« ForrigeFortsett »
this law applies, is hereby required to give each month accurate
tion. een hundred dollars, payable monthly, and shall likewise be allowed and paid his necessary traveling expenses when absent from his office on business connected with his department; and he Maps and shall keep on file in his office maps and plans of all coal mines in plans of mines. operation in this State, which maps, plans and all the books, records and apparatus of his office he shall carefully keep, and turn over the same, with all official correspondence pertaining to his office, to his successor; and upon application of the owner, agent, lessee or superintendent therefor, he shall make out a duplicate of any map on file in his office of any mine owned or operated by the owner, agent, lessee or superintendent making such application, for the making of which duplicate a fee of five dollars must be paid, and which fee shall, within thirty days after its reception, be paid into the State treasury by the inspector receiving it.
SEC. 2728. There shall be provided for said inspector all instru- Instrumente. ments and chemical tests necessary for the discharge of his duties under this law, which shall be paid for on the order of the inspector, and which sha!l belong to the State.
SEC. 2729. The owner, agent, lessee or superintendent of every Maps. coal mine in this State, to which this law applies, shall annually, within sixty (60) days after the first day of January, make, or cause to be made, an accurate map or plan of the workings of such mine, on a scale of not more than one hundred feet to the inch, showing the area mined, and the form of the excavations up to the said first day of January, together with the location and connection with such excavations of the lines of all adjoining lands, and the name or names of each owner or owners, so far as known, marked on each tract; a true copy of which map the said owner, agent, lessee or superintendent shall deposit with the inspector of mines within seventy days after said first day of January, and another copy of which shall be kept at the office of such mine. But after the making and filing with said inspector of the first map of the mine, as required herein, the owner, agent, lessee or superintendent shall be required to annually make and file with sa id inspector, within the times herein specified, such additional map and statement as may be necessary to truly show the progress of the workings and the amount of excavation of said mine from the date of the preceding map or survey up to the first day of January, as provided herein. The inspector shall annually, on or before the first day of January, give warning notice that said map is required; and upon the refusal or failure of the agent, owner, lessee or superintendent receiving such notice to make or cause to be made such map within the sixty (60) days, and deposit the same with the inspector within the seventy (70) days specified herein, said owner, agent, lessee or superintendent shall be liable to a fine of five (5) dollars a day for each day elapsing until said map is made, said fine to be recovered in the county in which the mine to be mapped is situated. The correctness of each map provided for by this section shall be certified to by the person making such map; and the inspector may reject any map as incomplete the accuracy of which is not so attested.
Es c a p e SEC. 2730. It shall not be lawful for the owner, agent or superin
tendent of any coal mine, worked by a shaft, slope or drift, wherein fifteen thousand square yards have been excavated, to employ more than ten persons to work therein, or to permit more than ten persons to work in such mine, unless there are to every seam of coal worked in each mine at least two separate outlets, separated by natural strata of not less than one hundred feet in breadth, by which shafts or outlets, distinct means of ingress and egress are always available to the persons employed in such mines; but it shall not be necessary for the two outlets to belong to the same mine; and every shaft opened after the passage of this act shall have two such separate outlets, after fifteen thousand square yards shall have been excavated, and to all other mines, whether slopes or drifts, two such openings or outlets shall be provided within twelve months after the passage of this law, provided fifteen thousand square yards have been excavated at or before the passage of this law, or if not, then within twelve months after that extent has been excavated. In case any coal mine has but one shaft, slope or drift for the ingress or egress of the men working therein, and the owner thereof does not own suitable ground for another opening, such owner may select appropriate associate adjacent surface ground for that purpose, and have the same condemned, and appropriate the same by proceedings in the county court of the county where the mine is situated, similar to proceedings now allowed by law for securing a private
pass way. Ventilation. Sec. 2731. The owner, agent or lessee of every coal mine,
whether slope, shaft or drift, to which this act applies, shall provide and maintain for every such mine an amount of ventilation of not less than one hundred cubic feet of air per minute per person employed in such mine, which shall be circulated and distributed throughout the mine in such a manner as to dilute, render harmless, and expel the poisonous and noxious gases from each and every working place in the mine; and no working place shall be driven more than sixty feet in advance of a break through or air way; and all break throughs or air ways, except those last made near the working face of the mine, shall be closed up and made air-tight by brattice, trapdoors or otherwise, so that the currents of air in circulation in the mine may sweep to the interior of the excavations where the persons employed in the mines are at work; and all mines governed by this statute shall be provided with artificial means of producing ventilation, such as suction or forcing fans, exhaust steam, furnaces, or other contrivances, of such capacity and power as to produce and maintain an abundant supply of air. All mines generating fire damp shall be kept free from standing gas, and every working place shall be carefully examined every morning with a safety lamp, by a competent person or persons, before any of the workmen are allowed to enter the mine. And at every mine operated hy a shaft there shall be provided an approved safety catch, and a sufficient cover overhead, on all cages used for lowering and hoisting persons, and at the top of every shaft a safety gate shall be provided, and an adequate brake shall be attached to every drum or machine used
in lowering or raising persons in all shafts and slopes. Negligence SEC. 2732. Any person employed in any mine governed by this of employees. statute who intentionally or willfully neglects or refuses to se
curely prop the roof of any working place under his control, or neglects or refuses to obey any order given by the superintendent of the mine in relation to the security of that part of the bank where he is at work, and whoever knowingly and willfully does
any aet endangering the lives or health of the persons employed Penalty in a mine, or the security of the mine or machinery, shall be liable
to a fine of not less than ten dollars nor more than fifty dollars, to be recovered in the county in which the mine is situate.
The duty of caring for props does not devolve upon one not engaged in taking out coal, as a track la yer. Such an employee has a right to rely on the master's duty to furnish him a safe place to work, and is not to be charged with contributory negligence where an accident arises from defective conditions. 43 S. W. Rep. 207.
SEC. 2733. Coal mines in which not more than five persons are Exempted employed at one time shall be exempt from the provisions of this mines. law [secs. 2722 to 2733].
Sec. 2733A, 1. When a majority of the miners engaged in digging Check weighor mining coal at any coal mine in this State at which as many man. as twenty men are employed, request the owner or owners or operator or operators of any of said mines to allow said miners to employ, at their own expense, a person to inspect the scales at said mine and see that the coal digged and mined by said miners is properly weighed and accounted for, and do and perform such other duties as will insure that said coal is properly weighed and correctly accounted for, said owner or owners or operator or operators shall permit such person to be employed by said miners making the request: Provided, The person so employed has the reputation of being an honest, trustworthy, discreet and upright man. The appointment under the provisions of this act of each inspector and assistant weigher shall be approved by the judge of the county court of the county wherein the same is made.
2. The person appointed and employed by miners to perform the duties set forth in the first section of this act shall at all times have free access to the scales at the mines, and the said person so employed by the miners shall not be hindered or prevented from a proper performance of his duties by the person who weighs coal for the operator or operators of any mines, nor any of the agents or employees of said operator or operators. Said person employed by the miners shall in no way prevent the weighman or other employees of said operator or operators from performing their duties in a proper manner.
3. Any person violating any of the provisions of this act [sec. 2733A) shall be fined not less than ten nor more than fifty dollars, and each day on which any of the provisions of this act is violated shall constitute a separate offense.
Sec. 2736. Every mine subject to the provisions of the act pro. Inspections. viding for the inspection of coal mines shall be inspected not less than three times each year, the inspection to be, as nearly as possible, not more than four months apart, and as many more times as the facilities of the office will permit.
Sec. 2737. In order that the requirement of section 2736 above Assistant inmay be carried out, there shall be appointed by the governor, spector. with the advice and consent of the senate, an assistant inspector of mines, who shall hold his office for four years; but shall be liable to be removed by the governor for willful neglect of duty or malfeasance in office. Said assistant inspector shall have a practical knowledge of the different systems of working and ventilating coal mines, and of the nature and properties of the noxious and poisonous gases of the mines, especially of fire damp, and he shall also have a practical knowledge of mining. Said assistant inspector shall, before entering upon the discharge of his official duties, be sworn to discharge them faithfully and impartially, which oath shall be subscribed on his commission and certified by the officer administering it, and his commission, so indorsed, shall be filed with the secretary of state in his office, and said assistant inspector shall give bond in the penal sum of two thousand dollars, with surety, to be approved by the governor, for the faithful discharge of his official duties.
SEC. 2738. Said assistant inspector shall give his entire time Duties. and attention to the duties of his office, which shall consist of aiding, under the direction of the inspector of mines, in carrying out the provisions of this and all other acts relating to the inspection of coal mines.
SEC. 2739. Such assistant inspector, while in office, shall not act Salary, etc. as agent or as a manager or mining engineer for, or be interested in operating any coal mine in this State. He shall receive an annual salary of $1,200 (twelve hundred dollars), payable monthly, and shall likewise be allowed and paid his necessary traveling expenses when absent from his oflice on business connected with
his department. He shall have his office with the inspector of mines in the statehouse at Frankfort, and shall keep a record of all inspections made by him, and make a monthly report of the same to the inspector of mines for said inspector's use when pre
paring his annual report. Semimonthly SEC. 2739A. 1. All persons, associations, companies and corporapay day.
tions employing the services of ten or more persons in any mining work or mining industry in this Commonwealth, shall, on or before the fifteenth and thirtieth days of each month, pay to within fifteen days of the aforesaid fifteenth and thirtieth days, respectively, each servant or employee, in lawful money of the United States, the full amount of wages due each such servant or employee rendering such service, unless prevented by an unavoidable casualty: Provided, however, That if at any time of payment any servant or employee shall be absent from his place of labor, he shall be entitled to such payment at any time thereafter on
demand. Coercion 2. It shall be unlawful for any person or persons, association, to trade.
company, or corporation employing others, as described in [sub] section 1, either directly or indirectly, to coerce or require any such servant or employee to deal with or purchase any article of food, clothing or merchandise of any kind whatever, from any person, association, corporation or company, or at any place or store whatever. And it shall be unlawful for any of such employers as described in the first section to exclude from work, or to punish or blacklist any of said employees for failure to deal with any other or to purchase any article of food, clothing or merchandise
whatever from any other or at any place or store whatever. Penalty. 3. Any person or persons, company or corporation described in
the first [sub] section that shall violate any of the 'provisions of
Employment offices, etc. SECTION 3011 (as amended by chapter 33, Acts of 1904). The quired.
general council [of cities of the first class) shall, by ordinance, provide for the following licenses to be paid into the sinking fund, with adequate penalties for doing business without the required license:
For employ- For each
employment ment offices, agency or information bureau,
not less than twenty-five etc.
dollars nor more than five hundred dollars per annum.
ACTS OF 1906.
CHAPTER 52.-Employment of children-Hours of labor-Age
limit-Factory inspection. Hours of SECTION 1. No child under sixteen years of age, employed in any labor.
manufacturing establishment, mine, mill or workshop in this Commonwealth, shall be required, permitted or suffered to work therein more than sixty hours in any one week, nor more than
ten hours in any one day, unless for the purpose of making a Night work. shorter workday on any one day of the week, and in no case shall
any child under sixteen years of age work in any manufacturing establishment, mine, mill or workshop after seven o'clock in the evening or before six o'clock in the morning of any day; and every person, firm, corporation or company employing any child under sixteen years of age in any manufacturing establishment, mine, mill or workshop shall post, and keep posted, in a conspicuous place in the office, a printed notice, stating the number of hours of labor per day required of such persons for each day of the week, and the number of hours of labor exacted or permitted to be performed by such persons shall not exceed the number of hours of labor so posted as being required. The time of begin
ning and ending the day's labor shall be the time stated in such · notice.
SEC. 2. No child under fourteen (14) years of age shall be em- Age limit. ployed at any time in any factory, workshop, mill or mine, unless said child shall have no other means of support. No such child shall be employed in any mercantile establishment, nor in any service of any telegraph, telephone or public messenger company, laundry, printing establishment, except during the vacation of the public schools. No child under sixteen (16) years of age shall be employed at any occupation dangerous or injurious to health or morals. And in event of disagreement between the labor inspector and proprietor, the city or county physician shall be called in as referee, and his decision shall be final. It shall Register. be the duty of every person employing children to keep a register in which shall be recorded the name, birthplace, age and place of residence of every person employed by him under the age of sixteen years; and it shall be unlawful for any proprietor, agent, foreman or other person in or connected with a manufacturing establishment, mine, mill or workshop to hire any child under the age of sixteen years to work therein without there is first provided and placed on file in the office an affidavit made by the parent or guardian, stating the age, date and place of birth of said child. If said child has no parent or guardian, the said affidavit shall be made by the child, which affidavit shall be kept on file by the cmployer, and said register and affida vit shall be produced for inspection on demand by the labor inspector. There shall be posted conspicuously in every office of every factory, mill, workshop or mine, where children under sixteen years of age are employed, a list of their names, with their ages, respectively. The labor inspector shall have the power to demand a certificate of physical fitness from the city or county physician in the case of children whom he deems physically unable to perform the labor at which they may be employed, and shall have the power to prohibit the employment of any child that can not obtain such a certificate.
Sec. 3. No person, firm or corporation shall employ or permit Operating any child under the age of sixteen years to have the care, cus- elevator, etc. tody, management of, or to operate any elevator, nor shall any person under sixteen years of age be employed at sewing belts or [to] assist in sewing belts.
SEC. 4. It shall be the duty of the owner of any manufacturing Guards for establishment, or his agents, superintendents or other person in dangerous ma
chinery, etc. charge of the same, to furnish and supply, when practicable, or cause to be furnished and supplied therein, belt shifters, or other sa fe mechanical contrivances for the purpose of throwing belts on or off pulleys; and, whenever practicable, machinery therein shall be provided with loose pulleys. All vats, pans, saws, planes, cogs, gearing, belting, set screws and machinery of every description therein, which is palpably dangerous, where practicable, shall be properly guarded, and no person shall remove or make ineffective any safeguard around or attached to any planer, saw, belting, shafting or other machinery, or around any vat or pan, while the same is in use, unless for the purpose of immediately making repairs thereto, and all such safeguards shall be promptly replaced. No person under eighteen years of age shall be allowed
moving mato clean machinery while in motion.
chinery Sec. 5. Suitable and proper wash rooms and water-closets shall Wash rooms, be provided in each manufacturing establishment, and such water- etc. closets shall be properly screened and ventilated and be kept at all times in a clean condition; and if women and girls are employed in any such establishment, the water-closets shall have separate approaches and be separate and apart from those used by men. All closets shall be kept free (from) obscene writing and