1915. VETOES BY THE GOVERNOR, 1915, P. 457. JUNE 19, 1915. AN ACT making an appropriation to the topographic and geological commission of SEC. 1. Be it enacted, etc.: That the sum of $10,000 annually Pennsylvania. is hereby specifically appropriated to the use of the topographic and geological survey commission of Pennsylvania, for the purpose of carrying out the provisions of the act of May 13, 1909. * (Disapproved because amount appropriated would only pay the expenses of the clerical force and leave nothing to carry on work of survey.) 1917. APPROPRIATION ACTS OF 1917, P. 179. JULY 25, 1917. AN ACT making an appropriation to the topographic and geological commission of Pennsylvania. SEC. 1. Be it enacted, etc.: * * is hereby specifically appropriated to the use of the Topographic and Geological Survey Commission of Pennsylvania, for the purpose of carrying out the provisions of the act of May 13, 1909, entitled "An act, etc." (Here follows title of act of 1909. See p. 79.), for the two fiscal years commencing June 1, 1917. (Approved in the sum of $30,000.) 125672°-20-6 HOISTING ENGINEERS. DUTIES OF ENGINEER. See also Mining Operations, pages 577, 599, 686. LAWS 1869, P. 852. APRIL 12, 1869. AN ACT for the better regulation and ventilation of mines and for the protection of the lives of the miners in the County of Schuylkill. NOTE.-Section 7 only of this act is inserted here. The body of the act is under the title, Mining Operations-Anthracite Coal Mines. (See p. 599.) SEC. 7. Every engineman shall constantly attend to the engine of which he has charge and shall not allow any person, except such as may be deputed by the operator or his agent, to touch or meddle with it, or any part of its machinery; he shall work his engine slowly and with great care when any person is descending or ascending from the shaft or slope, and when any person is about to descend or ascend from a slope or shaft the men at the bottom or at the top must inform the engineman by signal or otherwise; and it shall not be lawful for anyone to ride upon a loaded wagon or cage, in any slope or shaft, in any of said mines, and upon neglect or refusal of the said engineman to control his engine as aforesaid he shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by fine and imprisonment at the discretion of the courts; and anyone so riding upon said loaded cage, wagon, or car, as aforesaid, or any operator or mining boss permitting the same to be done shall be deemed guilty of a misdemeanor and fined in a sum not exceeding fifty dollars, upon conviction thereof. COMPETENT ENGINEERS TO BE EMPLOYED. LAWS 1870, P. 3. MARCH 3, 1870. AN ACT providing for the health and safety of persons employed in coal mines. NOTE. A copy of section 11 is inserted here, but the original section is retained in the original act. (See Mining Operations--Anthracite Coal Mines, p. 604.) SEC. 11. No owner or agent of, or at, any coal mine or colliery operated by shaft or slope shall place in charge of any engine whereby the men are lowered into or hoisted out of the mine, any but experienced, competent, sober engineers; and every engineer so placed in charge of an engine shall constantly attend to the engine of which he has charge and shall not allow any person, except such as may be deputed by the operator or agent, to touch or meddle with it or any part of its machinery; he shall work the engine slowly with great care wher any person is ascending or descending the shaft or slope and when any person is about to descend or ascend the shaft or slope the men at the bottom or top as the case may be, must inform the engineer by the metal tube, the signal, or otherwise, thereof; and no one shall interfere with, or in any way intimidate, the engineer in the discharge of his duties, nor ride upon a loaded wagon or cage in any shaft or slope and in no case shall more than ten men ride on any wagon or cage at one time in any of the said mines; and upon any person violating the provisions of this section he shall be heid and be guilty of a mis demeanor and upon conviction thereof he shall be punished by fine and imprisonment, at the discretion of the court trying the same. (Amended. See below.) DUTIES OF ENGINEER-THIRD SUPPLEMENT. LAWS 1879, P. 75. MAY 22, 1879. AN ACT amendatory of an act, entitled "An act providing for the health and safety of persons employed in coal mines," approved March 3, 1870. SEC. 1. Be it enacted, etc.: That section 11 of an act, entitled "An act for the health and safety of persons employed in coal mines," approved March 3, 1870, which reads as follows: (here follows sec. 11 of the Act of March 3, 1870. See preceding act), be amended so as to read as follows: No owner or agent of or at any coal mine or colliery operated by shaft or slope, shall place in charge of any engine whereby the men are lowered into or hoisted out of the mine any but experienced, competent, sober engineers; and every engineer so placed in charge of an engine shall constantly attend to the engine of which he has charge, and shall not allow any person except such as may be deputed by the operator or agent to touch or meddle with it or any part of its machinery; he shall work his engine slowly and with great care when any person is ascending or descending the shaft or slope; and when any person is about to descend or ascend the shaft or slope, the men at the bottom or top, as the case may be, must inform the engineer by the metal tube, the signal or otherwise, thereof; and no one shall interfere with or in any way intimidate the engineer in the discharge of his duties, nor ride upon a loaded wagon or cage in any shaft or slope; and whenever ten men shall have arrived at the bottom of any shaft or slope, they shall be furnished with an empty wagon or cage to ride up; and in no case shall more than ten men ride on any wagon or cage at one time in any of said mines; and upon any person violating the provisions of this section, he shall be held and be deemed guilty of a misdemanor, and upon conviction thereof he shall be punished by fine and imprisonment at the discretion of the court trying the same. EMPLOYMENT AND DUTIES-MERCER COUNTY. LAWS 1870, P. 1256. APRIL 28, 1870. AN ACT for the regulation and ventilation of coal mines in Mercer County. NOTE-The part of section 5 relating to hoisting engineers only is inserted here. SEC. 5. The owner, lessee, operator or agent of every coal mine shall employ no person for an engineer who has not attained the age of 18 years, for the purpose of lowering and hoisting persons in any coal mine; and in all cases he must be an experienced, competent, and sober man; RULES FOR SAFETY. JUNE 2, 1891. LAWS 1891, P. 176. AN ACT to provide for the health and safety of persons employed in and about the anthracite coal mines of Pennsylvania and for the protection and preservation of property connected therewith. NOTE-Coples of general rules 18 to 21 are inserted here. All the general rules are with the body of the act under the title, Mining Operations-Anthracite Coal Mines. (See p. 642.) ARTICLE XII. GENERAL RULES. The following general rules shall be observed in every mine to which this act applies: * Rule 18. An engineer placed in charge of an engine whereby persons are hoisted or lowered in any mine, shall be a sober and competent person of not less than twenty-one (21) years of age. Rule 19. Every engineer shall work his engine slowly and with great care when any person is being lowered or hoisted in a shaft or slope and no one shall interfere with or intimidate him while in the discharge of his duties. Rule 20. An engineer who has charge of the hoisting machinery by which persons are lowered or hoisted in a mine shall be in constant attendance for that purpose during the whole time any person or persons are below ground, and he shall not allow any person or persons, except such as may be deputed by the owner, operator, or superintendent to handle or meddle with the engine under his charge or any part of its machinery. Rule 21. When any person is about to descend or ascend a shaft or slope, the headman or footman, as the case may be, shall inform the engineer by signal or otherwise of the fact, and the engineer shall return a signal before moving or starting the engine. In the absence of a headman or footman the person or persons about to descend or ascend shall give and receive the signals in the same manner. ANNOTATIONS. HOISTING ENGINEER. NEGLIGENCE OF ENGINEER-LIABILITY OF OPERATOR. There can be no recovery of damages against a mine operator for the death of a miner caused by the negligence of the engineer in operating the engine and where by the negligent use of the reverse lever the cage or car in which the miner was riding out of the mine was carried above the platform and the miner attempted to jump from the cage, missed his footing, and fell down the shaft and was killed. O'Donnell v. Philadelphia & Reading Coal & Iron Co., 249 Pa. St. 497, p. 501. There can be no recovery in an action against a mine operator for the death of a miner caused by the negligence of the engineer operating the engine that was hoisting the cage in which the miner was riding where the defendant operator had not imposed any duties upon the engineer which prevented him in the operation of his engine from observing rules 18, 19, 20, and 42 prescribed by the act. p. 30. McCollum v. Pennsylvania Coal Co., 250 Pa. St. 27, Section 4 of article 17 of this act gives a right of action against a coal-mine operator for the death of an employee occasioned by any violation of the statute or any failure to comply with its provisions. But the statute does not war rant a recovery for the death of a miner, who, with other miners, had ridden out of the mine on a loaded car, due to the negligence of the engineer in falling to open the relief valves of the engine, and in consequence the car was carried some distance beyond the landing, and the miner, with others, fearing he would be thrown down the slope along with the timbers, jumped from the car, and in so doing he fell under the car and was killed. The miner's death under such circumstances can not be charged to any negligence of the mine operator in failing to furnish an empty car for the miner and other employees to ride out of the mine, as the accident was not due to the miner's riding on the loaded car, but to the negligence of the engineer in failing to stop the engine and the cars at the landing. A violation of the statute on the part of a mine operator will not subject him to damages for an injury or death, unless his violation of the statute is the proximate cause of the injury complained of. Maguire v. Philadelphia & Reading Coal & Iron Co., 255 Pa. St. 6. LAWS 1911, P. 102. HOURS OF LABOR. APRIL 29, 1911. AN ACT to provide for the safety of persons employed in and about the anthracite coal mines of this Commonwealth, and to limit the hours of labor of hoisting engineers employed at or about the same, and fixing a penalty for the violation of this act. SEC. 1. Be it enacted, etc.: That on and after the passage of this act, no person engaged as hoisting engineer at or about the anthracite coal mines of this Commonwealth, part of whose duties it is to lower men and boys into, and hoist them and coal from the said mines, shall be engaged for a longer period than eight hours out of each day of twenty-four hours. SEC. 2. Any person, persons, firm, partnership, corporation, or their agents, managers, or superintendents, violating any of the provisions of section one of this act shall be deemed guilty of a misdemeanor and upon conviction shall be sentenced to pay a fine of not less than $25 and not more than $100. SEC. 3. All acts or parts of acts inconsistent herewith be, and the same are hereby, repealed. |