Sidebilder
PDF
ePub

charge of all places subject to factory inspection, to furnish, from time to time, to the factory inspector or his deputy the necessary information, and answer all questions, pertaining to the factory inspection laws and necessary to the making up of the inspector's report.

SEC. 21. Any person who violates any of the provisions of this act, or who suffers any child or female to be employed in violation of its provisions, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by fine of not more than five hundred dollars. In all such cases the hearing shall be conducted by the alderman or justice of the peace before whom inforination is lodged, and, after full hearing of parties in interest, the alderman or justice of the peace shall impose the fine herein provided, which shall be final unless an appeal be taken to the court of quarter sessions within twenty days from the date of the imposition of the fine, as herein provided.

SEC. 22. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Approved the 29th day of May, A. D. 1901.

Act No. 212.-Mine regulations— Provision for cases of accidental injury. SECTION 1. Within six (6) months after the passage of this act, it shall be unlawful to operate any anthracite mine, employing ten (10) men or more, in the State of Pennsylvania, unless said mine is provided with a sufficient quantity of linseed or olive oil, bandages, linen, splints, woolen and waterproof blankets. Said articles shall be stored in a room, erected at a convenient place in the mine, which room shall not be less than eight by twelve feet, and sufficiently furnished, lighted, clean and ventilated, so that therein medical treatment may be given injured employees in case of emergency. The furnishings shall be sufficient to accommodate two or more persons, in a reclining and sitting posture.

SEC. 2. It shall be the duty of the mine foreman or his assistants, in case of injury to any employee by explosion of gas or powder, or by any cause while said miners are at work in said mines, to at once visit the scene of accident, see that the injured is carefully wrapped in woolen blankets and removed to the medical room,” and so treated with oils or other remedies as will add to the comfort and care of the patient. After being treated with all the skill known to the foreman or his assistants, the injured person shall be carefully wrapped up and sent to the surface, to be taken home in an ambulance or to the mining hospital, as may be desired, without expense to the injured party.

SEC. 3. Where accident to any employee involves injury to limbs or causes loss of blood, the foreman or his assistants shall see that the bandages, splints and linen shall be applied where necessary to prevent loss of blood and relieve pain. The foreman shall, in all cases, see that the injured person is sent to the surface without delay. He shall also keep a book showing required articles on hand, name of persons injured, nature of injury, treatment, and by whom treated at time of accident.

SEC. 4. It shall be the duty of the mine inspector to visit each of the medical rooms in his district at least once in six months; see that the law is complied with; examine records of the medical room. He shall notify the county coroner of any neglect or noncompliance with the provisions of this act by any operator, which information shall be regarded as evidence on any inquest that may be held on employees, dying from injuries received while working in such anthracite mine.

SEC. 5. The neglect or refusal to perform the duties required to be performed by any section of this act by the parties therein required to perform them or the violation of any of the requirements hereof, shall be deemed a misdemeanor, and shall, upon conviction thereof in the court of quarter sessions of the county wherein the misdemeanor was committed, be punishable by a fine not exceeding five hundred dollars, or imprisonment in the county jail for a period not exceeding six months, or both, at the discretion of the court.

SEC. 6. For any injury to employees, occasioned by any violation of the act, or any failure to comply with its provisions, by any owners, operators or superintendent of any coal mine or colliery, a right of action shall accrue to the party injured against said owner or operator, for any direct injuries he may have sustained thereby; and in case of loss of life, limb or bodily power, by reason of such neglect or failure aforesaid, a right of action shall accrue to the person, widow or lineal heirs, for the recovery of damages for the injury he or they shall have sustained.

Sec. 7. The term “coal mine," as herein used, includes the shafts, slopes, drifts or inclined planes, connected with the excavations penetrating coal stratum or strata, which excavations are ventilated by one general air current, or division thereof, and connected by one general system of mine railroads, over which coal may be delivered to one or more parts outside the mine. The term “mine foreman” means the person who shall have, on behalf of the operators, immediate supervision of a coal mine. The term “operator” means any firm, corporation or individual operating any coal mine. The term “anthracite mine” shall include any coal mine not now included in the bituminous boundaries.

SEC. 8. All acts or parts of acts inconsistent herewith be and the same are hereby repealed, and all local laws inconsistent herewith are hereby repealed.

Approved the 29th day of May, A. D. 1901.

Act No. 245.— Examination, licensing, etc., of plumbers. SECTION 1. From and after the passage of this act, it shall not be lawful for any person or persons to carry on, or work at the business of, plumbing or house drainage in cities of the second class of this Commonwealth, until a certificate or license to engage in or work at said business shall have been granted said persons by the director of the department of public safety of such cities; nor until they have registered as such in the office of the board, or bureau, of health of said cities.

SEC. 2. All and every person or persons, engaged or engaging in the business or work of plumbing and house drainage in said cities, shall apply in writing to the said director of the department of public safety for such certificate or license; and if, after proper examination made by the board or bureau of health of said cities, such person or persons so applying shall be found competent, the same shall be certified to the director of said department, who shall thereupon issue a certificate or license to such person or persons, which shall entitle him or them to carry on said business, or work at the same. A register of all such applicants and the license or certificates issued shall be kept in said department, which said register shall be open to the inspection of all persons interested therein. The director of the department of public safety is hereby authorized to appoint a board of examiners; to consist of the health officer or superintendent of the board, or bureau, of health, one plumbing inspector, and two competent plumbers in no wise connected with the city government, who shall examine all applicants for license under the provisions of this act. The said board shall make all reasonable rules, regulations and examinations, which shall be approved by the said director. An examination of any one member of a firm or corporation, or of the superintendent or foreman thereof, shall be deemed sufficient. Said person or persons, firm or corporation, engaged or engaging in the business of plumbing or house drainage, shall pay for each examination the sum of five dollars, and each journeyman or person engaged in the work shall pay the sum of fifty cents, which sum shall be paid into the city treasury, for the use of said cities. The proper officers of said cities are hereby authorized to pay the plumbers acting on said board the sum of five dollars per day, for each day or session thus actually employed. The license or certificate granted under the provisions of this act may be revoked for a period of ninety days, by the director of the department of public safety, when any person or persons shall violate any of the provisions of this act, or for any other reasonable cause.

SEC. 71. Any person or persons who shall fail to comply with any of the provisions of this act, regarding the procuring of a certificate or license to engage in or work at the business of plumbing or house drainage, shall be liable to a fine of not less than ten dollars, nor exceeding fifty dollars, for each and every day he or they shall engage in or work at said business without having first obtained said certificate or license; * * which fines shall be recoverable before any alderman or police magistrate in said cities, by summary proceeding, and shall be sued for in the name of said cities, and when collected shall be paid into the treasury thereof.

SEC. 72. All acts or parts of acts inconsistent with the provisions of this act or supplied thereby, are hereby repealed.

Approved the 7th day of June, A. D. 1901.

*

Act No. 255.- Mine regulations, Inspection. SECTION 1. Article two of an act, entitled “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,”. approved the second day of June, Anno Domini one thousand eight hundred and ninety-one, [shall] be amended so as to read as follows:

Article II.-Inspectors and Inspection Districts. Section 1. The counties of Luzerne, Lackawanna, Carbon, Schuylkill, Northumberland and Columbia, shall be divided into six inspection districts, as follows:

Sec. 2. First district—The county of Luzerne. Second district-The county of Lackawanna. Third district—The county of Carbon. Fourth district—The county

way route.

of Schuylkill. Fifth district—The county of Northumberland. Sixth district—The county of Columbia.

Sec. 3. In order to fill any vacancy that may occur in the office of inspector of mines by reason of the expiration of term, resignation, removal for cause or from any other reason whatever, the judges of the court of Lackawanna County shall appoint an examining board for the county of Lackawanna, and the judges of the court of Luzerne County shall appoint an examining board for the counties of Carbon and Luzerne, and the judges of Schuylkill County shall appoint an examining board for the counties of Schuylkill, Northumberland and Columbia.

Sec. 4. The said board of examiners shall be composed of three reputable coal miners in actual practice and two reputable mining engineers, all of whom shall be appointed at the first term of court in each year, to hold their places during the year. Any vacancies that may occur in the board of examiners shall be filled by the court as they occur. The said board of examiners shall be permitted to engage the services of a clerk, and they, together with the clerk, shall each receive the sum of five (5) dollars per day for every day they are actually engaged in the discharge of their duties under this appointment, and mileage at the rate of six cents per mile from their home to the place of meeting and return, by the nearest practicable rail

Sec. 5. Whenever candidates for the office of inspector are to be examined, the said examiner[g] shall give public notice of the fact in not more than five newspapers published in the inspection district, and at least two weeks before the meeting, specifying the time and place where such meeting shall be held. The said examiners shall be sworn to a faithful discharge of their duties, and at least four of them shall sign a certificate, setting forth the fact of the applicants having passed a successful examination, and who have answered ninety per centum of the questions; the names of the applicants, the questions asked and answered thereto, shall be sent to the secretary of the Commonwealth, and published in at least two papers, daily or weekly, and shall give such certificate to only such applicant as has passed the required examination.

Sec. 6. The said board of examiners shall hold at least one su examination during each year, at least six months before the date of the general election, in the month of November of each year.

Sec. 7. At the next general election in November, the qualified voters of the first inspection district shall elect five qualified persons to act as mine inspectors of this Commonwealth; the qualified voters of the second inspection district shall elect four qualified persons to act as mine inspectors of this Commonwealth; the qualified voters of the third inspection district shall elect one qualified person to act as mine inspector of this Commonwealth; the qualified voters of the fourth inspection district shall elect four qualified persons to act as mine inspectors of this Commonwealth; the qualified voters of the fifth inspection district shall elect one qualified person to act as mine inspector of this Commonwealth: Provided, That the present mine inspectors in the several inspection districts shall continue in office until the expiration of the terms for which they have been appointed, and the number of inspectors to be elected at the coming election shall be reduced by the number of inspectors now regularly appointed and serving in said districts. When the terms of the present inspectors shall expire, their successors shall be elected in accordance with the provisions of this act. At the said first election under this act in November, anno Domini one thousand nine hundred and two, for said inspectors, the qualified electors of the first inspection district shall elect two inspectors; the qualified electors of the second inspection district shall elect two inspectors; the qualified electors of the fourth inspection district shall elect two inspectors; the qualified electors of the fifth inspection district shall elect one inspector, and the qualified electors of the sixth inspection district shall elect one inspector. At the expiration of the term of office of any of the present inspectors, who hold office under the appointment of the governor of the Commonwealth, the qualified electors of the third inspection district shall elect one inspector, and as further vacancies are caused by the expiration of the term of office of the present inspectors, the qualified electors of the several inspection districts shall elect inspectors to take their places, beginning with the first inspection district, then the second inspection district, third inspection district, fourth inspection district, fifth inspection district, and sixth inspection district, until each inspection district has its full quota of elected inspectors under this act. Said inspectors, elected under this act, shall be under the direction of the chief of the bureau of mines, who shall assign districts to the several inspectors in the respective counties in which they are elected.

Sec. 8. Candidates for the office of mine inspector shall file with the county commissioners a certificate from the mine examining board, as above set forth, before their names shall be allowed to upon the ballot as provided by the county commissioners for the general election; and the name of no person shall be placed upon the official ballot except such as has filed the certificate as herein required; and no person shall be qualified to act as such mine inspector unless such certificate has been previously filed with the county commissioners of his county.

Sec. 9. The person so elected must be a citizen of Pennsylvania and shall have attained the age of thirty years. He must have a knowledge of the different systems of work in coal mines, and he must produce satisfactory evidence to the board of examiners of having had at least five years practical experience in anthracite coal mines of Pennsylvania. He must have had experience in coal mines where noxious and explosive gases are evolved.

Before entering upon the duties of his office he shall take an oath or affirmation, before an officer properly qualified to administer the same, that he will perform his duties with fidelity and impartiality; whi n oath or affirmation shall be filed in the office of the prothonotary of the county. He shall provide himself with the most modern instruments and appliances for carrying out the intentions of this act.

Sec. 10. The salary of each of the said inspectors shall be three thousand dollars per annum, which salary, together with the expenses incurred in carrying into effect the provisions of this act, shall be paid by the State treasurer out of the treasury of the Commonwealth upon the warrant of the auditor general.

Sec. 11. Each of the said inspectors shall hold said office for a term of three years from the first Monday of January immediately succeeding his election to said office, and until his successor is duly elected and qualified.

Sec. 12. It shall be the duty of the chief of bureau of mines and mining to direct one or more of the inspectors who shall be elected under this act, and it shall be the duty of said inspectors to obey said orders of the said chief of bureau of mines and mining, to inspect such collieries as come under the act to which this act is an amendment in counties not mentioned in this amendment to said act, in such manner and at such times as is required by law, and the inspector inspecting said collieries shall make and include in his return a due report of said inspection.

Sec. 13. In case of death, resignation, removal from office, or other vacancies in the office of mine inspector before the expiration of said term of office, the judges of the court of common pleas of the county in which said vacancy occurs shall appoint a duly qualified person to fill said vacancy for the unexpired term. Said appointee to be one of the persons having filed with the county commissioners of said county a certificate from the board of examiners, showing he passed a successful examination before the said board, and is duly qualified as hereinbefore mentioned.

Sec. 14. In case the inspector becomes incapacitated to perform the duties of his office for a longer period than two weeks, it shall be the duty of the judges of the court of common pleas of the county from which said inspector was elected to deputize some competent person, recommended by the board of examiners, to fill the office of inspector until the said inspector shall be able to fulfill the duties of his office, and the person so appointed shall be paid in the same manner as is provided for the inspector of mines.

Sec. 15. Each of the said inspectors shall reside in the district for which he is elected, and shall give his whole time and attention to the duties of his office. He shall examine all the collieries in his district at least once every two months, as often in addition thereto as the necessities of the case or the condition of the mines require. He shall see that every necessary precaution is taken to secure the safety of the workmen and that the provisions of this act are observed and obeyed; and he shall personally visit each working face, and see that the air current is carried to the working faces and is of sufficient quantity or volume to thoroughly ventilate the places. He shall every three months make a report of the condition of each working face in each colliery, on a form to be furnished to the inspectors by the chief of the bureau of mines and mining, designating the gangway in which the working is situated, and the breast number of said working and their condition shall be designated by the words good, fair, or bad, as the circumstances may warrant; and the said report, or a duplicate, shall be placed in a weather and dust proof case, with a glass front; said case to be furnished by the operator, and placed in a conspicuous place at each mine opening, shaft, slope or drift, so that the workmen have easy access thereto. He shall certify in said report that the employees are hoisted to the surface of the ground or given access thereto according to law; he shall attend every inquest held by the coroner or his deputy upon the bodies of persons killed in or about the collieries in his district; he shall visit the scene of the accident, for the purpose of making an examination into the particulars of the same, wherever loss of life or serious personal injury occurs, as elsewhere herein provided for, and make an annual report of his proceedings to the secretary of internal affairs of the Commonwealth at the close of every year, enumerating all the accidents in and about the collieries of his district, marking in tabular form those accidents causing death or serious personal injury,

the condition of the workings of the said mines with regard to the safety of the workmen therein and the ventilation thereof, and the results generally shall be fully set forth; and such other duties as now are or hereafter may be required by law.

Sec. 16. The nomination and election of said mine inspectors shall be under the general election laws of this Commonwealth.

Sec. 17. The mine inspector shall have the right, and it is hereby made his duty, to enter, inspect and examine any mine or colliery in the territory allotted to him and the workings and machinery belonging thereto, at all reasonable times, either by day or by night, but not so as to obstruct or impede the working of the colliery, and shall have power to take one or more of his fellow inspectors into or around any mine or colliery in the territory allotted to him, for the purpose of consultation or examination.

He shall also have the right, and it is hereby made his duty, to make inquiry into the condition of such mine or colliery workings, machinery, ventilation, drainage, method of lighting or using lights, and into all matters and things connected with or relating to, as well as to make suggestions providing for, the health and safety of persons employed in or about the same, and especially to make inquiry whether the provisions of this act have been complied with.

The owner, operator or superintendent of such mine or colliery is hereby required to furnish the means necessary for such entry, inspection, examination, inquiry and exit.

The inspector shall make a record of the visit, noting the time and material circumstances of the inspection.

Sec. 18. No person who shall act or practice as a land agent, or as a manager or agent of any coal mine or colliery, who is pecuniarily interested in operating any coal mine or colliery, shall at the same time hold the office of inspector of mines under this act.

Sec. 19. Whenever a petition signed by fifty or more reputable coal miners, or by fifteen or more reputable coal operators, or more, or both, setting forth that any inspector of mines neglect[s] his duties, or is incompetent, or is guilty of malfeasance in office, it shall be the duty of the court of common pleas (of the county?] from which said inspector was elected to issue a citation, in the name of the Commonwealth, to the said inspector to appear at not less than five days' notice, on a day fixed, before said court, and the court shall then proceed to inquire into and investigate the allegations of the petitioners. If the court finds that the said inspector is neglectful of his duties, or is incompetent to perform the duties of his office for any cause that existed previous to his election, or that has arisen since his election, or that he is guilty of malfeasance in office, the court shall declare the said inspector removed from office and proceed to fill the vacancy. The cost of said investigation shall be borne by the removed inspector; but if the allegations in the petition are not sustained, the cost shall be paid by the treasurer of this Commonwealth upon warrant of the auditor general, or by the petitioners in case the court finds that there was no probable ground for said charge.

Sec. 20. The maps and plans of the mines and the records thereof, together with all the papers relating thereto, shall be kept by the inspector, properly arranged and preserved, in a convenient place in the territory to which the inspector has been allotted, and shall be transferred by him, with any other property of the Commonwealth that may be in his possession, to his successor in office.

Sec. 21. This act shall go into effect from the first day of January, Anno Domini one thousand nine hundred and two.

Sec. 22. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

Approved the 8th day of June, A. D. 1901.

Act No. 290.-—Payment of wages— Taxation of unredeemed scrip. SECTION 1. Every person, firm, partnership, corporation, or association shall, upon the first day of November of each and every year make a report, under oath or affirmation, to the auditor general, of the number and amount of all orders, checks, dividers, coupons, pass-books, and all other books and papers, representing the amount, in part or whole, of the wages or earnings of an employee, that was given, made or issued by him, them or it for payment of labor, and not redeemed by the said person, firm, partnership, corporation, or association, giving, making or issuing the same, by paying to the employee or a member of his family the full face value of said order, check, divider, coupon, pass-book, or other paper, representing an amount due for wages or earnings, in lawful money of the United States, within (30) days from the giving, making or issuing thereof; the honoring, though, of said order, check, divider, coupon, pass-book, or other paper, representing an amount due for

« ForrigeFortsett »