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bound to comply with the provisions of this act in the same manner as if this 2 June 1891, art. 4, section had not been enacted.

§ 2. P. L. 176. Ibid.

Owner to make

59. In case the said owner, operator or superintendent desires to, and claims that he ought to make an additional opening under, through or upon any adjoining or intervening lands, to meet the requirements of this act, for the ingress and egress statement of facts of the men employed in his or their mine, he or they shall make a statement of the and submit survey. facts in the petition, with a survey, setting forth the point of commencement and the point of termination of the proposed outlet, which he or they, their engineers, agents or employés may enter upon said intervening lands and survey and mark, as he or they shall find it proper to adopt for such additional outlet, doing as little damage as possible to the property explored; and the viewers shall state in their Damages. report what damage will be sustained by the owner or owners of the intervening lands by the opening, constructing and using of the outlet, and if the report is not Appeal. appealed from, it shall be confirmed or rejected by said court as to right and justice shall appertain, and any further and all proceedings in relation thereto shall be in conformity with like proceedings, as in the case of a lateral railroad across or under intervening lands, under the act in relation to lateral railroads, approved the fifth day of May, Anno Domini one thousand eight hundred and thirty-two, and the supplements thereto, so far as the provisions of the same are applicable hereto; and the notices to the owner of intervening lands, of the intention to apply Notice. for the privilege of making an outlet, and meeting of the viewers shall be given, and the costs of the case shall be paid as provided in the said act of fifth day of May, Anno Domini one thousand eight hundred and thirty-two, and the supplements thereto.

Ibid. § 8.

be fitted with safe
appliances.
Ibid. § 4.

60. The escapements, shafts or slopes shall be fitted with safe and available appliances by which the persons employed in the mine may readily escape in case Escapements to an accident occurs deranging the hoisting machinery at the main outlets. 61. In slopes where the angle of inclination is fifteen degrees or less there must be provided a separate travelling way, which shall be maintained in a safe condition Separate travelling for travel and kept free from steam and dangerous gases.

ways.

structures over

62. No inflammable structure, other than a frame to sustain pulleys or sheaves, Ibid. § 5. shall be erected over the entrance of any opening connecting the surface with the underground workings of any mine, and no "breaker" or other inflammable Inflammable structure for the preparation or storage of coal shall be erected nearer than two openings. hundred (200) feet to any such opening, but this act shall not be construed to prohibit the erection of a fan drift for the purpose of ventilation, or of a trestle for the transportation of cars from any slope to such breaker or structure, neither shall it apply to any shaft or slope until the work of development and shipment of coal has commenced: Provided, That this section shall not apply to breakers that Exceptions. are now erected.

Ibid. § 6.

63. The top of each shaft and also of each slope, if dangerous, or any intermediate lift thereof, shall be securely fenced off by railing or by vertical or flat Top of shaft to be gates.

64. Every abandoned slope, shaft, air-hole and drift shall be properly fenced around or across its entrance.

65. All underground entrances to any places not in actual course of working or extension shall be properly fenced across the whole width of such entrances, so as to prevent persons from inadvertently entering the same.

fenced.

Ibid. § 7. Abandoned slopes. Ibid. § 8.

Underground entrances. Ibid. § 9.

66. The owner, operator or superintendent of any coal mine or colliery which is worked by shaft or slope, shall provide and maintain a suitable appliance by or through which conversation can be held by and between persons at the bot- Speaking tubes. tom and at the top of the shaft or slope, and also an efficient means of signalling Signals. from the bottom of such shaft or slope to the engineer in charge of the hoisting engine.

67. Hand rails and efficient safety catches shall be attached to, and a sufficient cover overhead shall be provided on every cage used for lowering or hoisting persons in any shaft.

Ibid. § 10. Hand rails, &c., on every cage. Ibid. § 11.

68. Wherever practicable, every cage or gunboat used for lowering or hoisting persons in any slope, shall be provided with a proper protector, so constructed that persons, while on such cage or gunboat, shall not be struck by anything which may with protectors. fall or roll down said slope.

To be provided

69. The main link of the chain connecting the rope to the cage, gunboat or car Ibid. § 12. in any shaft or slope, shall be made of the best quality of iron; bridle chains made Main link, &c., of the same quality of iron shall be attached to the main link, rope or rope socket to be of best from the crosshead of the cage or gunboat when persons are being lowered or hoisted quality of iron. thereon.

Ibid. § 18.

70. The ropes, safety catches, links and chains shall be carefully examined every day they are used by a competent person delegated for that purpose, and any defects therein found, by which life or limb may be endangered, shall be immediately examined every

remedied.

71. An efficient brake shall be attached to every drum that is used for lowering or raising persons or material in any mine.

Ropes, &c., to be

day.

Ibid. § 14. Brakes.

72. Flanges or horns of sufficient dimensions to prevent the rope from slipping

Ibid. § 15.

2 June 1891, art. 4, § 15. P. L. 176. Flanges to drum. Indicators.

Ibid. § 16. Substantial

structure to sus

off the said drum shall be provided and properly attached to the drum, and all machines used for lowering or hoisting persons in mines shall be provided with an indicator to show the position of the cage, car or gunboat in the shaft or slope.

73. Over all shafts which are being sunk or shall hereafter be sunk, a safe and substantial structure shall be erected to sustain the sheaves or pulleys, at a height of not less than twenty (20) feet above the tipping place, and the top of such shaft Top of shaft to be shall be arranged in such manner that no material can fall into the shaft while the bucket is being emptied.

tain pulley.

covered.

Ibid. § 17. When to be erected.

Ibid. § 18.

Truck.

Ibid. § 19.

74. The said structure shall be erected as soon as a substantial foundation is obtained, and in no case shall a shaft be sunk to a depth of more than fifty (50) feet without such structure.

75. If provision is made to land the bucket upon a truck, the said truck shall be constructed in such manner that material cannot fall into the shaft.

76. All rock and coal from shafts as they are being sunk, shall not be raised Rock and coal to be except in a bucket or on a cage, and such bucket or cage must be connected to the rope or chain by a safety hook, clevis or other safe attachment.

raised in buckets.

Safety hook.

Ibid. § 20.

77. Such shafts shall be provided with guides and guide attachments applied in such manner as to prevent the bucket from swinging while descending or ascendGuides to prevent ing therein, and such guides and guide attachments shall be maintained at a dis

bucket from

swinging.

Ibid. § 21. Shaft to be cased.

Ibid. § 22. Rules to be observed in shafts.

2 June 1891, art. 5,

§1. P. L. 176. Boilers to be kept

in good order. Inspection. Report to inspec

tor.

Ibid. § 2.

Not to be nearer the breaker than 100 feet.

Ibid. § 8. Safety valve. Ibid. § 4. Steam gauges.

Ibid. § 5. All machinery

tance of not more than seventy-five (75) feet from the bottom of such shaft, until its sinking shall have been completed, but this section shall not apply to shafts one hundred (100) feet or less in depth.

78. Where the strata are not safe every shaft shall be securely cased, lined or otherwise made secure.

79. The following rules shall be observed, as far as practicable, in every shaft to which this act applies:

First. After each and every blast the chargeman must see that all loose material is swept down from the timbers before the workmen descend to their work.

Second. After a suspension of work, and also after firing a blast in a shaft where explosive gases are evolved, the person in charge must have the said shaft examined and tested with a safety lamp before the workmen are allowed to descend.

Third. Not more than four persons shall be lowered or hoisted in any shaft on a bucket at the same time, and no person shall ride on a loaded bucket.

Fourth. Whenever persons are employed on platforms in shafts the person in charge must see that the said platforms are properly and safely constructed.

Fifth. While shafts are being sunk all blasts therein must be exploded by an electric battery.

Sixth. Every person who fails to comply with or who violates the provisions of this article shall be guilty of an offence against this act.

(5.) Boilers and connections, machinery, &c.

80. All boilers used for generating steam in and about mines and collieries shall be kept in good order, and the owner, operator or superintendent shall have them examined and inspected by a qualified person as often as once in six months, and oftener if needed. The result of such examination, under oath, shall be certified in writing to the inspector for the district within thirty (30) days thereafter.

81. It shall not be lawful to place any boiler or boilers, for the purpose of generating steam, under nor nearer than one hundred (100) feet to any coal breaker or other structure in which persons are employed in the preparation of coal: Provided, That this section shall not apply to boilers or breakers already erected.(i)

82. Each nest of boilers shall be provided with a safety valve of sufficient area for the steam to escape and with weights and springs properly adjusted.

83. Every boiler house shall be provided with a steam gauge properly connected with the boilers, to indicate the steam pressure, and another steam gauge shall be attached to the steam pipe in the engine house and placed in such position that the engineer or fireman can readily examine them and see what pressure is carried. Such steam gauges shall be kept in good order, tested and adjusted as often as once in every six months, and their condition reported to the inspector in the same manner as the report of boiler inspection.

84. All machinery used in or about the mines and collieries, and especially in breakers, such as engines, rollers, wheels, screens, shafting and belting, shall be promust be protected tected by covering or railing so as to prevent persons from inadvertently walking against or falling upon the same.

or covered.

(i) Where a colliery was erected prior to the passage of this act and was destroyed by fire, leaving the foundations and boilers standing, it was held that the breaker might be erected on the old founda

tion and the boilers maintained as before; and this, though they were less than one hundred feet from the breaker. Commonwealth v. Vipond, 14 C. C. 357.

85. The sides of stairs, trestles and dangerous plank walks in and around the 2 June 1891, art. 5, collieries shall be provided with hand and guard railing to prevent persons from § 5. P. L. 176. falling over their sides. This section shall not forbid the temporary removal of a stairs, &c., shall fence, guard-rail or covering for the purpose of repairs or other operations, if proper have guard rail. precautions are used, and the fence, guard-rail or covering is replaced immediately Repairs. thereafter.

86. A sober and competent person, not under eighteen (18) years of age, shall be engaged to run the breaker engine, and he shall attend to said engine while the machinery is in motion.

Ibid. § 6.

Qualifications of engineer.

Ibid. § 7.

87. A signal apparatus shall be established at important points in every breaker, so that in case of an accident the engineer can be promptly notified to stop the Signal apparatus.

machinery.

88. No person under fifteen (15) years of age shall be appointed to oil the machinery, and no person shall oil dangerous parts of such machinery while it is in

motion.

89. No person shall play with, loiter around or interfere with any machinery in or about any mine or colliery.

90. Failure to comply with the provisions of this article shall be deemed an offence against this act.

(6.) Wash houses.

Ibid. § 8.

Oiling machinery.
Ibid. § 9.

Interfering with
machinery.
Ibid. § 10.

Violation of
article.

91. It shall be the duty of the owner, operator or superintendent of each mine or 2 June 1891, art. 6, colliery, at the request in writing of twenty or more men employed in any of the §1. P. L. 176. mines, to provide a suitable building, not an engine or boiler house, which shall be Wash house shall convenient to the principal entrance of such mine, for the use of the persons em- be provided at ployed therein, for the purpose of washing themselves and changing their clothes request of twenty when entering the mines and returning therefrom.

or more miners.

92. The said building shall be maintained in good order, be properly lighted and Ibid. heated, and supplied with pure cold and warm water, and shall be provided with How to be kept facilities for persons to wash.

93. If any person or persons shall neglect or fail to comply with the provisions of this article, or maliciously injure or destroy, or cause to be injured or destroyed, the said building or any part thereof, or any of the appliances or fittings used for supplying light, heat and water therein, or doing any act tending to the injury or destruction thereof, he or they shall be deemed guilty of an offence against this

act.

(7.) Ambulances and stretchers.

and supplied.

Penalty.

Ibid.

94. The owner, operator or superintendent of every mine or colliery, except as 2 June 1891, art. 7, hereinafter provided, shall provide and keep at such mine or colliery an ambulance § 1. P. L. 176. and also at least two (2) stretchers, for the purpose of conveying to their places of Ambulance and abode, any person or persons who may be injured while in the discharge of his or their work at such mine or colliery.

stretchers at each colliery.

Ibid. § 2.

95. The said ambulance shall be constructed upon good, substantial and easy springs. It shall be covered and closed and shall have windows on the sides or Ambulance. ends. It shall be of sufficient size to convey at least two (2) injured persons with two (2) attendants at one time, and shall be provided with spring mattresses or other comfortable bedding to be placed on roller frames, together with sufficient covering and protection and convenient movement of the injured. It shall also be provided with seats for the attendants. The stretchers shall be constructed of such Stretchers. material and in such manner as to afford the greatest ease and comfort in the carriage of the injured person.

96. Whenever any person or persons employed in or about a mine or colliery shall receive such injury by accident or otherwise, while so employed, as would render him or them unable to walk to his or their place of abode, the owner, operator or superintendent of such mine or colliery shall immediately cause such person or persons to be removed to his or their place of abode or to an hospital, as the case may require.

Ibid. § 3.

Persons injured to
be removed to

home or to
hospital.

Ibid. § 4.

97. It is provided, however, that the owner, operator or superintendent of any mine or colliery shall be excepted from the requirement of an ambulance, as afore- When ambulance said, if the places of abode of all the workmen at such mine or colliery be within a not required. radius of a half mile from the principal entrance to such mine.

98. It is provided further, that where two or more mines or collieries are located Ibid. § 5. within one mile of each other, or the ambulance is located within one mile of each When one ambucolliery, but one ambulance, as aforesaid, shall be required, if the said mines or lance may serve collieries have ready and quick means of communication, one with the other, by collieries. telegraph or telephone.

two or more

Ibid. § 6.

99. An ambulance, as aforesaid, shall not be required at any mine or colliery at If less than twenty which less than twenty (20) persons are employed. persons employed.

100. In case the distance from any mine or colliery to the place of abode of the Ibid. § 7. person injured, is such as to permit his conveyance to his home or to an hospital when railroads more quickly and conveniently by railway, such mode of conveyance shall be per- may be used. mitted, but in such case the conveyance must be under cover and the comfort of the injured person must be provided for.

2 June 1891, art. 8,

§ 1. P. L. 176.

Foreman to be registered.

Ibid. § 2. Secretary of

grant certificate.

(8.) Mine foreman and fire boss.

101. It shall not be lawful, neither shall it be permitted, for any person or persons to act as mine foreman or assistant mine foreman of any coal mines or colliery, unless they are registered as a holder of a certificate or qualification or service under this act.

102. Certificates of qualification to mine foreman and assistant mine foreman shall be granted by the secretary of internal affairs to every applicant who may be internal affairs to reported by the examiners, as hereinafter provided, as having passed a satisfactory examination and as having given satisfactory evidence of at least five years' practical experience as a miner, and of good conduct, capability and sobriety. 103. The certificate shall be in manner and form as shall be prescribed by the secretary of internal affairs, and a record of all certificates issued shall be kept in his department.

Experience.

Ibid.

Form and record.

Ibid. § 3. Board of examiners.

Ibid.

Meetings and rules. Report.

Three signatures

necessary.

Compensation.

Ibid. § 4.

Certificates.

Ibid. § 5. Fees for certificate.

Ibid. § 6.

Mine not to be operated without a mine foreman. Penalty.

id. § 7.

When copy of certificate to issue.

Ibid. § 8. Forgery of a certificate, &c.

Penalty.

Ibid. § 9. Fire boss must have five years' experience, &c.

Shall certify to his experience.

104. For the purpose of examination of candidates for such certificates, a board of examiners shall be appointed in each of the inspection districts provided for by this act. The said board shall consist of the district inspector of mines, two (2) practical miners and one owner, operator or superintendent of a mine. The said inspector shall act ex officio, and the said engineer and owner, operator or superintendent shall be appointed in like manner and at the same time as the boards of examiners for candidates for mine inspectorship under this act are now appointed. The said board shall act as such for the period of one year from the date of their appointment.

105. Meetings of the board may be held at any time, and they may make such rules and conduct such examinations as in their judgment may seem proper for the purpose of such examinations. The said board shall report their action to the secretary of internal affairs, and at least three (3) of the members thereof shall certify to the qualification of each candidate who has passed such examination. The travelling expenses of the members of such board to and from their place of meeting, together with the sum of five dollars per day each to the said two (2) practical miners and owner, operator or superintendent, members of each board, for each day they are actually engaged therein not exceeding ten (10) days in all, during the year, shall be paid by the commonwealth on an order of the auditorgeneral drawn on the state treasurer upon the certificate of the mine inspector, member of such board.

106. Certificates of qualification to mine foreman and assistant mine foreman shall be granted by the secretary of internal affairs to every applicant who may be reported by the examiners, as heretofore provided, as having passed a satisfactory examination and as having given satisfactory evidence of at least five (5) years' practical experience as a miner, and of good conduct, capability and sobriety. The certificate shall be in manner and form as shall be prescribed by the secretary of internal affairs, and a record of all certificates issued shall be kept in the department. Certificates of qualification and certificate of service shall contain the full name, age and place of birth of the applicant, as also the length and nature of his previous service in or about the mines.

107. Before certificate as aforesaid shall be granted, applicants for same shall pay to the secretary of internal affairs the following fee, namely: For examination, one dollar; for registration of certificate, one dollar; for certificate, one dollar. All fees so received shall be covered into the treasury of the commonwealth.

108. No mines shall be operated for a longer period than thirty days without the supervision of a mine foreman. In case any mine is worked a longer period than thirty (30) days without such certified mine foreman, the owner, operator or superintendent thereof, shall be subject to a penalty of twenty dollars per day for each day over the said thirty (30) days during which the said mine is operated.

109. In case of the loss or destruction of a certificate, the secretary of internal affairs may supply a copy thereof to the person losing the same upon the payment of the sum of fifty (50) cents: Provided, It shall be shown to the satisfaction of the secretary that the loss has actually occurred.

110. If any person or persons shall forge or counterfeit a certificate or knowingly make or cause to be made any false statement in any certificate, under this act, or in any official copy of same, or shall urge others to do so, or shall utter or use any such forged or false certificate or unofficial copy thereof, or shall make, give, utter, produce or make use of any false declaration, representation or statement in any such certificate or copy thereof or any document containing the same, he or they shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined two hundred dollars or imprisoned for a term not exceeding one (1) year, or both, at the discretion of the court trying the case.

111. And no person shall be permitted to act as fire boss in any coal mine or colliery, except he has had five (5) years' practical experience in mines as a miner, three (3) of which he shall have as a miner wherein noxious and explosive gases are evolved, and the said fire boss shall certify to the same before entering upon his duties, before an alderman, justice of the peace or other per

son authorized to administer oaths, and a copy of said deposition shall be filed 2 June 1891, art. 8, with the district inspector of mines wherein said person is employed. § 9. P. L. 176.

(9.) Employment of boys and females.

112. No boy under the age of fourteen (14) years, and no woman or girl of 2 June 1891, art. 9, any age, shall be employed or permitted to be in any mine for the purpose of $1. P. L. 176. employment therein. Nor shall a boy under the age of twelve years or a woman Boys under fouror girl of any age, be employed or permitted to be in or about the outside struct- teen and females. ures or workings of a colliery for the purpose of employment, but it is provided, Exceptions. however, that this prohibition shall not affect the employment of a boy or female of suitable age in an office or in the performance of clerical work at a colliery. 113. When an employer is in doubt as to the age of any boy or youth applying for employment in or about a mine or colliery, he shall demand and receive proof of the said lawful employment age of such boy or youth, by certificate How age to be from the parent or guardian, before said boy or youth shall be employed.

114. If any person or persons contravene or fail to comply with the provisions of this act in respect to the employment of boys, young male persons or females, or if he or they shall connive with or permit others to contravene or fail to comply with said provisions, or if a parent or guardian of a boy or young male person make or give a false certificate of the age of such boy or young male person, or knowingly do or perform any other act for the purpose of securing employment for a boy or young male person under the lawful employment age and in contravention of the provisions of this act, he or they shall be guilty of an offence against this act.

(10.) Ventilation.

Ibid. § 2.

determined.

Ibid. § 8.

Penalty.

2 June 1891, art. 10,

$1. P. L. 176.

115. The owner, operator or superintendent of every mine shall provide and maintain a constant and adequate supply of pure air for the same, as hereinafter To be provided. provided.

116. It shall not be lawful to use a furnace for the purpose of ventilating any mine wherein explosive gases are generated.

117. The minimum quantity of air thus produced, shall not be less than two hundred (200) cubic feet per minute for each and every person employed in mine, and as much more as the circumstances may require.

any

Ibid. § 2.

Furnaces prohib

ited.

Ibid. § 3.

Two hundred cubic feet per minute for each

Ibid. § 4.

118. The ventilating currents shall be conducted and circulated to and along person. the face of each and every working place throughout the entire mine, in sufficient quantities to dilute, render harmless and sweep away smoke and noxious Ventilating or dangerous gases, to such an extent that all working places and travelling roads shall be in a safe and fit state to work and travel therein.

119. All worked out or abandoned parts of a mine in operation, so far as practicable, shall be kept free of dangerous bodies of gases or water, and if found impracticable to keep the entire mine free from an accumulation of gases or water, the mine inspector must be immediately notified.

currents.

Ibid. § 5.

Abandoned mines.

Ibid. § 6.

120. Every mine employing more than seventy-five (75) persons must be divided into two or more districts. Each district shall be provided with a separate split of pure air, and the ventilation shall be so arranged, that not Mine to be divided more than seventy-five persons shall be employed at the same time in any one Persons to each current or split of air.

into districts.

split of pure air.

Ibid.

121. The inlet and return air passages for any particular district must be separated by a pillar of coal or stone, if the thickness and dip of the vein will permit, except where it is necessary to cut through said dividing pillar for the Separation of air purposes of ventilation, traffic or drainage.

passages.

Ibid. § 7.

Velocity.

122. All air passages shall be of sufficient area to allow the free passage of not less than two hundred (200) cubic feet of air per minute for every person working Area. therein; and in no case, in mines generating explosive gases, shall the velocity exceed four hundred and fifty (450) lineal feet per minute, in any opening through which the air currents pass, if gauze safety lamps are used, except in the main inlet or outlet airways.

123. All cross-cuts connecting the main inlet and outlet air passages of every district, when it becomes necessary to close them permanently, shall be substantially closed with brick or other suitable building material, laid in mortar or cement whenever practicable, but in no case shall said air stoppings be constructed of plank except for temporary purposes.

124. All doors used in assisting or in any way affecting the ventilation shall be so hung and adjusted that they will close automatically.

Ibid. § 8.

Cross-cuts to be

closed.

Ibid. § 9.

Doors.

Ibid. § 10.

125. All main doors shall have an attendant whose constant duty it shall be to open them for transportation and travel and prevent them from standing open Main doors to longer than is necessary for persons or cars to pass through.

126. All main doors shall be so placed that when one door is open, another, which has the same effect upon the same current, shall be and remain closed and thus prevent any temporary stoppage of the air current.

127. An extra main door shall be so placed and kept standing open, so as to be

have attendant. Ibid. § 11.

How to be placed.

Ibid. § 12.

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