as to prevent the bucket from
swinging while being lowered or hoisted, and said guides and guide
attachments shall be maintained at a distance of not more than
seventy-five feet from the bottom of the shaft. The sides of all
shafts shall be properly secured for safety, and no loose rock or
material shall be allowed to remain on any timber in the shaft after
each blast. All loose timber, tools, and materials, shall be kept
away from the top of the shaft, so as to reduce the danger of same
falling down the shaft. Where explosive gas is encountered, the
person in charge shall see that the shaft or slope is examined
before each shift of men enter to work, and before the men descend
after each blast. Provision shall be made for the proper ventilation
of the slope, or shaft, so that persons working therein will have
the necessary air. An efficient brake shall be attached to each drum
of an engine used in hoisting material and persons, and all
machinery, ropes and chains connected therewith shall be carefully
examined once each twelve hours. Not more than four persons shall be
lowered or hoisted in or on a bucket at one time, and no person
shall be permitted to ride on a loaded bucket. The bucket used in
lowering or hoisting persons shall be equipped with proper safety
devices, so that same cannot become detached from the rope or cable,
and cannot tip or turn upside down while being so used. The chief
inspector of mines, and the district inspector of mines, shall have
jurisdiction over such mine when the shaft or slope reaches a depth
of twenty-five feet, and such person, firm or corporation shall
comply with any order issued by either or both of them with respect
to the safety of persons employed. Other than the provisions herein,
the provisions of this act shall not apply to the opening of a mine
until such opening reaches the seam, and the entry or landing be
extended beyond a breakthrough, or other place driven at right
angles thereto. (Penalty, Sec. 976.)
Sec. 950. [=Additional openings; when and how provided for.=] When
in the opinion of the district inspector of mines together with the
chief inspector of mines, the ways and means of egress in any mine
under their jurisdiction, from the interior working places to the
surface, as provided for in this act, are inadequate as a safe and
ready means of escape in case of probable emergency, and there are
extra hazards of a permanent nature that cannot be removed either
from long distance from the interior working places to the exterior
openings for egress, from danger of fire at any point, or any other
cause that probably will result in the entombment of persons working
therein, they shall jointly give notice in writing to the owner,
lessee or agent of such mine, and require an additional opening by
shaft, slope or drift, from the surface; the location of the
interior end of such shaft, slope, or drift, to be sufficiently near
the interior working places in that part of the mine where such
persons are endangered, to afford such persons safe and ready means
of escape, free from such hazards. (Sec. 932; Penalty Sec. 976.)
=RELATING TO SUPERINTENDENT, MINE-FOREMAN AND OVER-SEER.=
Sec. 951. [=Duties of superintendent.=] The superintendent in charge
of a mine shall see that the provisions of this act are carried out,
and shall, in case of an accident resulting in the death of or
injury to persons, carefully investigate such accident, and report
to the chief inspector of mines, as provided for in this act, and to
the owner, lessee or agent of the mine. He shall give such other
notice to the chief inspector of mines as required by the provisions
of this act, and shall co-operate with the mine-foreman and direct
him as may be necessary in securing a compliance with the provisions
of this act, and the safety of the persons employed in the mine.
Nothing herein shall prohibit the superintendent from fulfilling the
duties of mine-foreman. (Sec. 940, 953, 962, 965; Penalty, Sec.
976.)
Sec. 952. [=Duties of mine foreman.=] The mine-foreman shall attend
personally to his duties in the mine, carry out all the provisions
set forth in this act, see that the regulations prescribed for each
class of workmen under his charge are carried out in the strictest
manner possible, and see that any deviations from any of them are
promptly adjusted. (Sec. 953, 965.)
[=When ventilation stops.=] In case of accident to a ventilating
fan, or its machinery, whereby the ventilation of the mine would be
seriously interrupted, he shall promptly order the men to
immediately withdraw from the mine and not return to their work
until the ventilation has been restored, and his permission to enter
is given; if at a mine which generates fire-damp, he shall not order
them to return until the mine has been thoroughly examined by him,
or his assistant, and reported to be safe. (Sec. 922, 923, 924.)
[=Dangerous places fenced.=] He shall see that all dangerous places
are properly fenced off, and proper danger signal boards are hung on
such fencing that they may be plainly seen; he shall also travel all
air-ways, and examine all the accessible openings to old workings as
often as is necessary to insure their safety. (Sec. 925.)
[=Examination of working places.=] He shall examine each working
place, or have it examined by his assistant, at least once each
alternate day that persons are or should be at work therein and
oftener, when, in his judgment, the circumstances require. He shall
instruct pick miners and machine runners regarding the width of
working places. (Sec. 956.)
Sec. 953. [=When working place is unsafe.=] When a working place
becomes unsafe from any cause, he shall order the person or persons
working therein, to cease mining or loading, and not to remain in
such working place, except as may be necessary to make it safe,
until it is made safe. (Sec. 956.)
[=Supplying of props and timber.=] He shall see that the working
place of each miner is kept supplied with props of approximate
length, caps, and other timbers necessary to securely prop the roof
thereof. When he examines a working place, he shall observe the
condition of the roof and timbering, and instruct the workmen
therein as to the proper method of timbering for the security of
the roof. He shall give such instructions to drivers, motormen,
trip-riders, and other persons, as may be necessary to keep a supply
of timber in each working place. (Sec. 933, 956.)
[=Miner without props or timber.=] When he finds a miner in a
working place without the necessary props, caps or timbers to
securely prop the roof thereof, he shall order such miner to leave
such working place until the required timber is supplied, which he
shall attend to promptly, and shall order that no cars be delivered
to such miner, until timber is supplied. (Sec. 933, 956.)
[=Measure and report of ventilation.=] He shall keep a careful watch
over the ventilating apparatus and air-ways, and measure the
ventilation at least once each week, at the inlet and outlet, and at
or near the face of all entries; which measurement shall be noted on
blanks furnished by the chief inspector of mines. On the first day
of each month, he shall sign such blanks, properly filled with the
actual measurements, and forward them to the chief inspector of
mines. (Sec. 922, 923, 924, 952.)
[=Record of boys employed.=] He shall keep a record of the boys
under sixteen years of age employed by him, or by any other person,
giving the name, age, place of birth, name and residence of parents,
and character of employment. He shall require written evidence from
the parent or guardian of each said minors, that the requirements of
the school laws of this state have been complied with. (Sec. 912,
944.) (See Child Labor Law, Sec. 13002.)
"The provisions of Section 912, 944 and 953 G.C. do not
permit the employment of children under 16 years of age in,
about or in connection with any mine. Such employment is
governed by the provisions of Section 13002 G.C."
Opinion No. 885 office of the Attorney General, State of
Ohio, December 21, 1917.
[=Assistant mine-foreman.=] The duties of mine-foreman shall apply
to assistant mine-foreman, when acting for the mine-foreman, or in
discharging the duties thereof. (Sec. 952, 965; Penalty, Sec. 976.)
Sec. 954. [=Relating to over-seer.=] The over-seer shall visit the
working place of each inexperienced person engaged at mining or
loading, at such intervals as provided for in this act, and instruct
them as to their work and safety and assist them in caring for their
safety. He shall instruct such persons not to handle or use any
explosives except in his presence, until they have been employed in
a mine not less than three months, and not then until he is
satisfied that such persons are fully competent to handle and use
same with safety. When, in his judgment, such persons require more
frequent supervision than provided for in this act, he shall visit
their working places as frequently as in his judgment the
circumstances require. The foregoing shall not prohibit the
mine-foreman from fulfilling the duties of overseer, so long as all
the provisions of this act are complied with. (Sec. 965; Penalty,
Sec. 976.)
=RELATING TO THE STABLEMAN AND FIRE-BOSS.=
Sec. 955. [=Duties of stableman.=] The stable man shall see that the
provisions of this act relating to stables are carried out, and
shall forbid persons not required by duty, to enter the stable or
loiter in or about same, whether the stable be inside of the mine or
on the surface. (Sec. 945, 960.)
[=Duties of fire-boss.=] The fire-boss shall examine with a safety
lamp each working place, whether same is in the actual course of
working or not, the traveling ways and entrances to old workings in
the mine every morning, not more than three hours prior to the
appointed time for the employes to enter the mine. As evidence of
such examination, he shall mark with chalk upon the face of the
coal, or in some other conspicuous place, his initials and date of
the month. If there is any standing gas discovered, he shall leave a
danger signal across every entrance to such place.
[=Report on blackboard.=] He shall make a report on a blackboard
provided on the outside of the mine for that purpose, and arrange so
the men can conveniently inspect it, showing the condition of the
mine as to the presence of fire-damp, and indicating the place, or
places, where present, if any is present, before he permits any
person to enter the mine. He shall examine parts of the mine not in
the actual course of working and available, not less than once each
three days.
[=Written report.=] The fire-boss shall make a written report, which
shall be kept in the office, or some place at the mine where it can
be seen by the mine inspector when called for. He shall see that
every part of the mine is kept free from standing gas, and that all
old workings are properly fenced off, as provided for in this act.
He shall return to the mine with the miners and remain there at
least one hour, attending to the removal of any standing gas. He
shall examine the mine on idle days and Sundays if any men are
required to work in any part of it, and if more than three hours
elapse between the day turn leaving and night turn starting, the
places to be worked by night turn must be examined by him with a
safety lamp, and reported safe before persons go to them. (Sec. 925,
959; Penalty, Sec. 976.)
=RELATING TO EMPLOYES GENERALLY.=
Sec. 956. [=Duties of miner. Examination of working place.=] Each
miner shall examine his working place upon entering same, and shall
not commence to mine or load until it is made safe. He shall be very
careful to keep his working place in a safe condition at all times.
(Sec. 952.)
[=Shall cease work when place is dangerous.=] Should he at any time
find his place becoming dangerous from any cause or condition, he
shall at once cease work, and notify the mine-foreman, or assistant
mine-foreman, of such danger, and, upon leaving such place, he shall
place some plain warning at the entrance thereto, to warn others
from entering into the danger, and shall not return until ordered to
do so by the mine-foreman, or assistant mine-foreman. (Sec. 953.)
[=Shall prop roof, etc.=] Each miner, or other person employed in a
mine, shall securely prop the roof of the working place therein
under his control, and shall obey any order, or orders, given by the
superintendent or mine-foreman relating to the width of working
places, and to the security of the mine in the part thereof where he
is at work, and for fifteen feet back from the face of his working
place. Such miner, or other person, shall not be held to have
violated the provisions of this clause if the owner, lessee or agent
fails to supply the necessary props, caps, and timbers, as provided
for in this act. (Sec. 933, 953.)
[=Shall not waste props, etc.=] Each miner, or other person shall
avoid waste of props, caps, timber, or other material. When he has
props, caps, timber, or other material unsuited for his purpose, he
shall not cover up or destroy same, but shall place it near the
track where it can be readily seen. (Sec. 933, 953.)
[=Blasting when fire-damp is generating.=] He shall not fire a blast
in any working place which is likely to generate sudden volumes of
fire-damp, or where locked safety lamps are used, except with the
consent of the mine-foreman, or other competent person designated by
the mine-foreman for that purpose. (Sec. 962.)
[=Blasting when restricted to specific times.=] At a mine where the
firing of shots is restricted to specific times, no miner shall fire
a shot until the time appointed for him to do so, and then only in
such rotation as designated. (Sec. 962.)
[=Examination after blasting.=] After each blast, he shall exercise
great care in examining the roof and coal, and shall secure them
safely before beginning to load coal. (Sec. 962.)
[=Shall post after undermining.=] After the coal is undermined, he
shall, before shooting the coal, properly post the roof of his
working place.
[=Must not go under draw-slate.=] When draw-slate is over the coal,
he shall not go underneath the draw-slate until it is made safe
from falling, by securely posting it, and he shall not remove the
posts until the coal is removed and he is ready to take down the
draw-slate.
[=Shall load fine coal.=] He shall not place in the gob or refuse
pile, or cover up, any fine coal or coal dust, but shall load same
into cars. (Sec. 944; Penalty, Sec. 976.)
Sec. 957. [=Duties of machine men.=] Machine runners and helpers
shall use care while operating mining machines. They shall not
operate a machine unless the shields are in place, and shall warn
persons not engaged in the operating of a machine of the danger in
going near the machine while it is in operation, and shall not
permit such persons to remain near the machine while it is in
operation. They shall examine the roof of the working place and see
that it is safe before starting to operate the machine. They shall
not move the machine while the cutter chain is in motion. When
connecting the power cable to the electric wires, they shall make
the negative or grounded connections before connecting to the
positive, and when disconnecting the power cable, shall disconnect
from the positive line before disconnecting the negative or
grounded. When positive feed wires extend into rooms, they shall
connect such wires to the positive wire on the entry before
connecting the power cable, and as soon as the power cable is
disconnected shall disconnect such wire from the wire on the entry.
They shall use care that the cable does not make contact with
metallic rails of the track, and shall avoid, where possible,
leaving the cable in water. If they remove props which have been
placed by the miner for the security of the roof, they shall reset
such props as promptly as possible. (Sec. 941; Penalty, Sec. 976.)
Sec. 958. [=Duties of motormen and trip-riders.=] Motormen and
trip-riders shall use care in handling the locomotive and cars, and
shall see that the signal or marker, as provided for, is used as
provided, and shall be governed by the speed provided for in this
act in handling cars.
They shall not run the locomotive with the trolley ahead of the
locomotive, except in cases where they cannot do otherwise, and then
only at a speed of two miles per hour.
They shall warn persons forbidden to ride on the locomotive or cars,
and shall not permit such persons to ride on locomotive or cars
contrary to the provisions of this act.
[=Duties of trip-rider, rope haulage.=] The trip-rider in charge of
rope haulage trips shall see that the signal light, as provided for
in this act, is in place and in proper condition before starting
trip.
[=Drivers.=] Drivers shall use care in handling cars, especially
going down extreme grades, and at junction points.
[=Those in charge of trips of cars shall see that doors are
closed.=] Motormen, trip-riders and drivers in charge of haulage
trips passing through doors used as a means of directing the
ventilation, shall see that such doors are closed promptly after the
trip passes through. (Sec. 923, 943, 961; Penalty, Sec. 976.)
Sec. 959. [=Persons must not enter mine until fire-boss reports.=]
No person shall enter a mine generating fire-damp so as to be
detected by a safety lamp, until the fire-boss makes a report
outside the mine on a blackboard provided for that purpose, and
arranged where the men can conveniently inspect it. No person shall
go beyond a danger signal, until all standing gas discovered has
been removed or diluted and rendered harmless by a current of air.
(Sec. 925, 955.)
[=Persons ordered to withdraw must not re-enter without
permission.=] Any person being ordered by the mine-foreman to
withdraw from the mine on account of the interruption of the
ventilation shall not re-enter the mine until given permission to do
so by the mine-foreman. (Sec. 952.)
[=Not more than ten persons on a cage.=] When more than ten persons
get on a cage or elevator to be lowered into a mine, or to be
hoisted out of a mine, the person in charge of the lowering and
hoisting of such persons shall order a sufficient number to get off
to reduce the number to ten persons, and the persons so ordered
shall immediately comply. (Sec. 929.)
[=Employes shall not loiter.=] Each employe of a mine shall go to
and from his place of duty by the traveling ways provided; shall not
travel around the mine, or the buildings, tracks or machinery
connected therewith, where duty does not require, and when not on
duty, shall not loiter at, in, or around the mine, the buildings,
tracks or machinery connected therewith.
[=Intoxicants.=] No person shall go into, at, or around a mine, or
the buildings, tracks or machinery connected therewith, while under
the influence of intoxicants. No person shall use, carry, or have in
his possession, at, in, or around a mine, or the buildings, tracks
or machinery connected therewith, any intoxicants.
[=Must not go beyond danger signal.=] No person other than the
fire-boss shall remove or go beyond any caution board or danger
signal placed at the entrance to any working place, or to the
entrance to any old workings in a mine.
Sec. 960. [=Intent to defraud.=] No person shall erase or change a
mark of reference or monument made in connection with measurements;
change the checks on cars; wrongfully check a car, or do any act
with intent to defraud.
[=Fire must not be taken into stable.=] No person shall take a
lighted pipe, or other thing containing fire, except lanterns as
provided for, into any stable or barn. (Sec. 945-955.)
[=Must not obstruct airway.=] No person shall place refuse in, or
obstruct any airway or breakthrough used as an airway.
[=Injuries to mine by workmen and others.=] No workman, or other
person, shall knowingly injure a water gauge, barometer, air-course,
brattice, equipment, machinery, or live stock; obstruct or throw
open an airway; handle or disturb any part of the machinery of the
hoisting engine of a mine; open a door of a mine and neglect to
close it; endanger the mine or those working therein; disobey an
order given in pursuance of law, or do a wilful act whereby the
lives and health of persons working therein, or the security of a
mine, or the machinery connected therewith may be endangered.
(Penalty, Sec. 976.)
Sec. 961. [=Persons not permitted to ride on haulage trips.=] No
person or persons except those in charge of trips, superintendents,
mine-foremen, electricians, machinists and blacksmiths, when
required by their duty, shall ride on haulage trips, except where by
mutual agreement in writing, between the owner, lessee or agent, and
the employes, a special trip of empty cars is run for the purpose of
taking employes into and out of the mine, or empty cars are attached
to loaded trips, which shall not be run at a speed exceeding eight
miles per hour. No person except a trip rider shall ride on loaded
car or cars, and he shall ride only the front or rear end of the
trip. (Sec. 958.)
[=Size of lamps for open lights.=] No person, except as hereinafter
provided for, shall use in any coal mine, any oil lamp for the
purpose of maintaining an open light, more than two and one-half
inches in height, with spout not more than three inches long, with
opening not more than three-eights inch in diameter; provided,
however, that mine-foreman, electricians, machinists, motormen,
trip-riders, drivers, and other persons whose duties require them to
ride on moving trips, works in main air current, or travel
frequently from place to place, may use lamps not exceeding three
and one-half inches in height, with spout not more than four and
one-half inches long, with opening not more than five-eights of an
inch in diameter. (Sec. 943; Penalty, Sec. 976.)
Sec. 962. [=Handling and storing of explosives.=] No workman shall
have at any one time more than one twenty-five pound keg of blasting
powder in the mine, nor more than three pounds of high explosives,
and no person shall keep blasting powder or explosives dangerously
near the electric wire or power cable in any part of the mine where
electric wires are in use. No blasting powder, or other explosive,
shall be stored in any mine except as above provided.
[=Explosives kept in boxes.=] Every person who has powder or other
explosives in a mine shall keep same in a wooden box, or boxes,
securely locked, and said boxes shall be kept at least five feet
from the track, and no two powder boxes shall be kept within
twenty-five feet of each other, nor shall blasting powder and high
explosives be kept in the same box, and in no case shall detonating
caps be kept in a box with blasting powder or high explosives.
[=Fire must be kept from explosives.=] Whenever a workman is about
to open a box, package or keg containing powder or other explosives,
and while handling the same, he shall place and keep his lamp at
least five feet distant from said explosives, and in such position
that the air current cannot convey sparks to it; and no person shall
approach nearer than five feet to any open box, keg or package
containing powder or other explosives, or within five feet of
another person handling such explosives, with a lighted lamp,
lighted pipe, or other thing containing fire.
[=Conveying of explosives.=] Blasting powder or explosives must not
be taken into or out of a mine, or moved from place to place in a
mine along any entry or haulway where there are electric wires,
while the power is on such wires, except when such powder or
explosive is conveyed in insulated cars or packages.
[=Explosives and tools on cages or stairways.=] Powder, explosives
and working tools shall not be taken down or up a hoisting shaft in
a cage when men are going down or up; nor shall they be taken down
or up a stairway used for ingress and egress of persons. (Sec. 956,
963; Penalty, Sec. 976.)
Sec. 963. [=Squibs and fuses; missed shots.=] Any workman who is
about to fire a shot with a squib, shall not shorten the fuse,
saturate it with oil, or ignite it except at the extreme end; he
shall see that all persons are out of danger from the probable
effects of such shot, and if it be a rib shot, he shall notify the
person or persons working next to him on said rib before firing said
shot, and shall take measures to prevent any one approaching by
shouting "fire" immediately before lighting the fuse.
When a squib is used and a shot misses fire, no person shall return
until five minutes shall have elapsed.
When a fuse is used and a shot misses fire, no person shall return
until one hour for each foot of fuse used shall have elapsed.
The needle used in preparing a blast shall be made of copper, and
the tamping bar shall be made of wood, or shall be tipped with at
least five inches of solid copper.
No inflammable material, or any material that may create a spark,
shall be used for tamping, and some soft material must always be
placed next to the cartridge or explosive. When it is necessary to
tamp dynamite, nothing but a wooden tamper shall be used. (Sec. 956,
962; Penalty, Sec. 976.)
=RELATING TO PERSONS NOT EMPLOYES.=
Sec. 964. [=Persons not employes of a mine.=] Persons not employes
of a mine, except those permitted by law, shall not enter such mine
or go upon the property connected therewith, unless consent of the
owner, lessee or agent has been secured, and then only when
accompanied by a guide furnished by such owner, lessee or agent.
This, however, shall not prohibit persons seeking employment at such
mine, or the duly authorized representatives of the employes, from
entering upon the property as may be necessary to make such
application to the proper authority or to transact business,
provided such persons do not enter the mine until given permission
to do so, and do not stand on the tracks, go near the machinery, or
other place of danger. (Penalty, Sec. 976.)
=GENERAL PROVISIONS.=
Sec. 965. [=Qualifications of miner.=] Each person desiring to work
by himself at mining or loading, shall first produce satisfactory
evidence, in writing, to the mine-foreman of the mine in which he is
employed, or to be employed, that he has worked at least nine months
with, under the direction of, or as a practical miner; provided,
however, if the mine in which such person is to be employed
generates explosive gas, or fire-damp, he shall have worked not less
than twelve months with, under the direction of, or as a practical
miner. Except as hereinafter provided, until a person has so
satisfied the mine-foreman of his competency, he shall not work, or
be permitted to work at mining or loading unless accompanied by a
competent miner.
[=Inexperienced miner.=] The provisions of this section shall not
prohibit a person not so qualified from working in a mine by
himself, or with another inexperienced person, when such person or
persons work under the direction of a competent overseer, as
hereinafter prescribed. Until such person or persons have been
employed in a mine for a period of not less than three months, the
overseer shall visit the working place of such persons not less
frequently than once in each four hours that such persons are in the
mine, and instruct them as to their work and safety, and assist them
in caring for their safety. After such persons have been employed in
a mine for a period of three months, and until they have been
employed not less than six months, the overseer shall examine the
working place not less frequently than once during each six hours
that such persons are in the mine, and shall instruct them as to
their work and safety, and assist them in caring for their safety.
After such persons have been employed in a mine for a period of not
less than six months, the overseer shall examine the working place
not less than once each day until such persons become qualified by
having worked the period of time hereinbefore provided. The overseer
shall instruct such persons not to handle or use any explosives,
except in his presence, until they have been employed in a mine not
less than three months, and not then until he is satisfied that such
persons are fully competent to handle and use same with safety. The
overseer shall visit the working place of such persons oftener than
required herein, when, in his judgment, it is necessary to do so for
the proper safety of such persons. (Sec. 954; Penalty, Sec. 976.)
Sec. 966. [=Oath and bond of weigh-master.=] Any person employed to
weigh coal at a mine in which ten or more miners are employed, and
upon the weight of which the earnings of the miners depend, shall
take and subscribe to an oath before an officer authorized to
administer the same, that he will correctly weigh all coal taken
from such mine under existing contracts between the owner, lessee or
agent, and the miners, and give due credit for same; and when
required by existing contracts between the lessor and lessee, he
shall give due credit to such lessor. He shall also give a bond in
the sum of three hundred dollars, with two sureties approved by the
clerk of the township in which such mine is situated, conditioned
for the faithful discharge of his duties, and payable to the state,
with the oath indorsed thereon, which shall be deposited with such
township clerk. (Penalty, Sec. 976.)
Sec. 967. [=Examination of machinery, ventilating current, etc., by
miner or owner.=] The miners employed in a mine may appoint two of
their number to act as a committee to inspect, not oftener than once
in every month, the mine and the machinery connected therewith, and
to measure the ventilating current. If the owner, lessee or agent so
desires, he may accompany such committee or appoint two or more
persons for that purpose. The owner, lessee or agent shall afford
every necessary facility for making such inspection and measurement,
but the committee shall not in any way interrupt or impede the work
in the mine at the time of such inspection and measurement. Within
ten days after the inspection and measurement, such committee shall
make a correct report thereof to the chief inspector of mines, on
blanks furnished by him. (Sec. 906; Penalty, Sec. 976.)
Sec. 968. [=Appropriation of land for mines, how made.=] The owner,
lessee or agent of a coal mine, may, when such owner, lessee or
agent does not own or control suitable surface ground for openings
for the ingress and egress of persons employed therein, for the
means of ventilation as provided for in this act, for the means of
draining said mine as may best protect the lives and health of the
persons employed therein, for the protection of the employes and
property, for conducting the water from the mine to any natural
water course, or for suitable roadway from any opening to a public
highway, appropriate as hereinafter provided, for any one or more of
such purposes any required intervening or adjoining lands, and make
openings, lay pipe for conducting water, and maintain roadways into,
upon, over, under or through same, provided that no land shall be
appropriated for a roadway more than twenty feet in width, and no
land for any other one of such purposes in excess of one-quarter of
an acre. Such owner, lessee or agent, whether a corporation, firm or
individual, shall be governed in proceedings to appropriate such
land by the laws relating to the appropriation of private property
by corporation; but no land shall be so appropriated unless the
court is satisfied that suitable land cannot be obtained upon
reasonable terms.
Sec. 969. [=Examination and survey of mine by owner of land
adjoining.=] Each person owning land adjoining a mine worked for the
production of coal, and each person interested in such mine, who has
reason to believe that the protection of his interests therein or in
the coal on his adjoining land requires it, upon making affidavit to
that effect before a justice of the peace or other proper officer,
may enter such mine and have an examination or survey of it made,
after giving three days' notice, in writing, to the owner, lessee or
agent of such mine. Such examination shall be made at such time, and
in such manner, as will least interfere with the working of the
mine.
[=Transportation of surveying party.=] When the affidavit has been
made, and notice given, as provided in the foregoing, upon the
application of the person giving the notice, the person in charge of
such mine shall transport, by the ordinary method for entrance and
exit in use at such mine, a surveying party of not more than three
persons, furnish them a competent guide, and supply them with
necessary and proper lamps. The person in charge of the mine shall
be paid by the person requesting the survey, fifty cents for each
person so transported, and five dollars per day for guide; but, if
the shaft, (if such mine be a shaft mine), exceed two hundred and
fifty feet in depth, he shall be paid one dollar for each person so
transported.
[=Liability for damages caused by examination.=] If the owner or
lessee of such mine sustain damage for which compensation should be
made because such examination or survey was made at unreasonable
times, or in an improper or unwarrantable manner, the person making,
such examination or survey, or causing it to be made, shall be
liable therefor to such owner or lessee.
[=Forfeiture.=] The persons owning or operating a mine shall not
hinder or obstruct such examination or survey, if made at a
reasonable time, and in a reasonable manner, and as provided by law.
[=To whom provisions concerning examination and survey available.=]
The preceding provisions for examination and survey shall be
available to any person, who, on his oath, states that he is the
owner, or authorized agent of an owner, of land which he believes
contains coal or commercial products adjacent to the underground
working of a mine, although it does not adjoin the property of such
mine.
[=Action for refusal to permit examination.=] Upon the refusal of
the owner, lessee or agent of a mine to comply with the provisions
of this section, the person who makes the application for the survey
may recover judgment as upon default, in a court of competent
jurisdiction, against the owner, lessee or agent, in such sum as he
declares under oath that he believes to be justly due him for coal
belonging to him taken by the owner, lessee or agent of the mine
without his permission, and the statute of limitations shall not run
against such claim, but the demand, and refusal of permission to
enter such mine, must be first proven to the satisfaction of the
court or jury.
Sec. 970. [=Checkweighman for miners.=] The miners employed at a
mine where the earnings of such miners depend upon the weight of
coal mined, may, at their own cost, designate or appoint a competent
person as checkweighman, who, at all proper times, shall have full
right of access to and examination of the scales, machinery or
apparatus used at such mine to determine the correct weight of coal
mined, and whose duty shall be to see the coal weighed and to make a
correct record of such weights. Not more than one person, however,
on behalf of the miners collectively shall have such right at the
same time.
[=Checkweighman for landowners.=] The landowners, or other persons
interested in the rental or royalty at such mine, may, at their own
cost, designate or appoint a competent person to act as
checkweighman for them, who shall have the same rights as the
checkweighman for the miners. Not more than one person, however, on
behalf of the landowners, or other persons interested in the rental
or royalty, jointly, shall have such right at the same time.
Checkweighmen shall not interfere with the use of or tamper with
such scales, machinery or apparatus, nor make any false entry of any
weight, or in any manner exceed the duties prescribed herein.
[=Check-measurer.=] The miners employed at a mine where the earnings
of such miners depend upon measurements, may, at their own cost,
designate or employ, not more than one of their number as
check-measurer to accompany each mine-foreman or other person making
the measurements and see them make such measurements, and make a
correct record of same. Each mine-foreman or other person making
measurements may have a helper, but such helper shall not be
regarded as a person making measurements. The person or persons
designated as check-measurer shall not in any manner interfere with
or interrupt the work of the mine-foreman, or other person, while
making such measurements. (Penalty, Sec. 976.)
Sec. 971. [=Crossing public highway.=] Any person, firm or
corporation now or hereafter owning any land containing mineral,
coal, stone or clay, and over any portion of which shall pass any
state, county or township road or public highway, shall have the
right and are hereby authorized to drill, excavate, mine or quarry
through or under any such road; provided, however, that when any
excavation is to be made in such manner that the top or highest
level of such excavation will be extended within thirty feet
vertical distance of such road, then and in that case before said
work shall be commenced, such person, firm or corporation shall
execute and deliver to the board of county commissioners in case of
state or county roads, or to the township trustee in case of
township roads, a bond, with good and sufficient surety in such
amounts as shall be considered by said commission or trustees
sufficient to cover any damages that may accrue by reason of
excavating, mining or quarrying through or under any such road, the
same to be approved by said commissioners or trustees; conditioned
that while crossing over or mining or quarrying under any such road,
a safe and unobstructed passageway or road shall be kept open by
such person, firm or corporation for public use, and as soon as
practicable such road shall be fully restored to its original safe
and passable condition. When such crossing is made by excavation at
a depth of more than thirty feet below the surface of such road, the
person, firm or corporation making same shall be liable to the
county commissioners or township trustees for any damage that may
accrue by reason of such excavation, and shall be held to fully
repair any such damage and to restore such road to its original safe
and passable condition. The right to mine or quarry across or under
public highways as hereinbefore provided shall accrue to the owner,
lessee or agent of the land upon or through which such highway
passes. (Penalty, Sec. 976.)
=Right of action in case of accident.=
Sec. 972. In case of an injury to persons or property, occasioned by
a violation of any of the provisions of this act or any willful
failure to comply with any provisions of this act any owner, lessee
or agent of a mine, a right of action shall accrue to the person
injured, for any direct damage he may have sustained thereby. In
case of loss of life, by reason of such failure or willful neglect,
a right of action shall accrue to the widow, and children, or if
there be none such, then to the parents and next of kin, of the
person whose death was so caused, for like recovery of damages for
the injury they shall have sustained.
Each person who performs labor in opening or developing any coal
mine, mining coal, and labor connected therewith, shall have a lien
upon all the property of the person, firm or corporation owning,
constructing or operating such mine, for the value of such labor for
the full amount thereof, upon the same terms, as mechanic's liens
are secured and enforced. (103 O. Laws 67.)
=RELATING TO OIL AND GAS WELLS THROUGH COAL MEASURES.=
=Owner of well shall make and file map.=
Sec. 973. Any person, firm or corporation holding property in any
coal bearing or coal producing township, in any county of the state
of Ohio, either in fee, by virtue of a lease for oil or gas, mining
purposes since January first, 1900, or otherwise, whereon wells have
been drilled for oil, gas or test purposes, shall cause to be made
by a competent engineer, an accurate map on a scale of not less than
one inch to four hundred feet, showing on said map the location and
number of wells as near as the same can be located, that have been
drilled, whether or not any of such wells have been previously
abandoned, or were drilled and abandoned by former operators, who
have ever held the said property for oil, gas or mining purposes.
Said map shall show the name and address of the person, firm or
corporation owning said well or wells, the county and township, the
names of the adjoining property owners, and lines of the property
operated with the distances of the wells properly measured therefrom
and checked from the section and quarter section lines, as will be
necessary for an accurate survey. The map shall show all the
engineer's notations of angles, distances, starting point, or corner
stones, together with the numbers given the respective wells, giving
a legend as to the manner in which various abandoned or producing
wells, are designated. The original map shall be retained by the
owner or his agent, and one copy filed with the industrial
commission of Ohio, division of mines, said copy showing thereon the
sworn statement of the engineer making the map that same is correct.
=Well shall not be near mine opening.=
No oil well, gas well or test well shall be drilled nearer than
three hundred feet to any opening to a mine used as a means of
ingress or egress for persons employed therein, nor nearer than one
hundred feet to any building or inflammable structure connected
therewith, and actually used as a part of the operating equipment of
said mine.
=Persons drilling oil and gas wells in coal bearing or coal
producing townships.=
Any person, firm or corporation before drilling or causing to be
drilled any oil well, gas well or test well within the limits of any
coal producing township in any county of the state of Ohio, shall
first file an application with, the industrial commission of Ohio,
division of mines, on blanks to be furnished by said commission for
such purpose, and shall show the following: The name and address of
the applicant, the proper date, location of the proposed
well--giving the name of the property owner, section number,
township and county, the number of the proposed well, and signed by
an officer or agent of such operator. No well shall be commenced
until the applicant or operator has been granted a permit, which
shall be granted by the industrial commission of Ohio, division of
mines, under the following conditions:
=When well is adjacent to mine.=
If such proposed well is located within the limits directly adjacent
to mining operations, such limits to be determined by the industrial
commission of Ohio, division of mines, the application for permit
must be accompanied by a map showing the location of the proposed
well and answering the requirements in the preceding regulations for
mapping.
=When well is not adjacent to mine.=
If such proposed well is not located within the limits directly
adjacent to mining operations, but within the limits of any coal
producing or coal bearing township, the industrial commission of
Ohio, division of mines, shall grant a permit immediately upon
receipt of the application, providing the applicant is a responsible
person, firm or corporation. The industrial commission of Ohio,
division of mines, may at any time after the well is commenced, if
the responsibility of the applicant or operator is considered
doubtful, cause such operator or applicant to show proper guaranty
of his intention to fulfill the requirements of the section, or
cause all operations to cease forthwith. If any person, firm or
corporation continue drilling on property already surveyed in
accordance with the preceding requirements, a complete blue print or
copy of map shall be made at the end of each year ending June 30th,
showing the additional wells properly surveyed by a competent
engineer as above mentioned, and filed with the industrial
commission of Ohio, division of mines, not later than the following
first of September.
=When well is to be abandoned owner shall give notice.=
When any oil well, gas well or test well is to be abandoned, the
person, firm or corporation owning such well shall notify the
industrial commission of Ohio, division of mines, or the deputy oil
and gas well inspector of the district in which the well is located,
as many days in advance as will be necessary for the inspector to
arrange to be present at such abandonment. No well shall be
abandoned without an inspector being present, unless permission has
been first granted upon good cause shown, by the industrial
commission of Ohio, division of mines.
=Method of plugging well.=
When any oil well, gas well or test well is to be abandoned, it must
first be plugged in some secure manner above the oil or gas sand or
rock formation, either by placing or driving one or more good
seasoned wooden plugs, or a lead plug, as the case may require, so
that no gas or oil may escape, or any water or destructive matter
force itself into the oil or gas sand, or rock formation. Upon such
seasoned wooden plug or plugging material shall be filled at least
thirty feet of cement properly mixed with sand, or thirty feet of
good clay or rock sediment properly prepared.
If any well has passed through a workable vein or seam of coal, it
shall when it is abandoned be plugged in the following manner: A
seasoned wooden plug shall be driven to a point thirty feet below
the lowest workable seam of coal and the hole filled with cement to
a point at least twenty feet above this seam of coal, at which point
another wooden plug shall be placed and the hole filled for a
distance of twenty feet with cement or properly prepared clay, or
rock sediment. If there is more than one seam of coal the next seam
above must be plugged off in like manner.
=When well penetrates the excavations of any mine.=
In the event that a well being drilled penetrates the excavations of
any mine, it must be cased with casing of approximately the same
diameter as the diameter of the hole, the hole to be drilled thirty
feet or to solid slate or rock and not less than ten feet below the
floor of such mine, and the casing shall be placed in the following
manner: One string of casing shall be placed at a point above the
roof of said mine so as to shut off all of the surface water; then
the hole drilled through said mine and another string of casing put
in. The bottom of the second string of casing, or the one passing
through said mine, shall not be nearer than ten feet, or more than
thirty feet from the floor of the mine where it passes through the
same.
When any well which has been drilled is to be abandoned and has
passed through the excavations of any coal mine from which the
minable coal has not all been removed, the person, firm or
corporation owning said well shall leave in said well the casing
passing through said mine from a point not less than ten feet, nor
more than thirty feet below the floor of said mine, and extending
above the roof of said mine at least five feet. A seasoned wooden
plug shall be driven to a point at least forty feet below the floor
of the mine and the hole above said plug together with the casing
left in, which extends through the coal, shall be filled with
cement; then a seasoned wooden plug shall be driven on the top of
said casing, and the hole filled with cement for a distance of not
less than twenty feet.
=Interpretation--"coal bearing and coal producing township."=
A coal bearing or coal producing township of any county shall be
interpreted to mean any, township as a unit, in which coal is found
that, is being mined, or is of such thickness as to make it likely
to be mined at some future time. Any well drilled in such township,
whether or not it passes through any coal, the same being barren in
certain sections of such township, or the well being commenced below
the line of outcrop of the coal, will nevertheless be required to be
mapped and abandoned in accordance with the regulations and
provisions of this section as given above, which shall apply
uniformly throughout any coal bearing or coal producing township of
any county.
=RELATING TO ILLUMINATING OIL FOR MINES.=
=Composition of illuminating oil for use in mines.=
Sec. 974. No person, firm or corporation shall compound, sell or
offer for sale for illuminating purposes in any mine any oil other
than oil composed of not less than eighty-two per cent, of pure
animal or vegetable oil, or both, and not more than eighteen per
cent, pure mineral oil. The gravity of such animal or vegetable oil
shall not be less than twenty-one and one-half, and not more than
twenty-two and one-half degrees Baume scale, measured by Tagliabue
or other standard hydrometer, at a temperature of sixty degrees
Fahrenheit; the gravity of such mineral oil shall not be less than
thirty-four and not more than thirty-six degrees Baume scale,
measured by Tagliabue or other standard hydrometer at a temperature
of sixty degrees Fahrenheit, and the gravity of the mixture shall
not exceed twenty-five degrees Baume scale measured by Tagliabue or
other standard hydrometer at a temperature of sixty degrees
Fahrenheit. Each person, firm or corporation compounding oil for
illuminating purposes in any mine or mines, shall, before shipment
thereof is made, securely brand, stencil or paste upon the head of
each barrel or package, a label which shall have plainly printed,
marked or written thereon, the name and address of the person, firm
or corporation, having purchased same, the date of shipment, the
percentage and the gravity in degrees Baume scale, at a temperature
of sixty degrees Fahrenheit, of each of the component parts of
animal, vegetable and mineral oil contained in the mixture, and the
gravity in degrees Baume scale at a temperature sixty degrees
Fahrenheit of the mixture. Each label shall have printed thereon,
over the fac-simile signature of the person, firm or corporation
having compounded the oil, the following: "This package contains oil
for illuminating purposes in mines in the State of Ohio, and the
composition thereof as shown hereon is correct." Each person, firm
or corporation, manufacturing paraffine wax for illuminating
purposes in any mine, or mines, shall, before shipment thereof is
made, securely brand, stencil, or paste, upon the head of each
barrel, box, or case, containing small packages, the name and
address of the person, firm or corporation, manufacturing paraffine
wax therein contained, the name and address of the person, firm or
corporation, having purchased the same, and the date of shipment.
And each individual package contained within each barrel, box or
case, shall have plainly printed thereon the name of the product,
the name and address of the manufacturer thereof, together with the
melting point, fire test, and the percentage of oil and moisture of
the paraffine wax herein contained. But nothing herein contained
shall prohibit the manufacture, sale or use for illuminating
purposes in mines in this state, of paraffine wax with melting point
at from one hundred five to one hundred twenty-four degrees of heat
and minimum fire test not less than three hundred degrees
Fahrenheit, with not over four per cent, oil and moisture.
=Acetylene gas in mines.=
Sec. 974-1. It shall be lawful to use acetylene gas in lamps in
mines subject to the following conditions and restrictions: First,
no person or persons shall take into a mine a greater quantity of
calcium carbide than will be a reasonable supply for his own lamp
for one day's work. Second, no person shall deposit, or keep in his
possession in a mine any calcium carbide, or refuse from calcium
carbide, in anything except air-tight containers, and these
containers with their contents must be taken out of the mine at the
end of each day's work, or sooner, if possible. Third, no person or
persons, shall be allowed to use acetylene gas in lamps where there
are old or abandoned workings where large quantities of black damp
or other poisonous gases are liable to accumulate until such places
have been examined by a competent person and pronounced to be free
from foul or poisonous atmosphere.
=Other illuminants.=
Sec. 974-2. No person shall use in any mine any other illuminant
than those provided for in sections 974 and 974-1 of the General
Code, unless with the consent of the chief inspector of mines.
=Penalty.=
Sec. 974-3. Any person who knowingly uses, or any owner, lessee or
agent, who permits the use of any illuminant contrary to the
provisions of sections 974, 974-1 and 974-2, or any owner, lessee or
agent who permits any person to deposit, or keep in his possession,
in a mine any calcium carbide, or refuse from calcium carbide,
except as provided in said sections 974 and 974-1, upon conviction,
shall be fined not less than five nor more than ten dollars, and for
a second or any subsequent offense shall be fined not less than
twenty-five dollars nor more than one hundred dollars. (103 O.L.
25.)
Sec. 975. [=No oil for illuminating purposes in mines shall be sold
except oil prescribed in this act.=] No person, firm or corporation
shall sell or offer for sale, any oil for illuminating purposes in
any coal mine unless the barrel or package in which such oil was
received bears the label of the compounder as provided for in this
act. Each person, firm or corporation selling or offering for sale
any oil for illuminating purposes in any coal mine, shall, upon
request of any district inspector of mines, or of any officer or
duly authorized agent of any owner or lessee of a coal mine located
within two miles of the point where such oil is offered for sale,
submit such oil and the original containers for examination, and
upon request, give a sample of such oil from one or more original
containers selected by such inspector, officer or agent, for the
purpose of making a test thereof.
[=Adulteration of illuminating oil forbidden.=] No person shall
adulterate any oil either before or after taking same from the
original containers, and shall not alter, transfer, or re-use any
label placed upon any container.
[=Persons forbidden to use oil other than prescribed in this act.=]
No person shall use for illuminating purposes in any coal mine, any
oil other than the oil specifically provided for in this act. Each
person, while in a coal mine, shall, upon request of any district
inspector of mines, or any officer or duly authorized agent of the
owner or lessee, submit his lamp and supply of oil for examination,
and upon request, give sample of oil for purpose of making test
thereof, and state from whom purchased.
[=Provisions of this act shall apply only to oil used for open
lights.=] The provisions of this act relating to the compounding,
sale and use of oil for illuminating purposes in coal mines, shall
apply to oil used in lamps for open lights. The oil used in safety
lamps may be of such composition as will best serve the purpose.
(Sec. 944, 974; Penalty, Sec. 976.)
=RELATING TO PENALTIES.=
=County Coroner.=
Sec. 976. Any county coroner who, after receiving notice of a fatal
accident, or of an accident, which has resulted in the death of a
person, at, in, or around a mine, from the owner, lessee or agent of
such mine, or the chief inspector of mines, willfully refuses or
neglects to comply, so far as such provisions relate to him, with
the provisions of section nine hundred and twenty-one of the General
Code, shall, upon conviction thereof, be fined not less than
twenty-five dollars nor more than fifty dollars, at the discretion
of the court.
=Owner, lessee or agent.=
Any owner, lessee or agent of a mine, or any person, firm or
corporation opening a new mine, having written knowledge of a
violation of this act, who willfully refuses or neglects to comply
with the provisions of section nine hundred and twenty-two, nine
hundred and twenty-three, nine hundred and twenty-four, nine hundred
and twenty-five, nine hundred and twenty-six, nine hundred and
twenty-seven, nine hundred and twenty-eight, nine hundred
twenty-nine, nine hundred and thirty, nine hundred and thirty-one,
nine hundred and thirty-two, nine hundred and thirty-three, nine
hundred and thirty-four, nine hundred and thirty-seven, nine hundred
and thirty-eight, nine hundred and thirty-nine, nine hundred and
forty, nine hundred and forty-one, nine hundred and forty-two, nine
hundred and forty-three, nine hundred and forty-four, nine hundred
and forty-five, nine hundred and forty-six, nine hundred and
forty-seven, nine hundred and forty-eight, nine hundred and
forty-nine, nine hundred and fifty, or nine hundred and seventy-one
of the General Code, shall, upon conviction thereof, be fined not
less than twenty-five dollars nor more than fifty dollars, and for a
second or any subsequent offense shall be fined not less than fifty
dollars, nor more than one hundred dollars, at the discretion of the
court.
=Superintendent, mine-foreman or over-seer.=
Any superintendent, mine-foreman, foreman or overseer, who willfully
refuses or neglects to comply, so far as such provisions relate to
each of them with the provisions of section nine hundred and
fifty-one, nine hundred and fifty-two, nine hundred and fifty-three,
and nine hundred and fifty-four of the General Code, shall upon
conviction thereof, be fined not less than ten dollars nor more than
twenty-five dollars, and for a second or subsequent offense, shall
be fined not less than ten dollars nor more than twenty-five
dollars, or imprisoned not less than ten days nor more than twenty
days, or both, at the discretion of the court.
=Stableman; fire-boss; entering mine generating fire-damp before
reported safe, or going beyond danger signal.=
Any person or persons who willfully refuses or neglects to comply
with the provisions of section nine hundred and fifty-five of the
General Code, or enters a mine generating fire damp before it is
reported by the fire boss that it is safe for persons to enter, or
goes beyond a danger signal indicating an accumulation of fire damp,
as forbidden by the provisions of section nine hundred and
fifty-nine of the General Code, shall, upon conviction thereof, be
fined not less than twenty-five dollars nor more than fifty dollars,
and for a second or any subsequent offense shall be fined not less
than twenty-five dollars nor more than fifty dollars, or imprisoned
not less than ten days nor more than twenty days, or both, at the
discretion of the court.
=Employes of mines.=
Any person, or persons, who violates the provisions of sections nine
hundred and fifty-six, nine hundred and fifty-seven, nine hundred
and fifty-eight, nine hundred and sixty, nine hundred and sixty-one,
or nine hundred and sixty-two of the General Code, or violates the
provisions of section nine hundred and fifty-nine of the General
Code other than to enter a mine generating fire-damp before the fire
boss reports it safe, or to go beyond a danger signal indicating an
accumulation of fire-damp, shall, upon conviction thereof, be fined
not less than five dollars, nor more than ten dollars, and for a
second or any subsequent offense shall be fined not less than five
dollars nor more than ten dollars, or imprisoned not less than five
days nor more than ten days, or both, at the discretion of the
court.
=Persons not employes, qualification of miners, check-weighman,
check-measurer.=
Any person who willfully violates the provisions of sections nine
hundred and sixty-four, nine hundred and sixty-five, nine hundred
and sixty-six, nine hundred and sixty-seven, or nine hundred and
seventy of the General Code, or violates the provisions of section
nine hundred and fifty-nine of the General Code relating to
loitering and intoxicants, at, in or around a mine, shall, upon
conviction thereof, be fined not less than five dollars, nor more
than ten dollars, and for a second or any subsequent offense shall
be fined not less than five dollars nor more than ten dollars, or
imprisoned not less than five days nor more than ten days, or both,
at the discretion of the court.
=Drilling and operating oil and gas wells.=
Any person, firm or corporation who violates or willfully refuses or
neglects to comply with the provisions of section 973, shall, upon
conviction thereof, be fined not less than one hundred dollars, nor
more than five hundred dollars, and for a second or any subsequent
offense shall be fined not less than two hundred dollars and not
more than one thousand dollars, or imprisoned not less than thirty
days nor more than six months, at the discretion of the court. In
addition, if the material is pulled out of a well which was not
plugged in accordance with the provisions of section 973, the
person, firm or corporation causing such offense may be made to
clean out such well and properly plug the same, or pay the entire
reasonable cost of such work being done under orders of the
industrial commission of Ohio, division of mines, within thirty
days.
=Compounding oil for illuminating purposes in mines.=
Any person, firm or corporation who compounds, sells or offers for
sale to dealers any oil or paraffine wax; fish oil or any other
illuminant whatever, other than those specifically provided for in
section 974, General Code, unless with the consent and approval of
the chief inspector of mines, for illuminating purposes in any mine
in this state contrary to the provisions of sections nine hundred
and seventy-four and nine hundred and seventy-five of the General
Code, shall upon conviction thereof, be fined not less than fifty
dollars nor more than one hundred dollars and for a second or any
subsequent offense shall be fined not less than one hundred dollars
nor more than two hundred dollars, or imprisoned not less than
thirty days nor more than sixty days, or both, at the discretion of
the court.
=Sale of oil for illuminating purposes in mines.=
Any person, firm or corporation who sells, or offers for sale to any
employe of a mine for illuminating purposes in a mine any oil or
paraffine wax, fish oil or any other illuminant, other than those
specially provided for in section nine hundred and seventy-four of
the General Code, unless with the consent and approval of the chief
inspector of mines contrary to the provisions of section nine
hundred and seventy-four and nine hundred and seventy-five of the
General Code, shall upon conviction thereof, be fined not less than
twenty-five dollars nor more than fifty dollars, and for a second or
any subsequent offense shall be fined not less than twenty-five
dollars nor more than fifty dollars, or imprisoned not less than ten
days nor more than twenty days, or both, at the discretion of the
court.
=Using oil for illuminating purposes in mines.=
Any person who knowingly uses for illuminating purposes in a mine,
any oil or paraffine wax, fish oil or any other illuminant whatever
other than those specially provided for in section nine hundred and
seventy-four of the General Code, unless with the consent and
approval of the chief inspector of mines, contrary to the provisions
of sections nine hundred and seventy-four and nine hundred and
seventy-five of the General Code, shall, upon conviction thereof, be
fined not less than five dollars nor more than ten dollars, and for
a second or any subsequent offense shall be fined not less than five
dollars nor more than ten dollars, or imprisoned not less than five
days nor more than ten days, or both, at the discretion of the
court.
(934-1a.)
=REGULATING AND PROHIBITING SOLID SHOOTING.=
=Failure to obtain permit; penalty.=
Sec. 976-1. Whoever being engaged in the operation of a coal mine
causes or permits any solid shooting to be done therein without
having first obtained a permit to do so from the industrial
commission of Ohio shall be fined in a sum not exceeding one hundred
dollars.
=Permit must be obtained.=
Sec. 976-2. A permit to do solid shooting may be issued by the
industrial commission of Ohio in the case of any mine when
application shall be made therefor by the owner, lessee or person
engaged in the operation thereof and by a majority of the miners
employed therein, and when such industrial commission shall be
satisfied that such method of blasting is necessary for the just and
reasonably profitable operation of such mine. Such permit may be
revoked at any time by said commission after sixty days' notice in
writing to such owner, lessee or person operating such mine. Any
person in interest who is dissatisfied with any order of said
industrial commission made under the power conferred upon it by this
section, may commence an action to set aside, vacate or amend such
order in the same manner and for the same reason as other orders of
such commission may be set aside, vacated or amended.
=Each section declared to be independent section.=
Sec. 976-3. Each section of this act is hereby declared to be an
independent section and the holding of any section to be void or
ineffective for any cause shall not be deemed to affect any other
section thereof.
=RELATING TO FINES COLLECTED, PROSECUTIONS, WHEN ACT SHALL TAKE
EFFECT, AND REPEALS.=
Sec. 977. [=Fines collected.=] All fines collected by reason of
prosecutions begun under the provisions of this act, shall be paid
to the chief inspector of mines, and by him paid into the state
treasury.
Sec. 978. [=Prosecutions; how controlled.=] Any prosecutions begun
under the provisions of this act shall be controlled by sections
thirteen thousand four hundred and twenty-three and thirteen
thousand four hundred and thirty-two to thirteen thousand four
hundred and thirty-nine inclusive of the General Code.
=REGULATION OF WEIGHING OF COAL.=
=Miner to be paid for all coal contained within car.=
Sec. 978-1. Every miner and every loader of coal in any mine in this
state who under the terms of his employment is to be paid for mining
or loading such coal on the basis of the ton or other weight shall
be paid for such mining or loading according to the total weight of
all such coal contained within the car (hereinafter referred to as
mine car) in which the same shall have been removed out of the mine
unless otherwise agreed between employer and miner or loader.
=Department of Industrial Relations to determine percentage of
impurity.=
Sec. 978-2. Said industrial commission shall ascertain and determine
the percentage of slate, sulphur, rock, dirt, or other impurity
unavoidable in the proper mining or loading of the contents of mine
cars or coal in the several operating mines within this state
subject, however, to the right of the employer and miner or loader
in any of such mines to make an agreement with reference thereto.
=Percentage of fine coal.=
Sec. 978-3. When there is no agreement between the miner or loader
of coal in any mine in this state and the operator thereof whereby
the miner or loader is to be paid for mining or loading coal other
than on the basis of the ton or other weight according to the total
weight of all such coal contained within the car it shall be the
duty of such miner or loader of coal and his employer to agree upon
and fix, for stipulated periods, the percentage of fine coal
commonly known as nut, pea, dust and slack allowable in the output
of the mine wherein such miner or loader is employed. At any time
when there shall not be in effect such agreed and fixed percentages
of fine coal allowable in the output of any mine, said industrial
commission shall forthwith upon request of such miner or loader or
his employer, fix, such allowable percentage of fine coal, which
percentage so fixed by said industrial commission shall continue in
force until otherwise agreed and fixed by such miner or loader and
his employer. Whenever said industrial commission shall find that
the total output of such fine coal at any mine for a period of one
month during which such mine shall have been operating while the
percentage of fine coal so fixed by said industrial commission has
been in force, exceeds the percentage so fixed by it, said
industrial commission shall at once make, enter and cause to be
enforced such order or orders relative to the production of coal at
such mine, as will result in reducing the percentage of such fine
coal, to the amount so fixed by said industrial commission.
Sec. 978-4. Said industrial commission shall, as to all coal mines
in this state, which have not been in operation heretofore, perform
the duties imposed upon it by the provisions hereof.
=Department of Industrial Relations may change percentage.=
Sec. 978-5. Said industrial commission shall have full power from
time to time, to change, upon investigation, any percentage by it
ascertained and determined or fixed, as provided in the preceding
sections hereof.
=Unlawful to use screen.=
Sec. 978-6. It shall be unlawful for the employer of a miner or
loader of the contents of any car of coal to pass any part of such
contents over a screen or other device, for the purpose of
ascertaining or calculating the amount to be paid such miner or
loader for mining or loading such contents, whereby the total weight
of such contents shall be reduced or diminished unless otherwise
agreed between employer and miner or loader. Any person, firm or
corporation violating the provisions of this section shall be deemed
guilty of a misdemeanor and upon conviction, shall be fined for each
separate offense not less than three hundred dollars nor more than
six hundred dollars.
=Loading impurity; penalty.=
Sec. 978-7. A miner or loader of the contents of a mine car,
containing a greater percentage of slate, sulphur, rock, dirt or
other impurity, than that ascertained and determined by said
industrial commission, as hereinbefore provided, shall be guilty of
a misdemeanor and upon conviction shall be punished as follows: for
the first offense within a period of three days he shall be fined
fifty cents; for a second offense within such period of three days
he shall be fined one dollar; and for the third offense within such
period of three days he shall be fined not less than two dollars nor
more than four dollars. Provided, that nothing contained in this
section shall affect the right of a miner or loader and his employer
to agree upon deductions by the system known as docking, on account
of such slate, sulphur, rock, dirt or other impurity.
=JURISDICTION.=
The following are the sections of the General Code referred to in
various sections of the mining law, and under which prosecutions
will be made.
=JURISDICTION.=
Sec. 13423. Justices of the peace, police judges and mayors of
cities and villages shall have jurisdiction, within their respective
counties, in all cases of violation of any law relating to:
1. Adulteration or deception in the sale of dairy products and other
food, drink, drugs and medicines.
2. The prevention of cruelty to animals and children.
3. The abandonment, non-support or ill treatment of a child by its
parent.
4. The abandonment or ill treatment of a child under sixteen years
of age by its guardian.
5. The employment of a child under fourteen years of age in public
exhibitions or vocations injurious to health, life or morals, or
which cause or permit it to suffer unnecessary physical or mental
pain.
6. The regulation, restriction or prohibition of the employment of
minors.
7. The torturing, unlawfully punishing, ill treating, or depriving
anyone of necessary food, clothing or shelter.
* * * * *
15. The prevention of short weighing and measuring and all
violations of the weights and measures laws.
(1080 O.L., 41.)
=JUSTICES, POLICE JUDGES AND MAYORS.=
Sec. 13432. [=When imprisonment is a part of the punishment a jury
shall be impaneled.=] In prosecutions before a justice, police judge
or mayor, when imprisonment is a part of the punishment if a trial
by jury is not waived the magistrate, not less than three days nor
more than five days before the time fixed for trial, shall certify
to the clerk of the court of common pleas of the county that such
prosecution is pending before him. (R.S. Sec. 3718a.)
Sec. 13433. [=Clerk's duties.=] Thereupon the clerk, in the presence
of representatives of both parties, shall draw from the jury wheel
or box containing the names of persons selected to serve as petit
jurors in the court of common pleas in such county, twenty names
which shall be drawn and counted in a like manner as for jurors in
the court of common pleas. The clerk shall forthwith certify the
names so drawn to the magistrate, who, thereupon, shall issue to any
constable, chief of police or marshal in the county a venire
containing the names of the persons to serve as jurors in the case
and make due return thereof. (R.S. Sec. 3718a.)
Sec. 13434. [=Jurors.=] The jurors shall be subject to like
challenges as jurors in criminal cases, except capital cases in the
court of common pleas. If the venire is exhausted without obtaining
the number required to fill the panel, the magistrate shall fill the
panel with talesmen in the manner provided for criminal cases in the
court of common pleas. (R.S. Sec. 3718a.)
Sec. 13435. [=Second or subsequent offense.=] In such prosecutions,
where a different punishment is provided for a second or subsequent
offense, the information or affidavit upon which the prosecution is
based, must charge that it is the second or subsequent offense or
the punishment shall be as for the first offense. (R.S. Sec. 3781a.)
Sec. 13436. Repealed. (108 O.L., 1203.)
Sec. 13437. [=New trial.=] In such prosecutions, if there is a
verdict for conviction, a new trial may be granted for like reasons
and subject to like conditions as a new trial in criminal cases in
the court of common pleas. (R.S. Sec. 3718a.)
Sec. 13438. [=Fees of jurors and witnesses.=] In such prosecutions,
the jurors shall be entitled to the same mileage and fees as in the
criminal cases in the court of common pleas. (R.S. Sec. 3718a; Am.
108 O.L., 1221.)
Sec. 13439. [=Costs.=] In such prosecutions, no costs shall be
required to be advanced or secured by a person authorized by law to
prosecute. (R.S. Sec. 3718a; Am. 108 O.L., 1221.)
=RELATIVE TO EMPLOYMENT OF MINORS.=
=Sixteen years: age limit for following occupations.=
Sec. 13001. No child under the age of sixteen years shall be
employed, permitted or suffered to work at any of the following
occupations or any of the following positions: (1) adjusting any
belt to any machinery; (2) sewing or lacing machine belts in any
workshop or factory; (3) oiling, wiping or cleaning machinery or
assisting therein; (4) operating or assisting in operating any of
the following machines (a) circular or band saws; (b) wood shapers;
(c) wood jointers; (d) planers; (e) sandpaper or woodpolishing
machinery; (f) woodturning or boring machinery; (g) picker machines
or machines used in picking wool, cotton, hair or any other
material; (h) carding machines; (i) paper-lace machines; (j)
leather-burnishing machines; (k) job or cylinder printing presses
operated by power other than foot power; (l) boring or drill
presses; (m) stamping machines used in sheetmetal and tinware, or in
paper and leather manufacturing, or in washer and nut factories; (n)
metal or paper cutting machines; (o) corner staying machines in
paper box factories; (p) corrugating rolls, such as are used in
corrugated paper, roofing or washboard factories; (q) steam boilers;
(r) dough brakes or cracker machinery of any description; (s) wire
or iron straightening or drawing machinery; (t) rolling mill
machinery; (u) power punches or shears; (v) washing, grinding or
mixing machinery; (w) calendar rolls in paper and rubber
manufacturing; (x) laundering machines; (y) burring machinery; (5)
or in proximity to any hazardous or unguarded belts, machinery or
gearing; (6) or upon any railroad, whether steam, electric or
hydraulic; (7) or upon any vessel or boat engaged in navigation or
commerce within the jurisdiction of this state.
=Sixteen years: age limit for following industries.=
Sec. 13002. No child under the age of sixteen years shall be
employed, permitted or suffered to work in any capacity (1) in,
about or in connection with any processes in which dangerous or
poisonous acids are used; (2) nor in the manufacture or packing of
paints, colors, white or red lead; (3) nor in soldering; (4) nor in
occupation causing dust in injurious quantities; (5) nor in the
manufacture or use of dangerous or poisonous dyes; (6) nor in the
manufacture or preparation of compositions with dangerous or
poisonous gases; (7) nor in the manufacture or use of compositions
of lye in which the quantity thereof is injurious to health; (8) nor
on scaffolding; (9) nor in heavy work in the building trades; (10)
nor in any tunnel or excavation; (11) nor in, about or in connection
with _any mine, coal breaker, coke oven, or quarry_; (12) nor in
assorting, manufacturing or packing tobacco; (13) nor in operating
any automobile, motor car or truck; (14) nor in a bowling alley;
(15) nor in a pool or billiard room; (16) nor in any other
occupation dangerous to the life and limb or injurious to the health
or morals of such child.
=Employer to furnish satisfactory evidence of age.=
Sec. 13007-1. An inspector of factories, attendance officer, or
other officer charged with the enforcement of the laws relating to
the employment of minors or school attendance may make demand on any
employer in or about whose place or establishment or material or
equipment a person apparently under the age of eighteen years is
employed or permitted or suffered to work, and whose employment
certificate is not filed as required by this act, that such employer
shall furnish him satisfactory evidence that such person is in fact
over eighteen years of age. The inspector of factories, attendance
officer, or other officer charged with the enforcement of such laws,
shall require from such employer unless an overage certificate is
held by the employe the same evidence of age of such child as is
required upon the issuance of an age and schooling certificate.
Failure of such employer to produce such evidence shall be deemed a
violation of the laws relating to the employment of minors.
=Failure to produce satisfactory evidence of age.=
Sec. 13007-2. In case any employer shall fail to produce and deliver
to a factory inspector, truant officer, or other officer charged
with the enforcement of this act, within ten days after demand made
pursuant to section 13007-1 of this act, the evidence of age therein
required, proof of the making of such demand and of such failure to
produce and file such evidence shall be prima facie evidence of the
illegal employment of such child in any prosecution brought
therefor.
=Age and schooling certificate; by whom approved.=
Sec. 7766. An age and schooling certificate may be issued only by
the superintendent of schools and only upon satisfactory proof that
the child to whom the certificate is issued is over sixteen years of
age and has satisfactorily passed a test for the completion of the
work of the seventh grade, provided that residents of other states
who work in Ohio must qualify as aforesaid with the proper school
authority in the school district in which the establishment is
located, as a condition of employment or service.
Any such age and schooling certificate may be issued only upon
satisfactory proof that the employment contemplated by the child is
not prohibited by any law regulating the employment of such
children; and when the employer of any minor for whom such age and
schooling certificate shall have been issued shall keep such age and
schooling certificate on file as provided by law, the provisions of
section 6245-2, General Code, shall not apply to such employer in
respect to such child while engaged in an employment legal for a
child of the given sex and of the age stated therein.
Age and schooling certificate forms shall be formulated by the
superintendent of public instruction, and except in cases otherwise
specified by law must be printed on white paper. Every such
certificate must be signed in the presence of the officer issuing it
by the child in whose name it is issued. Blank certificates shall be
furnished by the superintendent of public instruction upon request.
Sec. 7766-1. The superintendent of schools shall not issue such
certificate until he has received, examined, approved and filed the
following papers duly executed:
(1) The written pledge or promise of the person, partnership or
corporation to legally employ the child, to permit him to attend
school as provided in section 7767, General Code, and to return to
the superintendent of schools the age and schooling certificate of
the child or give notice of the non-use thereof within two days from
the date of the child's withdrawal or dismissal from the service of
that person, partnership or corporation, giving the reasons for such
withdrawal or dismissal.
(2) The school record of the child, properly filled out and signed
by the person in charge of the school which the child last attended;
giving the recorded age of the child, his address, standing in
studies, rating in conduct, and attendance in days during the school
year of his last attendance, and if that was not a full year, during
the preceding school year.
(3) Evidence of the age of the child as follows:
(a) The birth certificate of the child (or duly attested transcript
thereof) issued near the date of the birth of the child by the
registrar of vital statistics of Ohio, or by a similar officer
charged with the duty of recording births in another state or
country, shall be conclusive evidence of the age of the child.
(b) In the absence of such certificate, a passport (or duly attested
transcript thereof) showing the date and place of birth of the
child, filed with a register of passports at a port of entry of the
United States; or a duly attested transcript of the certificate of
birth or baptism or other religious record, showing the date and
place of birth of the child, shall be conclusive evidence of the age
of the child.
(c) In case no one of the above proofs of age can be produced, other
documentary evidence (except the affidavit of the parent, guardian
or custodian) satisfactory to the superintendent of schools may be
accepted in lieu thereof.
(d) In case no documentary proof of age can be procured, the
superintendent may receive and file an application signed by the
parent, guardian or custodian of the child that a physician's
certificate be secured to establish the sufficiency of the age of
the child. Such application shall state the alleged age of the
child, the place and date of birth, his present residence, and such
further facts as may be of assistance in determining the age of the
child, and shall certify that the person signing the application is
unable to obtain any of the documentary proofs specified in (a), (b)
and (c) above.
If the superintendent of schools is satisfied that a reasonable
effort to procure such documentary proof has been without success
such application shall be granted and the certificate of the school
physician or if there be none, of a physician employed by the board
of education, that said physician is satisfied that the child is
above the age required for an age and schooling certificate as
stated in section 7766, General Code, shall be accepted as
sufficient evidence of age.
(4) A certificate from the school physician or physician designated
by him, or if there be no school physician from the district health
commissioner, or physician designated by him, showing after a
thorough examination that the child is physically fit to be employed
in such occupations as are not prohibited by law for a boy or girl,
as the case may be, under eighteen years of age.
But a certificate with the word limited written, printed or stamped
diagonally across its face may be furnished by the school physician
or other person indicated in the above sentence, and accepted by the
superintendent of schools in issuing a "limited" age and schooling
certificate provided in section 7766-3, General Code, showing that
the child is physically fit to be employed in some particular
occupation not prohibited by law for a boy or girl as the case may
be of the child's age which the child contemplates entering even if
the child's complete physical ability to engage in any occupation as
required in the preceding sentence cannot be vouched for.
Sec. 7766-2. When an age and schooling certificate, returned
according to section 7766-1, General Code, is reissued, the pledge
of the new employer and certificate from the school physician or
other person in his stead shall be secured and filed.
Sec. 7766-3. The age and schooling certificate provided in section
7766, General Code, shall be issued only with the word "limited"
printed or stamped diagonally across its face if the certificate of
the physician provided in section 7766-1 or 7766-2, General Code, is
a limited certificate and in that case the particular employment to
which it is limited shall be stated in the certificate, and the
certificate cannot serve as the legal age and schooling certificate
for employment in another occupation. Such limited certificate shall
be printed on pink paper.
Sec. 7766-4. In order to ascertain whether applicants for age and
schooling certificates have satisfactorily completed the school work
prescribed in section 7766, General Code, the board of education of
any city school district may appoint a juvenile examiner who shall
receive such compensation as may be fixed by the board of education.
When such a juvenile examiner is employed no such certificate shall
be granted by the superintendent of schools of the district unless
the juvenile examiner has certified that he has examined the child
and that the child has passed to his satisfaction the grade test as
provided by section 7766, General Code, provided, however, that if a
child in the opinion of said juvenile examiner is below the normal
in mental development so that he cannot with further schooling and
due industry pass such test, such fact shall be certified to by said
examiner and the superintendent of schools shall grant the child an
age and school certificate printed on yellow paper with the words
"Retarded-Schooling not Standard" written, printed or stamped
diagonally across the face; and provided, further, that if the
juvenile examiner is satisfied that the standard of any school is
sufficiently high, he may accept the records thereof as showing that
a child has passed the required test. In case no juvenile examiner
is employed the superintendent of schools may proceed and determine
in like manner; if after proper tests he determines that a child is
below normal in mental development to the extent specified above, he
shall grant such a "retarded" age and schooling certificate. If a
child who desires an age and schooling certificate is granted a
"retarded" certificate but secures only a limited health
certificate; the word "limited" shall be written or stamped across
the face of the "retarded" certificate and the limited "retarded"
certificate shall be on yellow paper; in which case the certificate
shall show to what employment it is limited.
Sec. 7766-5. A record giving all the facts contained in every age
and schooling certificate issued shall be kept on file in the office
issuing the same; and also a record of the names and addresses of
the children to whom certificates have been refused, together with
the names of the schools and grades which such children should
attend and the reasons for the refusals; and also a record of all
certificates returned or no longer used, as provided in sections
7766-1, (1), 7766-6 or 7766-9, General Code, with the reasons
therefor, and the subsequent assignment of the child to a school, if
any; and also a record of the conditions on which any certificates
were issued, and there shall be kept on file also the pledges given
in connection therewith; and also a record of the special facts
connected with the issuing of "retarded" or limited certificates.
The superintendent of public instruction shall have the power to
prescribe methods of filing of all such facts, records and papers,
for purposes of effective reference. The above-named record is
nevertheless not required in the cases of certificates denied to
those determined immediately at the time of inquiry to be of
insufficient age.
Sec. 7766-6. The superintendent of schools may issue a vacation
certificate to a boy or girl under eighteen years of age and over
fourteen years of age which shall permit him to be employed within
the restrictions of other statutes during the summer school vacation
up to August 25th, in occupations not forbidden by sections 13001,
13002 or 13007-3, General Code, to children of his age and sex,
regardless of what schooling he has completed, but before such
certificate is issued the requirements prescribed in section 7766-1
with relation to health, written pledge of employment, and proof of
age must be complied with. Such vacation certificate shall be
printed on blue or blue-tinted paper and the word "vacation" shall
be printed or stamped across its face; such certificate shall
include a statement of the school and grade in which the child is
enrolled. Such certificates must be returned to the superintendent
of schools by employers within the same period and under the same
penalties as regular age and schooling certificates and may be
revoked by the superintendent of schools at any time because of the
physical condition of the child or other sufficient cause.
If a child who desires a vacation age and schooling certificate
secures only a limited health certificate the word "limited" shall
be written or stamped across the face of the vacation certificate
and the limited vacation certificate shall be on blue or blue-tinted
paper; in which case the certificate shall show to what employment
it is limited.
Sec. 7766-7. Whenever the school record of a child as specified in
section 7766-1, General Code, is required for the purpose of
determining his eligibility to an age and schooling certificate,
such record shall be furnished by the superintendent, principal,
teacher or other official in charge of the public, private or
parochial school attended by the child within two days after a
request for the same is made by the parent, guardian or custodian of
the child.
Sec. 7766-8. Whenever an age and schooling certificate is applied
for by a child over sixteen years of age who is unable to
satisfactorily pass a test for the completion of the work of the
seventh grade and who is not so below the normal in mental
development that he cannot with further schooling and due industry
pass such a test, an age and schooling certificate with the words
"Conditional--Schooling not Standard" printed or stamped across its
face may be issued by the superintendent of schools to such child
upon proof acceptable to such superintendent of schools of the
following facts and upon agreement to the respective conditions made
in writing by the child and by the parent, guardian or custodian in
charge of such child:
(A) Facts to be proved:
That the child is addicted to no habit which is likely to detract
from his reliability or effectiveness as a worker, or proper use of
his earnings or leisure, or the probability of his faithfully
carrying out the conditions to which he agrees as specified in (B)
below, and in addition any one of the following groups of facts--
(1) That the child has been a resident of the school district for
the last two or more years, has diligently attended upon instruction
at school for the last two years or more, and is able to read, write
and perform the fundamental operations of arithmetic. These
abilities shall be judged by the juvenile examiner or if there be
none, by the superintendent of schools.
(2) That the child having been a resident of the school district
less than two years, diligently attended upon instruction in school
in the district or districts in which the child was a resident next
preceding his residence in the present district for the last school
year preceding his removal to the present district, and has
diligently attended upon instruction in the schools of the present
school district for the period that he has been a resident thereof.
(3) That the child has removed to the present school district since
the beginning of the last annual school session, and that
instruction adapted to his needs is not provided in the regular day
schools in the school district.
(4) That the child is not sufficiently familiar with the English
language to be properly instructed in the full-time day schools of
the district.
(5) That the child is needed for the support or care of a parent or
parents or for the support or care of brothers or sisters for whom
the parents are unable to provide and that the child is desirous of
working for the support or care of such parents or siblings and that
such child cannot render such needed support or care by a reasonable
effort outside of school hours. But no age and schooling certificate
shall be granted to a child upon proof of the facts in the preceding
sentence without written consent given to the superintendent of
schools by the judge of the juvenile court and by the board of state
charities.
(B) Conditions to be agreed to:--
(1) In case the certificate is granted under facts (1), (2), (3) or
(5) above, that until reaching the age of eighteen years the child
will diligently attend in addition to part-time classes, such
evening classes as will add to his education for literacy,
citizenship or vocational preparation which may be made available to
him in the school district and which he may be directed to attend by
the superintendent of schools, or in case no such classes are
available, that he will pursue such reading and study and report
monthly thereon as may be directed by the superintendent of schools.
(2) In case the certificate is granted under fact (4) above, that
until the age of twenty-one years or until the person is eighteen
years of age and has learned to read, write and speak the English
language, the said person will attend in addition to part-time
classes, such evening classes as will assist the person to learn the
American language or advance in Americanization which may be made
available to him in the school district and which he may be directed
to attend by the superintendent of schools. Such conditional age and
school certificate shall be printed on green paper. If a conditional
age and schooling certificate is at the same time a limited
certificate, the word "limited" shall be written or stamped
diagonally across the face and the provisions of section 7766-3,
General Code, shall apply except as to the color of the certificate.
Sec. 7766-9. A special age and schooling certificate which shall
permit a child to be employed during the hours that the school to
which the holder is assigned is not in session, other than the
summer vacation, or, where cooperative part-time classes approved by
the state board of education have been established, shall permit a
child to be employed on the alternate days, weeks, or periods, on
which his division is assigned to such part-time employment may be
issued to a child above fourteen years of age under all of the
conditions other than age and education which apply to a regular age
and schooling certificate and such additional conditions as the
superintendent of schools may deem necessary. Such special age and
schooling certificate shall entitle such child to engage in
occupations not forbidden to such children by section 13001, 13002
or 13007-3, General Code. Provided, however, that said sections
13001, 13002 and 13007-3, shall not be interpreted in such a way as
to prevent any pupil from working on any properly guarded machine in
the manual training department of any school when such work is
performed under the personal supervision of an instructor.
No child under sixteen years of age shall be engaged in school and
employment above nine hours altogether in any one day.
Every special age and schooling certificate shall be limited and
specific and shall be in such form as will show all essential facts,
and the form thereof or directions for recording the facts thereon
may be prescribed by the superintendent of public instruction.
Such certificate shall be printed on light brown paper.
Such certificate shall be returned to the superintendent of schools
on or before the day that school adjourns for the summer vacation
except when the co-operative part-time classes continue during the
summer vacation. They shall be filed and returned by employers under
the same conditions and penalties as apply to regular age and
schooling certificates.
(H.B. No. 111--109 O.L., 376.)
=CREATING THE DEPARTMENT OF INDUSTRIAL RELATIONS.=
Sec. 154-1. In order that the governor may exercise the supreme
executive power of the state vested in him by the constitution and
adequately perform his constitutional duty to see that the laws are
faithfully executed, the administrative functions of the state are
organized as provided in this chapter.
All powers vested in and duties imposed upon the lieutenant
governor, the secretary of state, the auditor of state, the
treasurer of state and the attorney general by the constitution and
the laws shall continue except as otherwise provided by this
chapter.
Sec. 154-2. As used in this chapter:
"Department" means the several departments of state administration
enumerated in section 154-3 of the General Code.
"Division" means a part of a department established as provided in
section 154-8 of the General Code, for the convenient performance of
one or more of the functions committed to a department by this
chapter.
The phrase "departments, offices and institutions" includes every
organized body, office and agency established by the constitution
and laws of the state for the exercise of any function of the state
government, and every institution or organization which receives any
support from the state.
Sec. 154-3. The following administrative departments are created:
The department of industrial relations, which shall be administered
by the director of industrial relations, hereby created;
* * * * *
The director of each department shall, subject to the provisions of
this chapter, exercise the powers and perform the duties vested by
law in such department.
Sec. 154-4. Each director whose office is created by section 154-3
of the General Code shall be appointed by the governor by and with
the advice and consent of the senate, and shall hold his office
during the pleasure of the governor.
Sec. 154-5. In each department there shall be an assistant director,
who shall be designated by the director to fill one of the offices
within such department, enumerated in section 154-6 of the General
Code, or as the head of one of the divisions created within such
department as authorized by section 154-8 of the General Code. When
a vacancy occurs in the office of director of any department, the
assistant director thereof shall act as director of the department
until such vacancy is filled.
Sec. 154-6. Offices are created within the several departments as
follows:
* * * * *
In the Department of Industrial Relations
Chiefs of divisions as follows:
Factory inspection
Labor statistics
Mines
* * * * *
Sec. 154-7. The officers mentioned in sections 154-5 and 154-6 of
the General Code shall be appointed by the director of the
department in which their offices are respectively created, and
shall hold office during the pleasure of such director.
Sec. 154-8. The officers mentioned in sections 154-5 and 154-6 of
the General Code shall be under the direction, supervision and
control of the directors of their respective departments, and shall
perform such duties as such directors shall prescribe.
With the approval of the governor, the director of each department
shall establish divisions within his department, and distribute the
work of the department among such divisions. Each officer created by
section 154-6 of the General Code shall be the head of such a
division.
With the approval of the governor, the director of each department
shall have authority to consolidate any two or more of the offices
created in his department by section 154-6 of the General Code, or
to reduce the number of or create new divisions therein.
The director of each department may prescribe regulations, not
inconsistent with law, for the government of his department, the
conduct of its employes, the performance of its business and the
custody, use and preservation of the records, papers, books,
documents and property pertaining thereto.
* * * * *
Sec. 154-14. Each officer whose office is created by sections 154-3,
154-5 and 154-6 of the General Code shall, before entering upon the
duties of his office, take and subscribe an oath of office as
provided by law and give bond, conditioned according to law, with
security to be approved by the governor in such penal sum as shall
be fixed by the governor, not less in any case than ten thousand
dollars. Such bond and oath shall be filed in the office of the
secretary of state.
The director of each department may, with the approval of the
governor, require any chief of a division created under the
authority of this chapter, or any officer or employe in his
department, to give like bond in such amount as the governor may
prescribe. The premium, if any, on any bond required or authorized
by this section may be paid from the state treasury.
Sec. 154-15. The director of each department may, with the approval
of the governor, establish and appoint advisory boards to aid in the
conduct of the work of his department or any division or divisions
thereof. Such advisory boards shall exercise no administrative
function, and their members shall receive no compensation, but may
receive their actual and necessary expenses.
Sec. 154-16. Each officer whose office is created by sections 154-3,
154-5 and 154-6 of the General Code shall devote his entire time to
the duties of his office, and shall hold no other office or position
of profit. In addition to his salary provided by law, each such
officer and each member of the boards and commissions in the
departments created by this chapter shall be entitled to his actual
and necessary expenses incurred in the performance of his official
duties.
Sec. 154-17. Each department shall maintain a central office in the
city of Columbus. The director of each department may, in his
discretion and with the approval of the governor, establish and
maintain, at places other than the seat of government, branch
offices for the conduct of any one or more functions of his
department.
Sec. 154-18. Each department shall adopt and keep an official seal,
which shall have engraved thereon the coat of arms of the state as
described in section thirty of the General. Code, shall be one and
three-fourths inches in diameter, and shall be surrounded by the
proper name of the department, to which may be added the title of
any division, board or commission within the department, if the
director of the department shall so prescribe. Such seal may be
affixed to any writs and authentications of copies of records and
official papers, and to such other instruments as may be authorized
by law or prescribed by the proper authority in any department to be
executed. When so authenticated, any copy of such record, official
paper, or other instrument shall be received in evidence in any
court in lieu of the original.
Each department shall provide for the keeping, within such
department, of such records and journals as may be necessary to
exhibit its official actions and proceedings.
Sec. 154-19. Each department is empowered to employ, subject to the
civil service laws in force at the time the employment is made, the
necessary employes, and, if the rate of compensation is not
otherwise fixed by law, to fix their compensation. Nothing in this
chapter shall be construed to amend, modify or repeal the civil
service laws of the state, except as herein expressly provided.
All offices created by sections 154-5 and 154-6 of the General Code
shall be in the unclassified civil service of the state.
Sec. 154-20. All employes in the several departments shall render
not less than eight hours, of labor each day, Saturday afternoons,
Sundays and days declared by law to be holidays excepted in cases in
which, in the judgment of the director, the public service will not
thereby be impaired.
Each employe in the several departments shall be entitled during
each calendar year to fourteen days leave of absence with full pay.
In special and meritorious cases where to limit the annual leave to
fourteen days in any one calendar year would work peculiar hardship,
it may, in the discretion of the of the department, be extended. No
employe in the several departments, employed at a fixed
compensation, shall be paid for any extra services, unless expressly
authorized by law.
Sec. 154-21. Under the direction of the governor, the directors of
departments shall devise a practical and working basis for
cooperation and coordination of work and for the elimination of
duplication and overlapping functions. They shall, so far as
practicable, cooperate with each other in the employment of services
and the use of quarters and equipment. The director of any
department may empower or require an employe of another department,
subject to the consent of the superior officer of the employe, to
perform any duty which he might require of his own subordinates.
Sec. 154-22. Each department shall make and file a report of its
transactions, and proceedings at the time and in the manner
prescribed by section 2264-1 of the General Code.
Sec. 154-23. Whenever power is vested in any of the departments
created by this chapter, or in any other state department, board or
commission, to inspect, examine, secure data or information, or to
procure assistance from another department, office or institution, a
duty is hereby imposed upon the department, office or institution,
upon which demand is made, whether created by this chapter or
otherwise, to make such power effective.
Sec. 154-24. Whenever rights, powers or duties which have heretofore
been vested in or exercised by any officer, board, commission,
institution or department, or any deputy, inspector or subordinate
officer thereof, are, by this chapter, transferred, either in whole
or in part, to or vested in a department created by this chapter, or
any other department, office or institution, such rights, powers and
duties shall be vested in, and shall be exercised by the department,
office or institution to which the same are hereby transferred, and
not otherwise; and every act done in the exercise of such rights,
powers and duties shall have the same legal effect as if done by the
former officer, board, commission, institution or department, or any
deputy, inspector, or subordinate officer thereof. Every person,
firm and corporation shall be subject to the same obligations and
duties and shall have the same rights arising from the exercise of
such rights, powers and duties as if such rights, powers and duties
were exercised by the officer, board, commission, department or
institution, or deputy, inspector or subordinate thereof, designated
in the respective laws which are to be administered by departments
created by this chapter. Every person, firm and corporation shall be
subject to the same penalty or penalties, civil or criminal, for
failure to perform any such obligation or duty, or for doing a
prohibited act, as if such obligation or duty arose from, or such
act were prohibited in, the exercise of such right, power or duty by
the officer, board, commission or institution, or deputy, inspector
or subordinate thereof, designated in the respective laws which are
to be administered by departments created by this chapter. Every
officer and employe shall, for any offense, be subject to the same
penalty or penalties, civil or criminal, as are prescribed by
existing law for the same offense by any officer or employe whose
powers or duties devolve upon him under this chapter.
* * * * *
=Department of Industrial Relations.=
Sec. 154-45. The department of industrial relations shall have all
powers and perform all duties vested by law in the industrial
commission of Ohio, excepting the following:
Those powers and duties of the commission which it exercises as
successor of the state liability board of awards, the state board of
arbitration, the board of boiler rules, and in the investigation,
ascertainment and determination of standards, devices, safeguards,
and means of protection, being all powers and duties mentioned in
paragraphs 3 to 8, both inclusive, of section 871-22 of the General
Code, sections 871-23, 871-26, 871-27, 871-28, 871-30, 871-32,
871-33, 871-34 and 871-35, sections 1058-8 to 1058-12, both
inclusive, 1058-16, 1063 to 1077, both inclusive, and sections
1465-37 to 1465-108, both inclusive, of the General Code, and the
powers of the commission as successor of the board of boiler rules
under section 1058-18 of the General Code, which shall continue to
be exercised and performed by the industrial commission of Ohio in
the manner provided by law for the exercise of such powers and the
performance of such duties.
The industrial commission of Ohio shall be a part of the department
of industrial relations for administrative purposes in the following
respects: The director of industrial relations shall be ex-officio
the secretary of said commission, shall succeed to and perform all
of the duties of the secretary of said commission, and shall
exercise all powers of said secretary as provided by law; but such
director may designate any employe of the department as acting
secretary to perform the duties and exercise the powers of secretary
of the commission. All clerical, inspection and other agencies for
the execution of the powers and duties vested in the said industrial
commission shall be deemed to be in the department of industrial
relations, and the employes thereof shall be deemed to be employes
of said department and shall have and exercise all authority vested
by law in the employes of such commission. But the industrial
commission of Ohio shall have direct supervision and control over,
and power of appointment and removal of, such employes whose
position shall be designated by the governor as fully subject to the
authority of such commission.
The commission may appoint advisers, who shall without compensation
assist the commission in the execution of the powers and duties
retained by it under this section.
* * * * *
Sec. 2250. The annual salaries of the appointive state officers and
employes herein enumerated shall be as follows:
* * * * *
Department of Industrial Relations:
Director of industrial relations, six thousand five hundred
dollars.
Chief of division of factory inspection, three thousand six
hundred dollars.
Chief of division of labor statistics, three thousand
dollars.
Chief of division of mines, three thousand six hundred
dollars.
* * * * *
SECTION 3. Said original sections 243, 321, 496, 710-6, 840, 1170,
(enacted as section 93 of an act entitled "An Act to create the
agricultural commission of Ohio and to prescribe its organization",
etc., approved May 3, 1913, (103 Ohio Laws 323)), 1170, (enacted as
section 1 of an act entitled "An Act to create a board of control
for the Ohio agricultural experiment station", etc., approved April
8, 1915, (106 Ohio Laws, 122)), 1171, 1172, (enacted as section 95 of
an act entitled "An Act to create the agricultural commission of
Ohio and to prescribe its organization", etc., approved May 3, 1913
(103 Ohio Laws, 324)), 1172, (enacted as section 7 of an act entitled
"An Act to create a board of control for Ohio agricultural
experiment station", etc., approved April 8, 1915, (106 Ohio Laws,
123)), 1173, (enacted as section 96 of an act entitled "An Act to
create the agricultural commission of Ohio and to prescribe its
organization", etc., approved May 3, 1913, (103 Ohio Laws, 324)),
1173, (enacted as section 8 of an act entitled "An Act to create a
board of control for the Ohio agricultural experiment station",
etc., approved April 8, 1915, (106 Ohio Laws, 123)), 1178, 1233,
1261-2, 1807, 1857, 1931-1, 2248, 2250, 2288-1 as enacted by the act
approved March 29, 1917 (107 O.L. 457), 2312, 2313 and 7939 of the
General Code, and sections 86, 87, 88, 89, 90, 146, 147, 148, 149,
150, 151, 152, 153, 154, 196-1, 196-2, 196-3, 196-16, 196-18, 199,
242-1, 242-2, 270-1, 270-4, 270-5, 367-3, 367-4, 403-1, 406, 408,
409, 498, 615, 616, 618, 619, 620, 674, 675, 744-14, 744-15, 744-16,
744-17, 744-19, 744-20, 744-23, 746, 747, 752, 788, 789, 790, 791,
798-2, 798-4, 708-8, 799, 800, 801, 820, 821, 822, 823, 842, 844,
845, 848, 871-46, 871-47, 905, 982, 1079, 1079-1, 1080, 1081, 1083,
1084, 1087, 1087-2, 1088, 1089, 1089-1, 1099, 1123, 1171-2, 1171-3,
1177-22, 1177-23, 1177-24, 1177-25, 1179, 1180, 1183, 1232-1,
1233-1, 1236-2, 1261-1, 1440, 1465-8, 1465-43, 1808, 1809, 1833,
1834, 1836, 1837, 1841-7, 1861 and 5227 of the General Code are
hereby repealed.
SECTION 4. Every officer and employe in the classified civil service
of the state civil service at the time this act takes effect shall
be assigned to a position in the proper department created by this
act, and, so far as possible, to duties equivalent to his former
office or employment; and such officers and employes shall be
employes of the state in the classified civil service of the state
of the same standing, grade and privileges which they respectively
had in the office, board, department, commission or institution from
which they were transferred, subject, however, to existing and
future civil service laws. This section shall not be construed to
require the retention of more employes than are necessary to the
proper performance of the functions of such departments.
All books, records, papers, documents, property, real and personal,
and pending business in any way pertaining to the rights, powers and
duties by this act transferred to or vested in a department created
by this act, or to or in any other office, department or
institution, at the time this act takes effect shall be delivered
and transferred to the department, office or institution succeeding
to such rights, powers and duties.
This act shall not affect any act done, ratified or affirmed, or any
right accrued or established, or any pending action, prosecution or
proceedings, civil or criminal, at the time it takes effect; nor
shall this act effect causes of such action, prosecution or
proceeding existing at the time it takes effect; but such actions,
prosecutions or proceedings may be prosecuted and continued, or
instituted and prosecuted, by or before the department having
jurisdiction or power under this act of the subject matter to which
such action, prosecution or proceeding pertains.
If the senate is not in session at the time initial appointments are
to be made under this act, the governor shall make temporary
appointments as in case of a vacancy, to all offices required by
this act to be filled by appointment by the governor by and with the
advice and consent of the senate, unless the initial appointments
are otherwise provided for in this act.
If this act shall go into effect prior to the expiration of the
present fiscal year, the present existing departments, bureaus,
offices, boards, commissions, and other organizations of the state
government affected by this act shall continue, and the officers and
employes therein shall continue to serve until the expiration of the
present fiscal year for which appropriations have been made, unless
their terms of office expire prior thereto; and the reorganization
herein provided for shall be put into effect and the officers whose
positions are hereby created shall assume their duties at the
commencement of the succeeding fiscal year.
SECTION 5. This act is hereby declared to be an emergency law
necessary for the immediate preservation of the public peace, health
and safety. The reasons for such necessity lie in facts, which
two-thirds of all the members elected to each branch of the general
assembly have considered, found and determined and which are
separately set forth herein, as follows:
The eighty-third general assembly created a joint legislative
committee to "investigate all of the * * * offices which have been
created by the general assembly * * * with a view of * * * combining
and centralizing the duties of the various departments, eliminating
such as are useless and securing for the state of Ohio such a
reorganization of its governmental activities as will promote
greater efficiency and greater economy therein." Said committee made
exhaustive investigations and published numerous reports, declaring
the necessity of reorganizing fundamentally the executive branch of
the state government in order to promote efficiency and conserve the
public funds. Upon the organization of the eighty-fourth general
assembly, special committees were appointed in each house thereof to
consider the recommendations of the former joint committee. The
governor, in his message to the general assembly, recommended action
along the general lines indicated by the former committee's report.
Wide publicity has been given to various projected plans of
reorganization.
According to the annual reports of the auditor of state, the
balances subject to draft in the general revenue fund of the state,
from which many of the activities of the state government are
supported, had shrunk from more than two million dollars on June
30th, 1919, to less than one million dollars on June 30th, 1920,
(all of which, and more, was covered by unlapsed appropriations for
the preceding fiscal year), clearly indicating the immediate
necessity either for increasing the revenues of the state, or for
effecting such a reorganization of the state administration as would
tend to conserve the present revenues. General economic conditions
make increased taxes highly undesirable at the present time.
At the convening of the eighty-fourth general assembly numerous
vacancies existed in various state offices and in various state
boards, and other like vacancies have occurred since that time. By
reason of the known probability of a reorganization such as is
embodied in this act, persons appointed to fill such vacancies have
uncertain tenure and are thereby deterred from initiating and
carrying through definite administrative policies; and in several
instances such appointments have been accepted temporarily only,
pending early reorganization.
As a result of all the foregoing, the state service in the
appointive state departments, shown by said investigations to be
wasteful and inefficient, is becoming increasingly demoralized. All
of these departments exercise functions pertaining to the protection
of the public health, the conservation of the public peace and
morals, or the promotion of the public safety. The necessity of
placing their functions upon a sound, economical, permanent and
secure basis is great and immediate.
The appropriations for the current expenses of the state government
and institutions which must be made by the eighty-fourth general
assembly for the fiscal biennium beginning July 1st, 1921, cannot be
effectually apportioned nor their amounts fixed unless the
reorganization effected by this act is operative during the period
to be covered by such appropriations, so that the departments and
offices of the state government are definitely determined; and such
determination must be made and the framework of the executive branch
of the state government must be definitely established and known at
the time the general assembly is considering such appropriations.
Therefore, this act shall go into immediate effect.
Passed April 19, 1921.
Approved April 26, 1921.
RUPERT BEETHAM,
_Speaker of the House of Representatives_.
CLARENCE J. BROWN,
_President of the Senate_.
HARRY L. DAVIS, _Governor_.
Filed in office of Secretary of State, April 26, 1921.
(109 O.L., 105.)
=INDEX.=
INDEX SECTIONS.
=A.=
Abandoned mines--precautions when
approaching 938
Accidents--
fatal--duty of inspectors 907
fatal--notice to chief inspector and
coroner 940
fatal--coroner's duty 921
superintendent's duty 951
provisions for persons injured 934
action in case of 972
Access to mines by inspectors 912
Acetylene gas in mines 974-1
Penalty of 974-3
Action for non-compliance with Statutes 916
Act shall not create new office, etc. 920
Additional openings 950
Airway obstruction 960
Alternating current 948
Annual report of owner, lessee or agent
to chief inspector 940
Appliances--Safe 927-928
Appointments--
chief inspector and qualifications 899
district inspectors and qualifications 900-901
Appropriation of land 968
Assistant mine-foreman--
duties of 952, 953, 959
penalty for non-compliance 976
Attendant--Rescue car 915
Automatic doors 923, 943, 958
=B.=
Blasting 956
Blasting powder 962-963
Boilers--location of 944
Bonds--
weighmaster 966
Board of examiners 919
Breakthroughs 926
Brattices 926
=C.=
Cages--
Safe appliances 927
protection of, etc. 928
lowering and hoisting, No. persons,
etc. 929, 959
Caution board 959
Checkweighmen--
duties of 970
penalty for non-compliance 976
Check-measurer--
duties of 970
penalty for non-compliance 976
Child labor 13001, 13002,
13007-1-2, 7766
Circuit breakers 947
Closing of doors 923, 943, 958
Committee of miners--
Report of 906-967
Code of signals 942
Conveying of explosives 962
Construction of new mines 949
Copper tools 963
Coroner--
duties of 921
penalty for non-compliance 976
Coal dust--
duty of owner, lessee or agent 944
duty of miner 956
Combustible matter--removal of 944, 956
Complaint against chief and district
inspectors 918-919
Crossing public highway 971
Controversy or disagreement between
district inspector and owner, lessee or
agent 910
=D.=
Damages caused by examination 969
Dangerous places fenced--
duty of owner, lessee or agent 925
duty of superintendent and mine-foreman 952
duty of miner 956
Danger signal 925, 959
Defraud--intent to 960
Department of Industrial Relations 154-1
Detaching locomotive--traveling ways 932
Disagreement between district inspector
and owner, lessee or agent 910
District inspectors--
duties of 909
District inspectors as sealers of weights
and measures 910
Discretionary power of mining department 911
Doors 923, 943, 958
Drivers 958
Dust and fine coal--
duties of owner, lessee or agent 944
duty of miner 956
Duties of assistant mine-foreman 952, 953, 959
Duties of chief and district inspectors 906, 915
Duties of chief and oil and gas well
inspector relating to oil and gas wells 914
Duties of coroner 921
Duties of check-weighman 970
Duties of check-measurer 970
Duties of employes 956
Duties of fire-boss 925, 955, 959
Duties of machine-men 957
Duties of miners 956
Duties of mine-foreman 952, 953, 959
Duties of over-seer 954, 965
Duties of recorder 921-937
Duties of superintendent 951
Duties of stableman 955
Duties of trip-riders and motormen 943, 958, 961
Duties of weighmaster 966
(For penalties, see Section 976.)
=E.=
Egress when inundation is probable 932
Electricity--
application of 947-948
discretionary power of chief and
district inspectors 911
Emergency appliances 927
Engineers 927
Employes--duties of 956-963
Employment of minors 944
Examination of mine--damages caused by 969
Examination and survey of mine 969
Examination of working places--
duty of owner, lessee or agent 925
duty of mine-foreman 952
duty of fire-boss 955
duty of miner 956
when unsafe 953
Examination of other than working places 925
Examination of machinery, ventilating
current 967
Examination of mine by fire-boss 925, 955, 959
Examination of mine--right of employes 906, 967
Examiners--board of 918-919
Explosives 962-963
=F.=
Fatal accidents--
duty of inspectors 907
notice to chief inspector and coroner 940
coroner's duty 921
superintendent's duty 951
provisions for 934
action in case of 972
Fire-boss--duties of 925, 955, 959
Fire in stable--must not be taken into 960
Fire protection 930
Fine coal or coal dust--
duty of owner, lessee or agent 944
duty of miner 956
Fines collected 977
=G.=
Gauges--pressure 924
Gasoline in mines 946
=H.=
Haulage--rope 943, 958
Haulage trips--persons not permitted to
ride 961
Hoisting and lowering of persons 927, 929, 959
=I.=
Illuminating oil 974-975
Illuminants 974-2
Industrial Relations Department 154-1
Injured persons--provisions for 934
Inundation 932, 938
Inexperienced miners 965
Injuries to mine 960
Intoxicants--prohibition of 959
Intent to defraud 960
Injury to persons or property--right of
action 972
=J.=
Justices of peace, etc. 13432
=L.=
Lamps--size of 961
Land--appropriation of 968
Lien on property for labor 972
Light in mines 943
Light or signal on locomotive and train 943
Loitering 959
Lowering and hoisting of persons 929, 950
Locomotives in mines 943, 958
Locomotives in mines--detaching 932
=M.=
Maps--
duty of chief inspector 917
duty of owner, lessee or agent 935
addition to previous 936
abandoned mine map 937
persons entitled to examine 904
Machine men--duties of 957
Machine shields--
duty of owner, lessee or agent 941
duty of machine men 957
Machinery--examination of 967
Miners--duties of 956
Mine-foreman--duties of 952, 953, 959
Miner--qualifications of 965
Miner--inexperienced 965
Minors employed 13001, 13002,
13007-1-2, 7766
duty of inspectors 912
duty of owner, lessee or agent 944
duty of mine-foreman 953
Mines, new--construction of 949
Mine lamps 961
Mine committee report 906, 967
Motormen and trip riders--duties of 943, 958, 961
Monthly report of mine-foreman to chief
inspector 953
=N.=
New mines--construction of 949
New office--shall not create 920
Notice to chief inspector--when must be
given 939
Notice to chief inspector and coroner of
accidents 940
Non-compliance with Statutes--action for 916
=O.=
Office--shall not create new 920
Office--chief deputy 904
Oil--
illuminating 974, 975
quantity allowed in mine 944
Oil lamp--size of 961
Oil and gas wells 973
Oil and gas wells--duty of chief oil and
gas well inspector 914
Openings--
additional 950
second 930
Over-seer--duties of 954, 965
=P.=
Penalties--
Acetylene 974-3
County coroner 976
Check-weighman 976
Check-Measurer 976
Employes 976
Fire-boss 976
Foreman 976
Mine-foreman 976
Non-employes 976
Owner, lessee or agent 976
Over-seer 976
Oil and gas well companies 976
Oil manufacturers 976
Oil dealers 976
Oil (persons using illegal) 976
Superintendent 976
Stableman 976
Weighmaster 976
Persons injured--provision for 934
Persons on cage--number allowed 929, 959
Persons not permitted to ride haulage
trips 961
Persons not employes--relating to 964
Powder 962-963
Pressure gauges 924
Precautions approaching abandoned mines 938
Props--supplying of 953
Prosecutions 978
=Q.=
Quantity of hay allowed in mine 945
Quantity of oil allowed in mine 944
Quantity of gasoline allowed in mine 946
Quantity of powder allowed in mine 962
Qualifications of miner 965
Qualifications and appointment of chief
inspector 899
Qualifications and appointment of
district inspectors 901
=R.=
Recorder's duty 921, 937
Records--who entitled to examine 904
Regulations of weighing coal 978-1-7
Repeals 978
Report of fire-boss 925, 955, 959
Report of owner, lessee or agent to
chief inspector 939, 940
Report of district inspector to chief
inspector 913
Right of action 972
Reorganization of State Departments 154-1
Report of mine committee 906, 967
Report of mine-foreman to chief
inspector, monthly 953
Rescue apparatus 915
Rescue stations 915-1
Refuge holes 931
Rope haulage 943, 958
Roof--miner shall prop, etc. 956
=S.=
Safe appliances for hoisting persons 927
Safety appliances 928
Speaking tube 928
Safety lamps--
when owner shall provide 941
oil for use in 975
Scales 910, 941
Second opening 930
Shafts--fire protection 930
Shields--machine--
duty of owner, lessee or agent 941
duty of machine men 957
Signals--
code of 942
locomotive 943
danger 925, 955, 959
persons designated to give and receive 929
Solid shooting 976-1-3
Speaking tube 928
Squibs 963
Stables--underground--
construction of 945
fire must not be taken into 960
stablemen--duties of 955
Superintendent's duties 951
Surveying party--transportation of 969
Survey of mine and examination 969
Switches 947
=T.=
Tamping tools--kind permitted 963
Telephones 934-2
Test weights 941
Timber--
duty of owner, lessee or agent 933
duty of mine-foreman 953
duty of miners 956
Trip riders and motormen--duties of 943, 958, 961
Traveling ways and refuge holes 931
Traveling ways--duty of employes 959
Transportation of surveying party 969
Trolley wires 947
=U.=
Underground stables--
construction of 945
fire must not be taken into 960
stablemen--duties of 955
voltage 948
=V.=
Ventilation--
duty of owner, lessee or agent 922, 923, 924
duty of mine-foreman 952, 953
report of mine committee 906, 967
voltage 948
=W.=
Wash room 934-1
Weigh scales 910, 941
Weighing of coal 978-1-7
Weighmaster--duties of 966
Weights and measures--sealers of 910
Withdrawal of persons from mine 959
When act takes effect 978
Who entitled to examine maps, records,
etc. 904
Wires 947
Working places--examination of--
duty of owner, lessee or agent 925
duty of mine-foreman 952
duty of fire-boss 955
duty of miner 956
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