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diff --git a/17449-h/17449-h.htm b/17449-h/17449-h.htm new file mode 100644 index 0000000..7d670ce --- /dev/null +++ b/17449-h/17449-h.htm @@ -0,0 +1,4961 @@ +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> +<html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en" lang="en"> + <head> + <meta http-equiv="Content-Type" content="text/html;charset=us-ascii" /> + <title> + The Project Gutenberg eBook of Mining Laws Of Ohio, by The Department of Industrial Relations. + </title> + <style type="text/css"> +/*<![CDATA[ XML blockout */ +<!-- + p + { + margin-top : 0.75em; + text-align : justify; + margin-bottom : 0.75em; + } + h1, h2, h3, h4, h5, h6 + { + text-align : center; /* all headings centered */ + clear : both; + margin-top : 2em; + } + hr.short + { + width : 17%; + margin-top : 0em; + margin-bottom : 0em; + margin-left : auto; + margin-right : auto; + clear : both; + } + hr.midlen + { + width : 67%; + margin-top : 2em; + margin-bottom : 2em; + margin-left : auto; + margin-right : auto; + clear : both; + } + + table + { + margin-left : auto; + margin-right : auto; + } + tr + { + vertical-align : top; + } + + body + { + margin-left : 10%; + margin-right : 10%; + } + + .blockquot + { + margin-left : 5%; + margin-right : 10%; + } + + .left + { + text-align : left; + } + .center + { + text-align : center; + } + .right + { + text-align : right; + } + + caption + { + font-weight : bold; + } + + .in1em + { + margin-left : 1em; + } + .in2em + { + margin-left : 2em; + } + .in3em + { + margin-left : 3em; + } + + // --> + /* XML end ]]>*/ + </style> + </head> +<body> + + +<pre> + +The Project Gutenberg EBook of Mining Laws of Ohio, 1921, by Anonymous + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Mining Laws of Ohio, 1921 + +Author: Anonymous + +Editor: The Department of Industrial Relations + +Release Date: January 3, 2006 [EBook #17449] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK MINING LAWS OF OHIO, 1921 *** + + + + +Produced by Audrey Longhurst, Tony Browne and the Online +Distributed Proofreading Team at http://www.pgdp.net + + + + + + +</pre> + + +<p class="center"> +<a href="#mining_laws_of_ohio"><b>Mining Laws of Ohio</b></a><br /> +<a href="#foreword"><b>FOREWORD.</b></a><br /> +<a href="#notice"><b>NOTICE.</b></a><br /> +<a href="#table_of_contents"><b>TABLE OF CONTENTS.</b></a><br /> +<a href="#index"><b>INDEX.</b></a><br /> +</p> + + + + +<h1><a name="mining_laws_of_ohio" id="mining_laws_of_ohio" />Mining Laws of Ohio</h1> + +<h2>1921</h2> + +<h3>COMPILED BY</h3> + +<h2>THE DEPARTMENT OF INDUSTRIAL RELATIONS</h2> + + +<h4> +Columbus, Ohio<br /> +THE F.J. HEER PRINTING CO.<br /> +1921<br /> +Bound at the State Bindery<br /> +</h4> + + + + +<hr class="midlen" /> +<h2><a name="foreword" id="foreword" /><b>FOREWORD.</b></h2> + + +<h3><b>The Department of Industrial Relations.</b></h3> + + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>All the statutes printed in this pamphlet are in full force and +effect.</p> + +<p class="center">The Department of Industrial Relations,</p> + +<p class="right"> +WILLIAM ROBINETT,<br /> +<i>Chief, Division of Mines</i>.<br /> +</p> + + + +<hr class="midlen" /> +<h2><a name="notice" id="notice" /><b>NOTICE.</b></h2> + + +<p>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.</p> + +<p>Persons are also requested to consult the <a href="#table_of_contents">Table of Contents</a> as well +as the <a href="#index">Classified Index</a> which is given in minute detail.</p> + +<p>Also read carefully the <a href="#penalties"><i>Penalties</i></a> which are provided in <a href="#sec976">Section +976</a> for violation of all laws commencing with duty of County Coroner +in <a href="#sec921">Section 921</a>, and ending with <a href="#sec975">Section 975</a>, with the exception of +<a href="#sec968">Sections 968</a>, <a href="#sec969">969</a> and <a href="#sec972">972</a>, for which no penalties are provided.</p> + + + +<hr class="midlen" /> +<p><a name="table_of_contents" id="table_of_contents" /></p> + + +<table><caption><br /><big><big>TABLE OF CONTENTS.</big></big></caption> +<tr><th> </th><th> </th><th class="left">SECTIONS.</th></tr> +<tr><td><a href="#chief_and_district_inspectors">Relating to chief and district inspectors</a></td><td> </td><td>899-920</td></tr> +<tr><td><a href="#county_recorder_and_county_coroner">Relating to county recorder and county coroner</a></td><td> </td><td>921</td></tr> +<tr><td><a href="#owner_lessee_or_agent">Relating to owner, lessee or agent</a></td><td> </td><td>922-950</td></tr> +<tr><td><a href="#superintendent_mine_foreman_and_over_seer">Relating to superintendent, mine-foreman and over-seer</a></td><td> </td><td>951-954</td></tr> +<tr><td><a href="#stableman_and_fire_boss">Relating to stableman and fire-boss</a></td><td> </td><td>955</td></tr> +<tr><td><a href="#employes_generally">Relating to employes generally</a></td><td> </td><td>956-963</td></tr> +<tr><td><a href="#persons_not_employes">Relating to persons not employes</a></td><td> </td><td>964</td></tr> +<tr><td><a href="#general_provisions">General provisions</a></td><td> </td><td>965-972</td></tr> +<tr><td><a href="#oil_and_gas_well_through_coal_measures">Relating to oil and gas well through coal measures</a></td><td> </td><td>973</td></tr> +<tr><td><a href="#illuminating_oil_for_mines">Relating to illuminating oil for mines</a></td><td> </td><td>974-975</td></tr> +<tr><td><a href="#penalties">Relating to penalties</a></td><td> </td><td>976</td></tr> +<tr><td><a href="#solid_shooting">Regulating and prohibiting solid shooting</a></td><td> </td><td>976-1-2</td></tr> +<tr><td><a href="#fines_collected_prosecutions_when_act_takes_effect_and_repeals">Relating to fines collected, prosecutions, when act takes effect, and repeals</a></td><td> </td><td>977-978</td></tr> +<tr><td><a href="#weighing_of_coal">Regulation of weighing of coal</a></td><td> </td><td>978-1-7</td></tr> +<tr><td><a href="#employment_of_minors">Relating to employment of minors</a></td><td> </td><td>13001-13002</td></tr> +<tr><td><a href="#department_of_industrial_relations">Relating to Department of Industrial Relations</a></td><td> </td><td>154-1-6-45</td></tr> +</table> + + + +<hr class="midlen" /> +<h3><a name="chief_and_district_inspectors" id="chief_and_district_inspectors" /><b>RELATING TO CHIEF INSPECTOR OF MINES AND DISTRICT INSPECTORS OF +MINES.</b></h3> + + + +<p>Mining Laws of Ohio</p> + + +<p><a name="sec898" id="sec898" />Sec. 898. Repealed. (Appointment of chief.)</p> + + +<p><a name="sec899" id="sec899" />Sec. 899. [<b>Qualifications of chief inspector of mines.</b>] 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.</p> + + +<p><a name="sec900" id="sec900" />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.</p> + + +<p><a name="sec901" id="sec901" />Sec. 901. [<b>Qualifications of district inspectors of mines.</b>] 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.</p> + + +<p><a name="sec902" id="sec902" />Sec. 902. Repealed. (Devoting entire time to duties.)</p> + + +<p><a name="sec903" id="sec903" />Sec. 903. Repealed. (Bond.)</p> + + +<p><a name="sec904" id="sec904" />Sec. 904. [<b>Offices of inspectors.</b>] 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.</p> + + +<p><a name="sec905" id="sec905" />Sec. 905. Repealed. H.B. 249—Sec. 3, 109 O.L.; 105. (Salaries and +expenses of inspectors.)</p> + + +<p><a name="sec906" id="sec906" />Sec. 906. [<b>Duties of chief inspector.</b>] 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. (<a href="#sec967">Sec. 967</a>.)</p> + + +<p><a name="sec907" id="sec907" />Sec. 907. [<b>Duty in case of fatal accident.</b>] 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. (<a href="#sec921">Sec. 921</a>, <a href="#sec934">934</a>, <a href="#sec940">940</a>, <a href="#sec951">951</a>.)</p> + + +<p><a name="sec908" id="sec908" />Sec. 908. Repealed. (Annual Report.)</p> + + +<p><a name="sec909" id="sec909" />Sec. 909. [<b>Duties of district inspectors of mines.</b>] 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. +(<a href="#sec913">Sec. 913</a>.)</p> + + +<p><a name="sec910" id="sec910" />Sec. 910. [<b>District inspectors as sealers of weights and +measures.</b>] 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. (<a href="#sec941">Sec. 941</a>.)</p> + + +<p>[<b>Duty of district inspectors in case of controversy.</b>] 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.</p> + + +<p><a name="sec911" id="sec911" />Sec. 911. [<b>Inspectors shall exercise discretion.</b>] 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. (<a href="#sec947">Sec. 947</a>-<a href="#sec948">948</a>.)</p> + + +<p><a name="sec912" id="sec912" />Sec. 912. [<b>Inspectors shall have access to mines.</b>] 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.</p> + + +<p>[<b>Examination of record of minors employed.</b>] 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. (<a href="#sec944">Sec. 944</a>-<a href="#sec953">953</a>.)</p> + +<div class="blockquot"><p>"The provisions of Section <a href="#sec912">912</a>, <a href="#sec944">944</a> and <a href="#sec953">953</a> 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 <a href="#sec13002">Section 13002</a> G.C."</p> + +<p>Opinion No. 885 office of the Attorney General, State of +Ohio, December 21, 1917.</p></div> + + +<p><a name="sec913" id="sec913" />Sec. 913. [<b>Report of district inspector to chief inspector.</b>] 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. (<a href="#sec909">Sec. 909</a>.)</p> + + +<p><a name="sec914" id="sec914" />Sec. 914. [<b>Duties of chief inspector and oil and gas well +inspector.</b>] 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 <a href="#sec973">section 973</a> 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.</p> + +<p>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 <a href="#sec973">section 973</a> 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.</p> + +<p>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.</p> + +<p>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 <a href="#sec973">section 973</a>, 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.</p> + + +<h4><b>Chief Inspector of Mines Shall Provide and Maintain Rescue +Apparatus.</b></h4> + + +<p><a name="sec915" id="sec915" />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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>(103 O.L. 467.)</p> + + +<h4><b>Five Rescue Stations to be Provided and Maintained; Equipment of +Same.</b></h4> + + +<p><a name="sec915_1" id="sec915_1" />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.</p> + + +<h4><b>Location of Stations; Superintendent; Salary.</b></h4> + +<p>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.</p> + + +<h4><b>Qualifications of Superintendent.</b></h4> + +<p>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.</p> + + +<h4><b>Duties of Superintendent.</b></h4> + +<p>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.</p> + +<p>(108 O.L. 1278.)</p> + + +<p><a name="sec916" id="sec916" />Sec. 916. [<b>Action for non-compliance with provisions of this act.</b>] +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. (<a href="#sec927">Sec. 927</a>-<a href="#sec928">928</a>.)</p> + + +<p><a name="sec917" id="sec917" />Sec. 917. [<b>Failure to make map and forfeiture.</b>] 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. (<a href="#sec904">Sec. +904</a>, <a href="#sec935">935</a>, <a href="#sec936">936</a>, <a href="#sec937">937</a>.)</p> + + +<p><a name="sec918" id="sec918" />Sec. 918. [<b>Complaint against district inspector; how made.</b>] 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.</p> + + +<p>[<b>Complaint against chief inspector, how made; appeal.</b>] 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.</p> + + +<p><a name="sec919" id="sec919" />Sec. 919. [<b>Appeal and hoard of examiners.</b>] 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.</p> + + +<p>[<b>Duties of board.</b>] 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.</p> + + +<p><a name="sec920" id="sec920" />Sec. 920. [<b>This act shall not create new office or displace any +officer.</b>] 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.</p> + + + +<h3><a name="county_recorder_and_county_coroner" id="county_recorder_and_county_coroner"><b>RELATING TO COUNTY RECORDER AND COUNTY CORONER.</b></a></h3> + + +<p><a name="sec921" id="sec921" />Sec. 921. [<b>Duty of Recorder.</b>] 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. (<a href="#sec937">Sec. 937</a>.)</p> + + +<p>[<b>Duty of coroner.</b>] 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. (<a href="#sec940">Sec. 940</a>; +Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + + +<h3><a name="owner_lessee_or_agent" id="owner_lessee_or_agent"><b>RELATING TO OWNER, LESSEE OR AGENT.</b></a></h3> + + +<p><a name="sec922" id="sec922" />Sec. 922. [<b>Ventilation of mines.</b>] 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.</p> + + +<p>[<b>Additional requirements where fire-damp is present.</b>] 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. (<a href="#sec923">Sec. 923</a>, <a href="#sec924">924</a>, <a href="#sec952">952</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec923" id="sec923" />Sec. 923. [<b>Ventilating appliances.</b>] 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. (<a href="#sec943">Sec. 943</a>, <a href="#sec958">958</a>; +Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec924" id="sec924" />Sec. 924. [<b>Ventilation of mines while persons working therein.</b>] 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. (<a href="#sec922">Sec. 922</a>, <a href="#sec923">923</a>, <a href="#sec952">952</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p>[<b>Pressure gauges.</b>] 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, +<a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec925" id="sec925" />Sec. 925. [<b>Competent person or persons shall be designated as +fire-boss.</b>] 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.</p> + + +<p>[<b>Examination of other than working places.</b>] 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. (<a href="#sec955">Sec. 955</a>, <a href="#sec959">959</a>; Penalty, <a href="#sec976">Sec. +976</a>.)</p> + + +<p><a name="sec926" id="sec926" />Sec. 926. [<b>Breakthroughs and brattices.</b>] 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, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec927" id="sec927" />Sec. 927. [<b>Safe appliances for hoisting persons.</b>] 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.</p> + + +<p>[<b>Emergency appliances.</b>] 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.</p> + + +<p>[<b>Competent engineers.</b>] 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. (<a href="#sec916">Sec. 916</a>, <a href="#sec928">928</a>; +Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec928" id="sec928" />Sec. 928. [<b>Metal speaking tube and safety appliances.</b>] 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. (<a href="#sec916">Sec. 916</a>, <a href="#sec927">927</a>; Penalty, +<a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec929" id="sec929" />Sec. 929. [<b>Hoisting and lowering of persons.</b>] 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.</p> + + +<p><a name="sec930" id="sec930" />Sec. 930. [<b>Owner, lessee or agent shall provide second opening.</b>] +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.</p> + + +<p>[<b>Fire protection to shafts.</b>] 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, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec931" id="sec931" />Sec. 931. [<b>Separate traveling ways.</b>] 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.</p> + + +<p>[<b>Traveling ways and refuge holes.</b>] 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. (<a href="#sec932">Sec. 932</a>, <a href="#sec959">959</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec932" id="sec932" />Sec. 932. [<b>Detached locomotive from moving train. Traveling way +where locomotive is detached.</b>] 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. (<a href="#sec931">Sec. 931</a>, <a href="#sec959">959</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p>[<b>Additional means of egress when inundation is probable.</b>] 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. (<a href="#sec950">Sec. 950</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec933" id="sec933" />Sec. 933. [<b>Duties of owner, lessee or agent relating to supplying +timber.</b>] 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. (<a href="#sec953">Sec. 953</a>, <a href="#sec956">956</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec934" id="sec934" />Sec. 934. [<b>Provisions for persons injured at mines.</b>] 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. (<a href="#sec907">Sec. 907</a>, <a href="#sec921">921</a>, <a href="#sec940">940</a>, <a href="#sec951">951</a>; +Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec934_1" id="sec934_1" />Sec. 934-1. [<b>Owner, lessee or agent shall provide and maintain wash +room.</b>] 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.</p> + + +<p><a name="sec934_1a" id="sec934_1a" />Sec. 934-1a. [<b>Penalty.</b>] 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 <a href="#sec934_1">section 934-1</a> 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.</p> + +<p>(This act became effective June 16, 1921.) (109 O.L. 22.)</p> + + +<p><a name="sec934_2" id="sec934_2" />Sec. 934-2. [<b>Owner, lessee or agent shall install telephone +system.</b>] 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.</p> + + +<p><a name="sec934_3" id="sec934_3" />Sec. 934-3. [<b>Penalty.</b>] 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 <a href="#sec934_2">section 934-2</a> 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.</p> + +<p>(This act became effective June 22, 1921.) (109 O.L. 48-49.)</p> + + +<p><a name="sec935" id="sec935" />Sec. 935. [<b>Owner or lessee shall make map of mine.</b>] 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. (<a href="#sec904">Sec. 904</a>, <a href="#sec917">917</a>, <a href="#sec936">936</a>, <a href="#sec937">937</a>; Penalty, +<a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec936" id="sec936" />Sec. 936. [<b>Addition to map, and certificate of engineer and +mine-foreman.</b>] 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 <a href="#sec935">preceding section</a>, to date of survey. The map, or +maps, required by this and the <a href="#sec935">preceding section</a>, 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:</p> + +<div class="blockquot"><p>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 ..............................................</p> + +<p class="right">............................. +<br />Engineer.</p> + +<p>Acknowledged before me a ...................... this +.............. day of ......................................</p> + +<p class="right">.............................</p> + + +<p>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 +............................................................</p> + +<p class="right">............................. +<br />Mine-Foreman.</p> + +<p>Acknowledged before me a ....................... this +................ day of ....................................</p> + +<p class="right">.............................</p></div> + +<p>(Sec. 904, 917, 937; Penalty, Sec. 976.)</p> + + +<p><a name="sec937" id="sec937" />Sec. 937. [<b>Owner, lessee or agent shall file map of abandoned mine +with county recorder and chief inspector of mines.</b>] 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. (<a href="#sec921">Sec. 921</a>.)</p> + + +<p>[<b>Copy of map to be filed with chief inspector.</b>] 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. (<a href="#sec904">Sec. 904</a>, <a href="#sec917">917</a>, <a href="#sec935">935</a>, <a href="#sec936">936</a>; Penalty, +<a href="#sec976">Sec. 976</a>.)</p> + + +<h4><b>Precaution when approaching abandoned mine.</b></h4> + + +<p><a name="sec938" id="sec938" />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.)</p> + + +<p><a name="sec939" id="sec939" />Sec. 939. [<b>Notice must be sent to chief inspector in certain +cases.</b>] 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. +(<a href="#sec940">Sec. 940</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec940" id="sec940" />Sec. 940. [<b>Notice of accidents.</b>] 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. (<a href="#sec907">Sec. 907</a>, +<a href="#sec921">921</a>, <a href="#sec934">934</a>, <a href="#sec951">951</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p>[<b>Return of owner, lessee or agent.</b>] 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, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec941" id="sec941" />Sec. 941. [<b>Test weights to be provided.</b>] 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. (<a href="#sec910">Sec. 910</a>.)</p> + + +<p>[<b>Owner, lessee or agent shall provide safety lamps.</b>] 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.</p> + + +<p>[<b>Owner, lessee or agent shall provide shields on mining machines.</b>] +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. (<a href="#sec957">Sec. 957</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + + +<h3><a name="signal_code" id="signal_code"><b>SIGNAL CODE.</b></a></h3> + + +<p><a name="sec942" id="sec942" />Sec. 942. [<b>Signals at mines, how conducted; devices to be used.</b>] +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:</p> + + +<h3><b>SIGNAL CODE.</b></h3> + + +<h4><b>From the Bottom to the Top.</b></h4> + + +<p>[<b>One ring or whistle.</b>] 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.</p> + + +<p>[<b>Two rings or whistles.</b>] Two rings or whistles shall signify to +lower cage.</p> + + +<p>[<b>Three rings or whistles.</b>] 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.</p> + + +<p>[<b>Four rings or whistles.</b>] Four rings or whistles shall signify to +hoist slowly, implying danger.</p> + + +<p>[<b>Five rings or whistles.</b>] Five rings or whistles shall signify +accident in the mine and a call for a stretcher.</p> + + +<h4><b>From the Top to the Bottom.</b></h4> + + +<p>[<b>One ring or whistle.</b>] One ring or whistle from the top to the +bottom shall signify: All ready, get on cage.</p> + + +<p>[<b>Two rings or whistles.</b>] Two rings or whistles shall signify: Send +away empty cage.</p> + + +<p>[<b>Addition to code, when allowed; code must be posted at top and +bottom.</b>] 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.</p> + + +<p>[<b>Emergency signal in shafts.</b>] 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. +(<a href="#sec929">Sec. 929</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec943" id="sec943" />Sec. 943. [<b>Lights in mines.</b>] 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. (<a href="#sec961">Sec. 961</a>.)</p> + + +<p>[<b>Light or signal on locomotives and trains.</b>] 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. (<a href="#sec923">Sec. +923</a>, <a href="#sec958">958</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec944" id="sec944" />Sec. 944. [<b>Employment of minors.</b>] 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. (<a href="#sec912">Sec. 912</a>, <a href="#sec953">953</a>.) (See Child +Labor Law, <a href="#sec13002">Sec. 13002</a>, page ——).</p> + +<div class="blockquot"><p>"The provisions of <a href="#sec912">Section 912</a>, <a href="#sec944">944</a> and <a href="#sec953">953</a> 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 <a href="#sec13002">Section 13002</a> G.C."</p> + +<p>Opinion No. 885 office of the Attorney General, State of +Ohio, December 21, 1917.</p></div> + + +<p>[<b>Removal of combustible matter.</b>] 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. (<a href="#sec956">Sec. 956</a>.)</p> + + +<p>[<b>Quantity of oil in mine restricted.</b>] 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. (<a href="#sec974">Sec. +974</a>, <a href="#sec975">975</a>.)</p> + + +<p>[<b>Location of boilers at mine.</b>] 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, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec945" id="sec945" />Sec. 945. [<b>Relating to underground stables.</b>] 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. (<a href="#sec955">Sec. 955</a>, <a href="#sec960">960</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec946" id="sec946" />Sec. 946. [<b>Relating to use of gasoline in mines.</b>] 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, <a href="#sec976">Sec. +976</a>.)</p> + + +<p><a name="sec947" id="sec947" />Sec. 947. [<b>Relating to use of electricity in mines.</b>] 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:</p> + + +<p>[<b>Trolley wires.</b>] 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.</p> + + +<p>[<b>Wires crossing traveling ways.</b>] 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.</p> + + +<p>[<b>Wires opposite rooms and refuge holes.</b>] All trolley and positive +feed wires shall be placed on opposite side of track from refuge +holes or necks of rooms.</p> + + +<p>[<b>Bare wires; when not to extend into working places.</b>] 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.</p> + + +<p>[<b>Switches and circuit-breakers.</b>] Switches or circuit-breakers +shall be provided to control the current at the mine, and at all +important points in the mine.</p> + + +<p>[<b>Machine feed wires and insulators.</b>] 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.</p> + + +<p>[<b>Wires in shafts or slopes.</b>] 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.</p> + + +<p>[<b>Wires; how placed in rooms.</b>] 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.</p> + + +<p>[<b>Protection of terminal ends.</b>] All terminal ends of positive wires +shall be guarded so as to prevent persons inadvertently coming in +contact therewith.</p> + + +<p>[<b>Connection of negative wires, pipe lines and track. Bonding of +track.</b>] 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.</p> + + +<p>[<b>Trolley wires; how erected.</b>] 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.</p> + + +<p>[<b>Locomotive must not be operated improperly.</b>] 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.</p> + + +<p>[<b>Protection to machine cable crossing entry track.</b>] 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. (<a href="#sec911">Sec. 911</a>, +<a href="#sec948">948</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec948" id="sec948" />Sec. 948. [<b>Voltage at mines hereafter electrically equipped.</b>] 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:</p> + + +<p>[<b>Limit to voltage in or about working places.</b>] 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.</p> + + +<p>[<b>Relating to alternating current.</b>] 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.</p> + + +<p>[<b>Relating to higher voltage mines hereafter equipped.</b>] 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.</p> + + +<p>[<b>Relating to higher voltage, mines heretofore equipped.</b>] 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. +(<a href="#sec911">Sec. 911</a>, <a href="#sec947">947</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec949" id="sec949" />Sec. 949. [<b>Relating to construction of new mines.</b>] 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, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec950" id="sec950" />Sec. 950. [<b>Additional openings; when and how provided for.</b>] 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. (<a href="#sec932">Sec. 932</a>; Penalty <a href="#sec976">Sec. 976</a>.)</p> + + + +<h3><a name="superintendent_mine_foreman_and_over_seer" id="superintendent_mine_foreman_and_over_seer"><b>RELATING TO SUPERINTENDENT, MINE-FOREMAN AND OVER-SEER.</b></a></h3> + + +<p><a name="sec951" id="sec951" />Sec. 951. [<b>Duties of superintendent.</b>] 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. (<a href="#sec940">Sec. 940</a>, <a href="#sec953">953</a>, <a href="#sec962">962</a>, <a href="#sec965">965</a>; Penalty, <a href="#sec976">Sec. +976</a>.)</p> + + +<p><a name="sec952" id="sec952" />Sec. 952. [<b>Duties of mine foreman.</b>] 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. (<a href="#sec953">Sec. 953</a>, <a href="#sec965">965</a>.)</p> + + +<p>[<b>When ventilation stops.</b>] 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. (<a href="#sec922">Sec. 922</a>, <a href="#sec923">923</a>, <a href="#sec924">924</a>.)</p> + + +<p>[<b>Dangerous places fenced.</b>] 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. (<a href="#sec925">Sec. 925</a>.)</p> + + +<p>[<b>Examination of working places.</b>] 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. (<a href="#sec956">Sec. 956</a>.)</p> + + +<p><a name="sec953" id="sec953" />Sec. 953. [<b>When working place is unsafe.</b>] 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. (<a href="#sec956">Sec. 956</a>.)</p> + + +<p>[<b>Supplying of props and timber.</b>] 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. (<a href="#sec933">Sec. 933</a>, <a href="#sec956">956</a>.)</p> + + +<p>[<b>Miner without props or timber.</b>] 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. (<a href="#sec933">Sec. 933</a>, <a href="#sec956">956</a>.)</p> + + +<p>[<b>Measure and report of ventilation.</b>] 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. (<a href="#sec922">Sec. 922</a>, <a href="#sec923">923</a>, <a href="#sec924">924</a>, <a href="#sec952">952</a>.)</p> + + +<p>[<b>Record of boys employed.</b>] 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. (<a href="#sec912">Sec. 912</a>, +<a href="#sec944">944</a>.) (See Child Labor Law, <a href="#sec13002">Sec. 13002</a>.)</p> + +<div class="blockquot"><p>"The provisions of <a href="#sec912">Section 912</a>, <a href="#sec944">944</a> and <a href="#sec953">953</a> 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 <a href="#sec13002">Section 13002</a> G.C."</p> + +<p>Opinion No. 885 office of the Attorney General, State of +Ohio, December 21, 1917.</p></div> + + +<p>[<b>Assistant mine-foreman.</b>] The duties of mine-foreman shall apply +to assistant mine-foreman, when acting for the mine-foreman, or in +discharging the duties thereof. (<a href="#sec952">Sec. 952</a>, <a href="#sec965">965</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec954" id="sec954" />Sec. 954. [<b>Relating to over-seer.</b>] 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. (<a href="#sec965">Sec. 965</a>; Penalty, +<a href="#sec976">Sec. 976</a>.)</p> + + + +<h3><a name="stableman_and_fire_boss" id="stableman_and_fire_boss"><b>RELATING TO THE STABLEMAN AND FIRE-BOSS.</b></a></h3> + + +<p><a name="sec955" id="sec955" />Sec. 955. [<b>Duties of stableman.</b>] 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. (<a href="#sec945">Sec. 945</a>, <a href="#sec960">960</a>.)</p> + + +<p>[<b>Duties of fire-boss.</b>] 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.</p> + + +<p>[<b>Report on blackboard.</b>] 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.</p> + + +<p>[<b>Written report.</b>] 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. (<a href="#sec925">Sec. 925</a>, +<a href="#sec959">959</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + + +<h3><a name="employes_generally" id="employes_generally"><b>RELATING TO EMPLOYES GENERALLY.</b></a></h3> + + +<p><a name="sec956" id="sec956" />Sec. 956. [<b>Duties of miner. Examination of working place.</b>] 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. +(<a href="#sec952">Sec. 952</a>.)</p> + + +<p>[<b>Shall cease work when place is dangerous.</b>] 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. (<a href="#sec953">Sec. 953</a>.)</p> + + +<p>[<b>Shall prop roof, etc.</b>] 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. (<a href="#sec933">Sec. 933</a>, <a href="#sec953">953</a>.)</p> + + +<p>[<b>Shall not waste props, etc.</b>] 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. (<a href="#sec933">Sec. 933</a>, <a href="#sec953">953</a>.)</p> + + +<p>[<b>Blasting when fire-damp is generating.</b>] 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. (<a href="#sec962">Sec. 962</a>.)</p> + + +<p>[<b>Blasting when restricted to specific times.</b>] 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. (<a href="#sec962">Sec. 962</a>.)</p> + + +<p>[<b>Examination after blasting.</b>] After each blast, he shall exercise +great care in examining the roof and coal, and shall secure them +safely before beginning to load coal. (<a href="#sec962">Sec. 962</a>.)</p> + + +<p>[<b>Shall post after undermining.</b>] After the coal is undermined, he +shall, before shooting the coal, properly post the roof of his +working place.</p> + + +<p>[<b>Must not go under draw-slate.</b>] 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.</p> + + +<p>[<b>Shall load fine coal.</b>] 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. (<a href="#sec944">Sec. 944</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec957" id="sec957" />Sec. 957. [<b>Duties of machine men.</b>] 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. (<a href="#sec941">Sec. 941</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec958" id="sec958" />Sec. 958. [<b>Duties of motormen and trip-riders.</b>] 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.</p> + +<p>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.</p> + +<p>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.</p> + + +<p>[<b>Duties of trip-rider, rope haulage.</b>] 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.</p> + + +<p>[<b>Drivers.</b>] Drivers shall use care in handling cars, especially +going down extreme grades, and at junction points.</p> + + +<p>[<b>Those in charge of trips of cars shall see that doors are +closed.</b>] 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. (<a href="#sec923">Sec. 923</a>, <a href="#sec943">943</a>, <a href="#sec961">961</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec959" id="sec959" />Sec. 959. [<b>Persons must not enter mine until fire-boss reports.</b>] +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. +(<a href="#sec925">Sec. 925</a>, <a href="#sec955">955</a>.)</p> + + +<p>[<b>Persons ordered to withdraw must not re-enter without +permission.</b>] 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. (<a href="#sec952">Sec. 952</a>.)</p> + + +<p>[<b>Not more than ten persons on a cage.</b>] 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. (<a href="#sec929">Sec. 929</a>.)</p> + + +<p>[<b>Employes shall not loiter.</b>] 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.</p> + + +<p>[<b>Intoxicants.</b>] 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.</p> + + +<p>[<b>Must not go beyond danger signal.</b>] 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.</p> + + +<p><a name="sec960" id="sec960" />Sec. 960. [<b>Intent to defraud.</b>] 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.</p> + + +<p>[<b>Fire must not be taken into stable.</b>] No person shall take a +lighted pipe, or other thing containing fire, except lanterns as +provided for, into any stable or barn. (<a href="#sec945">Sec. 945</a>-<a href="#sec955">955</a>.)</p> + + +<p>[<b>Must not obstruct airway.</b>] No person shall place refuse in, or +obstruct any airway or breakthrough used as an airway.</p> + + +<p>[<b>Injuries to mine by workmen and others.</b>] 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, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec961" id="sec961" />Sec. 961. [<b>Persons not permitted to ride on haulage trips.</b>] 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. (<a href="#sec958">Sec. 958</a>.)</p> + + +<p>[<b>Size of lamps for open lights.</b>] 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. (<a href="#sec943">Sec. 943</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec962" id="sec962" />Sec. 962. [<b>Handling and storing of explosives.</b>] 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.</p> + + +<p>[<b>Explosives kept in boxes.</b>] 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.</p> + + +<p>[<b>Fire must be kept from explosives.</b>] 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.</p> + + +<p>[<b>Conveying of explosives.</b>] 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.</p> + + +<p>[<b>Explosives and tools on cages or stairways.</b>] 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. (<a href="#sec956">Sec. 956</a>, +<a href="#sec963">963</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec963" id="sec963" />Sec. 963. [<b>Squibs and fuses; missed shots.</b>] 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.</p> + +<p>When a squib is used and a shot misses fire, no person shall return +until five minutes shall have elapsed.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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. (<a href="#sec956">Sec. 956</a>, +<a href="#sec962">962</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + + +<h3><a name="persons_not_employes" id="persons_not_employes"><b>RELATING TO PERSONS NOT EMPLOYES.</b></a></h3> + + +<p><a name="sec964" id="sec964" />Sec. 964. [<b>Persons not employes of a mine.</b>] 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, <a href="#sec976">Sec. 976</a>.)</p> + + + +<h3><a name="general_provisions" id="general_provisions"><b>GENERAL PROVISIONS.</b></a></h3> + + +<p><a name="sec965" id="sec965" />Sec. 965. [<b>Qualifications of miner.</b>] 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.</p> + + +<p>[<b>Inexperienced miner.</b>] 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. (<a href="#sec954">Sec. 954</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec966" id="sec966" />Sec. 966. [<b>Oath and bond of weigh-master.</b>] 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, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec967" id="sec967" />Sec. 967. [<b>Examination of machinery, ventilating current, etc., by +miner or owner.</b>] 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. (<a href="#sec906">Sec. 906</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec968" id="sec968" />Sec. 968. [<b>Appropriation of land for mines, how made.</b>] 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.</p> + + +<p><a name="sec969" id="sec969" />Sec. 969. [<b>Examination and survey of mine by owner of land +adjoining.</b>] 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.</p> + + +<p>[<b>Transportation of surveying party.</b>] 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.</p> + + +<p>[<b>Liability for damages caused by examination.</b>] 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.</p> + + +<p>[<b>Forfeiture.</b>] 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.</p> + + +<p>[<b>To whom provisions concerning examination and survey available.</b>] +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.</p> + + +<p>[<b>Action for refusal to permit examination.</b>] 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.</p> + + +<p><a name="sec970" id="sec970" />Sec. 970. [<b>Checkweighman for miners.</b>] 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.</p> + + +<p>[<b>Checkweighman for landowners.</b>] 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.</p> + + +<p>[<b>Check-measurer.</b>] 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, <a href="#sec976">Sec. 976</a>.)</p> + + +<p><a name="sec971" id="sec971" />Sec. 971. [<b>Crossing public highway.</b>] 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, <a href="#sec976">Sec. 976</a>.)</p> + + +<h4><b>Right of action in case of accident.</b></h4> + + +<p><a name="sec972" id="sec972" />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.</p> + +<p>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.)</p> + + + +<h3><a name="oil_and_gas_well_through_coal_measures" id="oil_and_gas_well_through_coal_measures"><b>RELATING TO OIL AND GAS WELLS THROUGH COAL MEASURES.</b></a></h3> + + +<h4><b>Owner of well shall make and file map.</b></h4> + + +<p><a name="sec973" id="sec973" />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.</p> + +<p>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.</p> + + +<h4><b>Well shall not be near mine opening.</b></h4> + +<p>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.</p> + + +<h4><b>Persons drilling oil and gas wells in coal bearing or coal +producing townships.</b></h4> + +<p>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:</p> + + +<h4><b>When well is adjacent to mine.</b></h4> + +<p>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.</p> + + +<h4><b>When well is not adjacent to mine.</b></h4> + +<p>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.</p> + + +<h4><b>When well is to be abandoned owner shall give notice.</b></h4> + +<p>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.</p> + + +<h4><b>Method of plugging well.</b></h4> + +<p>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.</p> + +<p>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.</p> + + +<h4><b>When well penetrates the excavations of any mine.</b></h4> + +<p>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.</p> + +<p>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.</p> + +<h4><b>Interpretation—"coal bearing and coal producing township."</b></h4> + +<p>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.</p> + + + +<h3><a name="illuminating_oil_for_mines" id="illuminating_oil_for_mines"><b>RELATING TO ILLUMINATING OIL FOR MINES.</b></a></h3> + + +<h4><b>Composition of illuminating oil for use in mines.</b></h4> + + +<p><a name="sec974" id="sec974" />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.</p> + + +<h4><b>Acetylene gas in mines.</b></h4> + + +<p><a name="sec974_1" id="sec974_1" />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.</p> + + +<h4><b>Other illuminants.</b></h4> + + +<p><a name="sec974_2" id="sec974_2" />Sec. 974-2. No person shall use in any mine any other illuminant +than those provided for in <a href="#sec974">sections 974</a> and <a href="#sec974_1">974-1</a> of the General +Code, unless with the consent of the chief inspector of mines.</p> + + +<h4><b>Penalty.</b></h4> + + +<p><a name="sec974_3" id="sec974_3" />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 <a href="#sec974">sections 974</a>, <a href="#sec974_1">974-1</a> and <a href="#sec974_2">974-2</a>, 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.)</p> + + +<p><a name="sec975" id="sec975" />Sec. 975. [<b>No oil for illuminating purposes in mines shall be sold +except oil prescribed in this act.</b>] 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.</p> + + +<p>[<b>Adulteration of illuminating oil forbidden.</b>] 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.</p> + + +<p>[<b>Persons forbidden to use oil other than prescribed in this act.</b>] +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.</p> + + +<p>[<b>Provisions of this act shall apply only to oil used for open +lights.</b>] 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. +(<a href="#sec944">Sec. 944</a>, <a href="#sec974">974</a>; Penalty, <a href="#sec976">Sec. 976</a>.)</p> + + + +<h3><a name="penalties" id="penalties"><b>RELATING TO PENALTIES.</b></a></h3> + +<h4><b>County Coroner.</b></h4> + + +<p><a name="sec976" id="sec976" />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.</p> + + +<h4><b>Owner, lessee or agent.</b></h4> + +<p>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 <a href="#sec922">section nine hundred and twenty-two</a>, <a href="#sec923">nine +hundred and twenty-three</a>, <a href="#sec924">nine hundred and twenty-four</a>, <a href="#sec925">nine hundred +and twenty-five</a>, <a href="#sec926">nine hundred and twenty-six</a>, <a href="#sec927">nine hundred and +twenty-seven</a>, <a href="#sec928">nine hundred and twenty-eight</a>, <a href="#sec929">nine hundred +twenty-nine</a>, <a href="#sec930">nine hundred and thirty</a>, <a href="#sec931">nine hundred and thirty-one</a>, +<a href="#sec932">nine hundred and thirty-two</a>, <a href="#sec933">nine hundred and thirty-three</a>, <a href="#sec934">nine +hundred and thirty-four</a>, <a href="#sec937">nine hundred and thirty-seven</a>, <a href="#sec938">nine hundred +and thirty-eight</a>, <a href="#sec939">nine hundred and thirty-nine</a>, <a href="#sec940">nine hundred and +forty</a>, <a href="#sec941">nine hundred and forty-one</a>, <a href="#sec942">nine hundred and forty-two</a>, <a href="#sec943">nine +hundred and forty-three</a>, <a href="#sec944">nine hundred and forty-four</a>, <a href="#sec945">nine hundred +and forty-five</a>, <a href="#sec946">nine hundred and forty-six</a>, <a href="#sec947">nine hundred and +forty-seven</a>, <a href="#sec948">nine hundred and forty-eight</a>, <a href="#sec949">nine hundred and +forty-nine</a>, <a href="#sec950">nine hundred and fifty</a>, or <a href="#sec971">nine hundred and seventy-one</a> +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.</p> + + +<h4><b>Superintendent, mine-foreman or over-seer.</b></h4> + +<p>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 <a href="#sec951">section nine hundred and +fifty-one</a>, <a href="#sec952">nine hundred and fifty-two</a>, <a href="#sec953">nine hundred and fifty-three</a>, +and <a href="#sec954">nine hundred and fifty-four</a> 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.</p> + + +<h4><b>Stableman; fire-boss; entering mine generating fire-damp before +reported safe, or going beyond danger signal.</b></h4> + +<p>Any person or persons who willfully refuses or neglects to comply +with the provisions of <a href="#sec955">section nine hundred and fifty-five</a> 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 <a href="#sec959">section nine hundred and +fifty-nine</a> 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.</p> + + +<h4><b>Employes of mines.</b></h4> + +<p>Any person, or persons, who violates the provisions of <a href="#sec956">sections nine +hundred and fifty-six</a>, <a href="#sec957">nine hundred and fifty-seven</a>, <a href="#sec958">nine hundred +and fifty-eight</a>, <a href="#sec960">nine hundred and sixty</a>, <a href="#sec961">nine hundred and sixty-one</a>, +or <a href="#sec962">nine hundred and sixty-two</a> of the General Code, or violates the +provisions of <a href="#sec959">section nine hundred and fifty-nine</a> 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.</p> + + +<h4><b>Persons not employes, qualification of miners, check-weighman, +check-measurer.</b></h4> + +<p>Any person who willfully violates the provisions of <a href="#sec964">sections nine +hundred and sixty-four</a>, <a href="#sec965">nine hundred and sixty-five</a>, <a href="#sec966">nine hundred +and sixty-six</a>, <a href="#sec967">nine hundred and sixty-seven</a>, or <a href="#sec970">nine hundred and +seventy</a> of the General Code, or violates the provisions of <a href="#sec959">section +nine hundred and fifty-nine</a> 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.</p> + + +<h4><b>Drilling and operating oil and gas wells.</b></h4> + +<p>Any person, firm or corporation who violates or willfully refuses or +neglects to comply with the provisions of <a href="#sec973">section 973</a>, 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 <a href="#sec973">section 973</a>, 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.</p> + + +<h4><b>Compounding oil for illuminating purposes in mines.</b></h4> + +<p>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 +<a href="#sec974">section 974</a>, 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 <a href="#sec974">sections nine hundred +and seventy-four</a> and <a href="#sec975">nine hundred and seventy-five</a> 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.</p> + + +<h4><b>Sale of oil for illuminating purposes in mines.</b></h4> + +<p>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 <a href="#sec974">section nine hundred and seventy-four</a> of +the General Code, unless with the consent and approval of the chief +inspector of mines contrary to the provisions of <a href="#sec974">section nine +hundred and seventy-four</a> and <a href="#sec975">nine hundred and seventy-five</a> 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.</p> + + +<h4><b>Using oil for illuminating purposes in mines.</b></h4> + +<p>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 <a href="#sec974">section nine hundred and +seventy-four</a> of the General Code, unless with the consent and +approval of the chief inspector of mines, contrary to the provisions +of <a href="#sec974">sections nine hundred and seventy-four</a> and <a href="#sec975">nine hundred and +seventy-five</a> 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.</p> + +<p>(934-1a.)</p> + + + +<h3><a name="solid_shooting" id="solid_shooting"><b>REGULATING AND PROHIBITING SOLID SHOOTING.</b></a></h3> + + +<h4><b>Failure to obtain permit; penalty.</b></h4> + + +<p><a name="sec976_1" id="sec976_1" />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.</p> + + +<h4><b>Permit must be obtained.</b></h4> + + +<p><a name="sec976_2" id="sec976_2" />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.</p> + + +<h4><b>Each section declared to be independent section.</b></h4> + + +<p><a name="sec976_3" id="sec976_3" />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.</p> + + + +<h3><a name="fines_collected_prosecutions_when_act_takes_effect_and_repeals" +id="fines_collected_prosecutions_when_act_takes_effect_and_repeals"><b>RELATING TO FINES COLLECTED, PROSECUTIONS, WHEN ACT SHALL TAKE +EFFECT, AND REPEALS.</b></a></h3> + + +<p><a name="sec977" id="sec977" />Sec. 977. [<b>Fines collected.</b>] 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.</p> + + +<p><a name="sec978" id="sec978" />Sec. 978. [<b>Prosecutions; how controlled.</b>] Any prosecutions begun +under the provisions of this act shall be controlled by <a href="#sec13423">sections +thirteen thousand four hundred and twenty-three</a> and <a href="#sec13432">thirteen +thousand four hundred and thirty-two</a> to <a href="#sec13439">thirteen thousand four +hundred and thirty-nine</a> inclusive of the General Code.</p> + + + +<h3><a name="weighing_of_coal" id="weighing_of_coal"><b>REGULATION OF WEIGHING OF COAL.</b></a></h3> + + +<h4><b>Miner to be paid for all coal contained within car.</b></h4> + + +<p><a name="sec978_1" id="sec978_1" />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.</p> + + +<h4><b>Department of Industrial Relations to determine percentage of +impurity.</b></h4> + + +<p><a name="sec978_2" id="sec978_2" />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.</p> + + +<h4><b>Percentage of fine coal.</b></h4> + + +<p><a name="sec978_3" id="sec978_3" />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.</p> + + +<p><a name="sec978_4" id="sec978_4" />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.</p> + + +<h4><b>Department of Industrial Relations may change percentage.</b></h4> + + +<p><a name="sec978_5" id="sec978_5" />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.</p> + + +<h4><b>Unlawful to use screen.</b></h4> + + +<p><a name="sec978_6" id="sec978_6" />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.</p> + + +<h4><b>Loading impurity; penalty.</b></h4> + + +<p><a name="sec978_7" id="sec978_7" />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.</p> + + + +<h3><a name="jurisdiction" id="jurisdiction"><b>JURISDICTION.</b></a></h3> + + +<p>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.</p> + + +<h4><b>JURISDICTION.</b></h4> + + +<p><a name="sec13423" id="sec13423" />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:</p> + +<p>1. Adulteration or deception in the sale of dairy products and other +food, drink, drugs and medicines.</p> + +<p>2. The prevention of cruelty to animals and children.</p> + +<p>3. The abandonment, non-support or ill treatment of a child by its +parent.</p> + +<p>4. The abandonment or ill treatment of a child under sixteen years +of age by its guardian.</p> + +<p>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.</p> + +<p>6. The regulation, restriction or prohibition of the employment of +minors.</p> + +<p>7. The torturing, unlawfully punishing, ill treating, or depriving +anyone of necessary food, clothing or shelter.</p> + +<hr class="short" /> + +<p>15. The prevention of short weighing and measuring and all +violations of the weights and measures laws.</p> + +<p>(1080 O.L., 41.)</p> + + + +<h3><a name="justices_police_judges_and_mayors" id="justices_police_judges_and_mayors"><b>JUSTICES, POLICE JUDGES AND MAYORS.</b></a></h3> + + +<p><a name="sec13432" id="sec13432" />Sec. 13432. [<b>When imprisonment is a part of the punishment a jury +shall be impaneled.</b>] 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.)</p> + + +<p><a name="sec13433" id="sec13433" />Sec. 13433. [<b>Clerk's duties.</b>] 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.)</p> + + +<p><a name="sec13434" id="sec13434" />Sec. 13434. [<b>Jurors.</b>] 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.)</p> + + +<p><a name="sec13435" id="sec13435" />Sec. 13435. [<b>Second or subsequent offense.</b>] 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.)</p> + + +<p><a name="sec13436" id="sec13436" />Sec. 13436. Repealed. (108 O.L., 1203.)</p> + + +<p><a name="sec13437" id="sec13437" />Sec. 13437. [<b>New trial.</b>] 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.)</p> + + +<p><a name="sec13438" id="sec13438" />Sec. 13438. [<b>Fees of jurors and witnesses.</b>] 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.)</p> + + +<p><a name="sec13439" id="sec13439" />Sec. 13439. [<b>Costs.</b>] 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.)</p> + + + +<h3><a name="employment_of_minors" id="employment_of_minors"><b>RELATIVE TO EMPLOYMENT OF MINORS.</b></a></h3> + + +<h4><b>Sixteen years: age limit for following occupations.</b></h4> + + +<p><a name="sec13001" id="sec13001" />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.</p> + + +<h4><b>Sixteen years: age limit for following industries.</b></h4> + + +<p><a name="sec13002" id="sec13002" />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 <i>any mine, coal breaker, coke oven, or quarry</i>; (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.</p> + + +<h4><b>Employer to furnish satisfactory evidence of age.</b></h4> + + +<p><a name="sec13007_1" id="sec13007_1" />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.</p> + + +<h4><b>Failure to produce satisfactory evidence of age.</b></h4> + + +<p><a name="sec13007_2" id="sec13007_2" />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 <a href="#sec13007_1">section 13007-1</a> 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.</p> + + +<h4><b>Age and schooling certificate; by whom approved.</b></h4> + + +<p><a name="sec7766" id="sec7766" />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.</p> + +<p>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.</p> + +<p>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.</p> + + +<p><a name="sec7766_1" id="sec7766_1" />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:</p> + +<p>(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.</p> + +<p>(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.</p> + +<p>(3) Evidence of the age of the child as follows:</p> + +<p>(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.</p> + +<p>(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.</p> + +<p>(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.</p> + +<p>(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.</p> + +<p>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 <a href="#sec7766">section 7766</a>, General Code, shall be accepted as +sufficient evidence of age.</p> + +<p>(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.</p> + +<p>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 <a href="#sec7766_3">section 7766-3</a>, 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.</p> + + +<p><a name="sec7766_2" id="sec7766_2" />Sec. 7766-2. When an age and schooling certificate, returned +according to <a href="#sec7766_1">section 7766-1</a>, 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.</p> + + +<p><a name="sec7766_3" id="sec7766_3" />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 <a href="#sec7766_1">section 7766-1</a> or <a href="#sec7766_2">7766-2</a>, 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.</p> + + +<p><a name="sec7766_4" id="sec7766_4" />Sec. 7766-4. In order to ascertain whether applicants for age and +schooling certificates have satisfactorily completed the school work +prescribed in <a href="#sec7766">section 7766</a>, 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 <a href="#sec7766">section 7766</a>, 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.</p> + + +<p><a name="sec7766_5" id="sec7766_5" />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 <a href="#sec7766_1">sections +7766-1</a>, (1), <a href="#sec7766_6">7766-6</a> or <a href="#sec7766_9">7766-9</a>, 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.</p> + + +<p><a name="sec7766_6" id="sec7766_6" />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 <a href="#sec13001">sections 13001</a>, +<a href="#sec13002">13002</a> 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 <a href="#sec7766_1">section 7766-1</a> +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.</p> + +<p>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.</p> + + +<p><a name="sec7766_7" id="sec7766_7" />Sec. 7766-7. Whenever the school record of a child as specified in +<a href="#sec7766_1">section 7766-1</a>, 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.</p> + + +<p><a name="sec7766_8" id="sec7766_8" />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:</p> + +<p>(A) Facts to be proved:</p> + +<p>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—</p> + +<p>(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.</p> + +<p>(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.</p> + +<p>(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.</p> + +<p>(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.</p> + +<p>(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.</p> + +<p>(B) Conditions to be agreed to:—</p> + +<p>(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.</p> + +<p>(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 <a href="#sec7766_3">section 7766-3</a>, +General Code, shall apply except as to the color of the certificate.</p> + + +<p><a name="sec7766_9" id="sec7766_9" />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 <a href="#sec13001">section 13001</a>, <a href="#sec13002">13002</a> +or 13007-3, General Code. Provided, however, that said <a href="#sec13001">sections +13001</a>, <a href="#sec13002">13002</a> 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.</p> + +<p>No child under sixteen years of age shall be engaged in school and +employment above nine hours altogether in any one day.</p> + +<p>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.</p> + +<p>Such certificate shall be printed on light brown paper.</p> + +<p>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.</p> + +<p>(H.B. No. 111—109 O.L., 376.)</p> + + + +<h3><a name="department_of_industrial_relations" id="department_of_industrial_relations"><b>CREATING THE DEPARTMENT OF INDUSTRIAL RELATIONS.</b></a></h3> + + +<p><a name="sec154_1" id="sec154_1" />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.</p> + +<p>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.</p> + + +<p><a name="sec154_2" id="sec154_2" />Sec. 154-2. As used in this chapter:</p> + +<p>"Department" means the several departments of state administration +enumerated in <a href="#sec154_3">section 154-3</a> of the General Code.</p> + +<p>"Division" means a part of a department established as provided in +<a href="#sec154_8">section 154-8</a> of the General Code, for the convenient performance of +one or more of the functions committed to a department by this +chapter.</p> + +<p>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.</p> + + +<p><a name="sec154_3" id="sec154_3" />Sec. 154-3. The following administrative departments are created:</p> + +<p>The department of industrial relations, which shall be administered +by the director of industrial relations, hereby created;</p> + +<hr class="short" /> + +<p>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.</p> + + +<p><a name="sec154_4" id="sec154_4" />Sec. 154-4. Each director whose office is created by <a href="#sec154_3">section 154-3</a> +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.</p> + + +<p><a name="sec154_5" id="sec154_5" />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 <a href="#sec154_6">section 154-6</a> of the General +Code, or as the head of one of the divisions created within such +department as authorized by <a href="#sec154_8">section 154-8</a> 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.</p> + + +<p><a name="sec154_6" id="sec154_6" />Sec. 154-6. Offices are created within the several departments as +follows:</p> + +<hr class="short" /> + +<p> +<span class="in1em">In the Department of Industrial Relations</span><br /> +<span class="in2em">Chiefs of divisions as follows:</span><br /> +<span class="in3em">Factory inspection</span><br /> +<span class="in3em">Labor statistics</span><br /> +<span class="in3em">Mines</span><br /> +</p> + +<hr class="short" /> + + +<p><a name="sec154_7" id="sec154_7" />Sec. 154-7. The officers mentioned in <a href="#sec154_5">sections 154-5</a> and <a href="#sec154_6">154-6</a> 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.</p> + + +<p><a name="sec154_8" id="sec154_8" />Sec. 154-8. The officers mentioned in <a href="#sec154_5">sections 154-5</a> and <a href="#sec154_6">154-6</a> 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.</p> + +<p>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 +<a href="#sec154_6">section 154-6</a> of the General Code shall be the head of such a +division.</p> + +<p>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 <a href="#sec154_6">section 154-6</a> of the General Code, or +to reduce the number of or create new divisions therein.</p> + +<p>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.</p> + +<hr class="short" /> + + +<p><a name="sec154_14" id="sec154_14" />Sec. 154-14. Each officer whose office is created by <a href="#sec154_3">sections 154-3</a>, +<a href="#sec154_5">154-5</a> and <a href="#sec154_6">154-6</a> 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.</p> + +<p>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.</p> + + +<p><a name="sec154_15" id="sec154_15" />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.</p> + + +<p><a name="sec154_16" id="sec154_16" />Sec. 154-16. Each officer whose office is created by <a href="#sec154_3">sections 154-3</a>, +<a href="#sec154_5">154-5</a> and <a href="#sec154_6">154-6</a> 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.</p> + + +<p><a name="sec154_17" id="sec154_17" />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.</p> + + +<p><a name="sec154_18" id="sec154_18" />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.</p> + +<p>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.</p> + + +<p><a name="sec154_19" id="sec154_19" />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.</p> + +<p>All offices created by <a href="#sec154_5">sections 154-5</a> and <a href="#sec154_6">154-6</a> of the General Code +shall be in the unclassified civil service of the state.</p> + + +<p><a name="sec154_20" id="sec154_20" />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.</p> + +<p>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.</p> + + +<p><a name="sec154_21" id="sec154_21" />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.</p> + + +<p><a name="sec154_22" id="sec154_22" />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.</p> + + +<p><a name="sec154_23" id="sec154_23" />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.</p> + + +<p><a name="sec154_24" id="sec154_24" />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.</p> + +<hr class="short" /> + + +<h4><b>Department of Industrial Relations.</b></h4> + + +<p><a name="sec154_45" id="sec154_45" />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:</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<hr class="short" /> + + +<p><a name="sec2250" id="sec2250" />Sec. 2250. The annual salaries of the appointive state officers and +employes herein enumerated shall be as follows:</p> + +<hr class="short" /> + +<p> +<span class="in1em">Department of Industrial Relations:</span><br /> +<span class="in2em">Director of industrial relations, six thousand five hundred dollars.</span><br /> +<span class="in2em">Chief of division of factory inspection, three thousand six hundred dollars.</span><br /> +<span class="in2em">Chief of division of labor statistics, three thousand dollars.</span><br /> +<span class="in2em">Chief of division of mines, three thousand six hundred ollars.</span><br /> +</p> + +<hr class="short" /> + + +<p>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, <a href="#sec905">905</a>, 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.</p> + + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + + +<p>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:</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>Therefore, this act shall go into immediate effect.</p> + +<p>Passed April 19, 1921.</p> + +<p>Approved April 26, 1921.</p> + +<p class="right"> +RUPERT BEETHAM,<br /> +<i>Speaker of the House of Representatives</i>.<br /> +<br /> +CLARENCE J. BROWN,<br /> +<i>President of the Senate</i>.<br /> +</p> + +<p class="center"> +HARRY L. DAVIS, <i>Governor</i>.<br /> +</p> + +<p>Filed in office of Secretary of State, April 26, 1921.</p> + +<p>(109 O.L., 105.)</p> + + + +<hr class="midlen" /> +<p><a name="index" id="index" /></p> + + +<table><caption><br /><big><big>INDEX.</big></big></caption> +<tr><th colspan="3"> </th><th class="left">SECTIONS.</th></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>A.</b></td></tr> +<tr><td colspan="2">Abandoned mines—precautions when approaching</td><td> </td><td><a href="#sec938">938</a></td></tr> +<tr><td colspan="2">Accidents—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>fatal—duty of inspectors</td><td> </td><td><a href="#sec907">907</a></td></tr> +<tr><td> </td><td>fatal—notice to chief inspector and coroner</td><td> </td><td><a href="#sec940">940</a></td></tr> +<tr><td> </td><td>fatal—coroner's duty</td><td> </td><td><a href="#sec921">921</a></td></tr> +<tr><td> </td><td>superintendent's duty</td><td> </td><td><a href="#sec951">951</a></td></tr> +<tr><td> </td><td>provisions for persons injured</td><td> </td><td><a href="#sec934">934</a></td></tr> +<tr><td> </td><td>action in case of</td><td> </td><td><a href="#sec972">972</a></td></tr> +<tr><td colspan="2">Access to mines by inspectors</td><td> </td><td><a href="#sec912">912</a></td></tr> +<tr><td colspan="2">Acetylene gas in mines</td><td> </td><td><a href="#sec974_1">974-1</a></td></tr> +<tr><td colspan="2">Penalty of</td><td> </td><td><a href="#sec974_3">974-3</a></td></tr> +<tr><td colspan="2">Action for non-compliance with Statutes</td><td> </td><td><a href="#sec916">916</a></td></tr> +<tr><td colspan="2">Act shall not create new office, etc.</td><td> </td><td><a href="#sec920">920</a></td></tr> +<tr><td colspan="2">Additional openings</td><td> </td><td><a href="#sec950">950</a></td></tr> +<tr><td colspan="2">Airway obstruction</td><td> </td><td><a href="#sec960">960</a></td></tr> +<tr><td colspan="2">Alternating current</td><td> </td><td><a href="#sec948">948</a></td></tr> +<tr><td colspan="2">Annual report of owner, lessee or agent to chief inspector</td><td> </td><td><a href="#sec940">940</a></td></tr> +<tr><td colspan="2">Appliances—Safe</td><td> </td><td><a href="#sec927">927</a>-<a href="#sec928">928</a></td></tr> +<tr><td colspan="2">Appointments—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>chief inspector and qualifications</td><td> </td><td><a href="#sec899">899</a></td></tr> +<tr><td> </td><td>district inspectors and qualifications</td><td> </td><td><a href="#sec900">900</a>-<a href="#sec901">901</a></td></tr> +<tr><td colspan="2">Appropriation of land</td><td> </td><td><a href="#sec968">968</a></td></tr> +<tr><td colspan="2">Assistant mine-foreman—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>duties of</td><td> </td><td><a href="#sec952">952</a>, <a href="#sec953">953</a>, <a href="#sec959">959</a></td></tr> +<tr><td> </td><td>penalty for non-compliance</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td colspan="2">Attendant—Rescue car</td><td> </td><td><a href="#sec915">915</a></td></tr> +<tr><td colspan="2">Automatic doors</td><td> </td><td><a href="#sec923">923</a>, <a href="#sec943">943</a>, <a href="#sec958">958</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>B.</b></td></tr> +<tr><td colspan="2">Blasting</td><td> </td><td><a href="#sec956">956</a></td></tr> +<tr><td colspan="2">Blasting powder</td><td> </td><td><a href="#sec962">962</a>-<a href="#sec963">963</a></td></tr> +<tr><td colspan="2">Boilers—location of</td><td> </td><td><a href="#sec944">944</a></td></tr> +<tr><td colspan="2">Bonds—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>weighmaster</td><td> </td><td><a href="#sec966">966</a></td></tr> +<tr><td colspan="2">Board of examiners</td><td> </td><td><a href="#sec919">919</a></td></tr> +<tr><td colspan="2">Breakthroughs</td><td> </td><td><a href="#sec926">926</a></td></tr> +<tr><td colspan="2">Brattices</td><td> </td><td><a href="#sec926">926</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>C.</b></td></tr> +<tr><td colspan="2">Cages—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>Safe appliances</td><td> </td><td><a href="#sec927">927</a></td></tr> +<tr><td> </td><td>protection of, etc.</td><td> </td><td><a href="#sec928">928</a></td></tr> +<tr><td> </td><td>lowering and hoisting, No. persons, etc.</td><td> </td><td><a href="#sec929">929</a>, <a href="#sec959">959</a></td></tr> +<tr><td colspan="2">Caution board</td><td> </td><td><a href="#sec959">959</a></td></tr> +<tr><td colspan="2">Checkweighmen—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>duties of</td><td> </td><td><a href="#sec970">970</a></td></tr> +<tr><td> </td><td>penalty for non-compliance</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td colspan="2">Check-measurer—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>duties of</td><td> </td><td><a href="#sec970">970</a></td></tr> +<tr><td> </td><td>penalty for non-compliance</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td colspan="2">Child labor</td><td> </td><td><a href="#sec13001">13001</a>, <a href="#sec13002">13002</a>, <a href="#sec13007_1">13007-1</a>-<a href="#sec13007_2">2</a>, <a href="#sec7766">7766</a></td></tr> +<tr><td colspan="2">Circuit breakers</td><td> </td><td><a href="#sec947">947</a></td></tr> +<tr><td colspan="2">Closing of doors</td><td> </td><td><a href="#sec923">923</a>, <a href="#sec943">943</a>, <a href="#sec958">958</a></td></tr> +<tr><td colspan="2">Committee of miners—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>Report of</td><td> </td><td><a href="#sec906">906</a>-<a href="#sec967">967</a></td></tr> +<tr><td colspan="2">Code of signals</td><td> </td><td><a href="#sec942">942</a></td></tr> +<tr><td colspan="2">Conveying of explosives</td><td> </td><td><a href="#sec962">962</a></td></tr> +<tr><td colspan="2">Construction of new mines</td><td> </td><td><a href="#sec949">949</a></td></tr> +<tr><td colspan="2">Copper tools</td><td> </td><td><a href="#sec963">963</a></td></tr> +<tr><td colspan="2">Coroner—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>duties of</td><td> </td><td><a href="#sec921">921</a></td></tr> +<tr><td> </td><td>penalty for non-compliance</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td colspan="2">Coal dust—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>duty of owner, lessee or agent</td><td> </td><td><a href="#sec944">944</a></td></tr> +<tr><td> </td><td>duty of miner</td><td> </td><td><a href="#sec956">956</a></td></tr> +<tr><td colspan="2">Combustible matter—removal of</td><td> </td><td><a href="#sec944">944</a>, <a href="#sec956">956</a></td></tr> +<tr><td colspan="2">Complaint against chief and district inspectors</td><td> </td><td><a href="#sec918">918</a>-<a href="#sec919">919</a></td></tr> +<tr><td colspan="2">Crossing public highway</td><td> </td><td><a href="#sec971">971</a></td></tr> +<tr><td colspan="2">Controversy or disagreement between district inspector and owner, lessee or agent</td><td> </td><td><a href="#sec910">910</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>D.</b></td></tr> +<tr><td colspan="2">Damages caused by examination</td><td> </td><td><a href="#sec969">969</a></td></tr> +<tr><td colspan="2">Dangerous places fenced—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>duty of owner, lessee or agent</td><td> </td><td><a href="#sec925">925</a></td></tr> +<tr><td> </td><td>duty of superintendent and mine-foreman</td><td> </td><td><a href="#sec952">952</a></td></tr> +<tr><td> </td><td>duty of miner</td><td> </td><td><a href="#sec956">956</a></td></tr> +<tr><td colspan="2">Danger signal</td><td> </td><td><a href="#sec925">925</a>, <a href="#sec959">959</a></td></tr> +<tr><td colspan="2">Defraud—intent to</td><td> </td><td><a href="#sec960">960</a></td></tr> +<tr><td colspan="2">Department of Industrial Relations</td><td> </td><td><a href="#sec154_1">154-1</a></td></tr> +<tr><td colspan="2">Detaching locomotive—traveling ways</td><td> </td><td><a href="#sec932">932</a></td></tr> +<tr><td colspan="2">Disagreement between district inspector and owner, lessee or agent</td><td> </td><td><a href="#sec910">910</a></td></tr> +<tr><td colspan="2">District inspectors—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>duties of</td><td> </td><td><a href="#sec909">909</a></td></tr> +<tr><td colspan="2">District inspectors as sealers of weights and measures</td><td> </td><td><a href="#sec910">910</a></td></tr> +<tr><td colspan="2">Discretionary power of mining department</td><td> </td><td><a href="#sec911">911</a></td></tr> +<tr><td colspan="2">Doors</td><td> </td><td><a href="#sec923">923</a>, <a href="#sec943">943</a>, <a href="#sec958">958</a></td></tr> +<tr><td colspan="2">Drivers</td><td> </td><td><a href="#sec958">958</a></td></tr> +<tr><td colspan="2">Dust and fine coal—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>duties of owner, lessee or agent</td><td> </td><td><a href="#sec944">944</a></td></tr> +<tr><td> </td><td>duty of miner</td><td> </td><td><a href="#sec956">956</a></td></tr> +<tr><td colspan="2">Duties of assistant mine-foreman</td><td> </td><td><a href="#sec952">952</a>, <a href="#sec953">953</a>, <a href="#sec959">959</a></td></tr> +<tr><td colspan="2">Duties of chief and district inspectors</td><td> </td><td><a href="#sec906">906</a>, <a href="#sec915">915</a></td></tr> +<tr><td colspan="2">Duties of chief and oil and gas well inspector relating to oil and gas wells</td><td> </td><td><a href="#sec914">914</a></td></tr> +<tr><td colspan="2">Duties of coroner</td><td> </td><td><a href="#sec921">921</a></td></tr> +<tr><td colspan="2">Duties of check-weighman</td><td> </td><td><a href="#sec970">970</a></td></tr> +<tr><td colspan="2">Duties of check-measurer</td><td> </td><td><a href="#sec970">970</a></td></tr> +<tr><td colspan="2">Duties of employes</td><td> </td><td><a href="#sec956">956</a></td></tr> +<tr><td colspan="2">Duties of fire-boss</td><td> </td><td><a href="#sec925">925</a>, <a href="#sec955">955</a>, <a href="#sec959">959</a></td></tr> +<tr><td colspan="2">Duties of machine-men</td><td> </td><td><a href="#sec957">957</a></td></tr> +<tr><td colspan="2">Duties of miners</td><td> </td><td><a href="#sec956">956</a></td></tr> +<tr><td colspan="2">Duties of mine-foreman</td><td> </td><td><a href="#sec952">952</a>, <a href="#sec953">953</a>, <a href="#sec959">959</a></td></tr> +<tr><td colspan="2">Duties of over-seer</td><td> </td><td><a href="#sec954">954</a>, <a href="#sec965">965</a></td></tr> +<tr><td colspan="2">Duties of recorder</td><td> </td><td><a href="#sec921">921</a>-<a href="#sec937">937</a></td></tr> +<tr><td colspan="2">Duties of superintendent</td><td> </td><td><a href="#sec951">951</a></td></tr> +<tr><td colspan="2">Duties of stableman</td><td> </td><td><a href="#sec955">955</a></td></tr> +<tr><td colspan="2">Duties of trip-riders and motormen</td><td> </td><td><a href="#sec943">943</a>, <a href="#sec958">958</a>, <a href="#sec961">961</a></td></tr> +<tr><td colspan="2">Duties of weighmaster</td><td> </td><td><a href="#sec966">966</a></td></tr> +<tr><td> </td><td>(For penalties, see <a href="#sec976">Section 976</a>.)</td><td colspan="2"> </td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>E.</b></td></tr> +<tr><td colspan="2">Egress when inundation is probable</td><td> </td><td><a href="#sec932">932</a></td></tr> +<tr><td colspan="2">Electricity—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>application of discretionary power of chief and district inspectors</td><td> </td><td><a href="#sec911">911</a></td></tr> +<tr><td colspan="2">Emergency appliances</td><td> </td><td><a href="#sec927">927</a></td></tr> +<tr><td colspan="2">Engineers</td><td> </td><td><a href="#sec927">927</a></td></tr> +<tr><td colspan="2">Employes—duties of</td><td> </td><td><a href="#sec956">956</a>-<a href="#sec963">963</a></td></tr> +<tr><td colspan="2">Employment of minors</td><td> </td><td><a href="#sec944">944</a></td></tr> +<tr><td colspan="2">Examination of mine—damages caused by</td><td> </td><td><a href="#sec969">969</a></td></tr> +<tr><td colspan="2">Examination and survey of mine</td><td> </td><td><a href="#sec969">969</a></td></tr> +<tr><td colspan="2">Examination of working places—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>duty of owner, lessee or agent</td><td> </td><td><a href="#sec925">925</a></td></tr> +<tr><td> </td><td>duty of mine-foreman</td><td> </td><td><a href="#sec952">952</a></td></tr> +<tr><td> </td><td>duty of fire-boss</td><td> </td><td><a href="#sec955">955</a></td></tr> +<tr><td> </td><td>duty of miner</td><td> </td><td><a href="#sec956">956</a></td></tr> +<tr><td> </td><td>when unsafe</td><td> </td><td><a href="#sec953">953</a></td></tr> +<tr><td colspan="2">Examination of other than working places</td><td> </td><td><a href="#sec925">925</a></td></tr> +<tr><td colspan="2">Examination of machinery, ventilating current</td><td> </td><td><a href="#sec967">967</a></td></tr> +<tr><td colspan="2">Examination of mine by fire-boss</td><td> </td><td><a href="#sec925">925</a>, <a href="#sec955">955</a>, <a href="#sec959">959</a></td></tr> +<tr><td colspan="2">Examination of mine—right of employes</td><td> </td><td><a href="#sec906">906</a>, <a href="#sec967">967</a></td></tr> +<tr><td colspan="2">Examiners—board of</td><td> </td><td><a href="#sec918">918</a>-<a href="#sec919">919</a></td></tr> +<tr><td colspan="2">Explosives</td><td> </td><td><a href="#sec962">962</a>-<a href="#sec963">963</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>F.</b></td></tr> +<tr><td colspan="2">Fatal accidents—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>duty of inspectors</td><td> </td><td><a href="#sec907">907</a></td></tr> +<tr><td> </td><td>notice to chief inspector and coroner</td><td> </td><td><a href="#sec940">940</a></td></tr> +<tr><td> </td><td>coroner's duty</td><td> </td><td><a href="#sec921">921</a></td></tr> +<tr><td> </td><td>superintendent's duty</td><td> </td><td><a href="#sec951">951</a></td></tr> +<tr><td> </td><td>provisions for</td><td> </td><td><a href="#sec934">934</a></td></tr> +<tr><td> </td><td>action in case of</td><td> </td><td><a href="#sec972">972</a></td></tr> +<tr><td colspan="2">Fire-boss—duties of</td><td> </td><td><a href="#sec925">925</a>, <a href="#sec955">955</a>, <a href="#sec959">959</a></td></tr> +<tr><td colspan="2">Fire in stable—must not be taken into</td><td> </td><td><a href="#sec960">960</a></td></tr> +<tr><td colspan="2">Fire protection</td><td> </td><td><a href="#sec930">930</a></td></tr> +<tr><td colspan="2">Fine coal or coal dust—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>duty of owner, lessee or agent</td><td> </td><td><a href="#sec944">944</a></td></tr> +<tr><td> </td><td>duty of miner</td><td> </td><td><a href="#sec956">956</a></td></tr> +<tr><td colspan="2">Fines collected</td><td> </td><td><a href="#sec977">977</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>G.</b></td></tr> +<tr><td colspan="2">Gauges—pressure</td><td> </td><td><a href="#sec924">924</a></td></tr> +<tr><td colspan="2">Gasoline in mines</td><td> </td><td><a href="#sec946">946</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>H.</b></td></tr> +<tr><td colspan="2">Haulage—rope</td><td> </td><td><a href="#sec943">943</a>, <a href="#sec958">958</a></td></tr> +<tr><td colspan="2">Haulage trips—persons not permitted to ride</td><td> </td><td><a href="#sec961">961</a></td></tr> +<tr><td colspan="2">Hoisting and lowering of persons</td><td> </td><td><a href="#sec927">927</a>, <a href="#sec929">929</a>, <a href="#sec959">959</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>I.</b></td></tr> +<tr><td colspan="2">Illuminating oil</td><td> </td><td><a href="#sec974">974</a>-<a href="#sec975">975</a></td></tr> +<tr><td colspan="2">Illuminants</td><td> </td><td><a href="#sec974_2">974-2</a></td></tr> +<tr><td colspan="2">Industrial Relations Department</td><td> </td><td><a href="#sec154_1">154-1</a></td></tr> +<tr><td colspan="2">Injured persons—provisions for</td><td> </td><td><a href="#sec934">934</a></td></tr> +<tr><td colspan="2">Inundation</td><td> </td><td><a href="#sec932">932</a>, <a href="#sec938">938</a></td></tr> +<tr><td colspan="2">Inexperienced miners</td><td> </td><td><a href="#sec965">965</a></td></tr> +<tr><td colspan="2">Injuries to mine</td><td> </td><td><a href="#sec960">960</a></td></tr> +<tr><td colspan="2">Intoxicants—prohibition of</td><td> </td><td><a href="#sec959">959</a></td></tr> +<tr><td colspan="2">Intent to defraud</td><td> </td><td><a href="#sec960">960</a></td></tr> +<tr><td colspan="2">Injury to persons or property—right of action</td><td> </td><td><a href="#sec972">972</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>J.</b></td></tr> +<tr><td colspan="2">Justices of peace, etc.</td><td> </td><td><a href="#sec13432">13432</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>L.</b></td></tr> +<tr><td colspan="2">Lamps—size of</td><td> </td><td><a href="#sec961">961</a></td></tr> +<tr><td colspan="2">Land—appropriation of</td><td> </td><td><a href="#sec968">968</a></td></tr> +<tr><td colspan="2">Lien on property for labor</td><td> </td><td><a href="#sec972">972</a></td></tr> +<tr><td colspan="2">Light in mines</td><td> </td><td><a href="#sec943">943</a></td></tr> +<tr><td colspan="2">Light or signal on locomotive and train</td><td> </td><td><a href="#sec943">943</a></td></tr> +<tr><td colspan="2">Loitering</td><td> </td><td><a href="#sec959">959</a></td></tr> +<tr><td colspan="2">Lowering and hoisting of persons</td><td> </td><td><a href="#sec929">929</a>, <a href="#sec950">950</a></td></tr> +<tr><td colspan="2">Locomotives in mines</td><td> </td><td><a href="#sec943">943</a>, <a href="#sec958">958</a></td></tr> +<tr><td colspan="2">Locomotives in mines—detaching</td><td> </td><td><a href="#sec932">932</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>M.</b></td></tr> +<tr><td colspan="2">Maps—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>duty of chief inspector</td><td> </td><td><a href="#sec917">917</a></td></tr> +<tr><td> </td><td>duty of owner, lessee or agent</td><td> </td><td><a href="#sec935">935</a></td></tr> +<tr><td> </td><td>addition to previous</td><td> </td><td><a href="#sec936">936</a></td></tr> +<tr><td> </td><td>abandoned mine map</td><td> </td><td><a href="#sec937">937</a></td></tr> +<tr><td> </td><td>persons entitled to examine</td><td> </td><td><a href="#sec904">904</a></td></tr> +<tr><td colspan="2">Machine men—duties of</td><td> </td><td><a href="#sec957">957</a></td></tr> +<tr><td colspan="2">Machine shields—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>duty of owner, lessee or agent</td><td> </td><td><a href="#sec941">941</a></td></tr> +<tr><td> </td><td>duty of machine men</td><td> </td><td><a href="#sec957">957</a></td></tr> +<tr><td colspan="2">Machinery—examination of</td><td> </td><td><a href="#sec967">967</a></td></tr> +<tr><td colspan="2">Miners—duties of</td><td> </td><td><a href="#sec956">956</a></td></tr> +<tr><td colspan="2">Mine-foreman—duties of</td><td> </td><td><a href="#sec952">952</a>, <a href="#sec953">953</a>, <a href="#sec959">959</a></td></tr> +<tr><td colspan="2">Miner—qualifications of</td><td> </td><td><a href="#sec965">965</a></td></tr> +<tr><td colspan="2">Miner—inexperienced</td><td> </td><td><a href="#sec965">965</a></td></tr> +<tr><td colspan="2">Minors employed</td><td> </td><td><a href="#sec13001">13001</a>, <a href="#sec13002">13002</a>, <a href="#sec13007_1">13007-1</a>-<a href="#sec13007_2">2</a>, <a href="#sec7766">7766</a></td></tr> +<tr><td> </td><td>duty of inspectors</td><td> </td><td><a href="#sec912">912</a></td></tr> +<tr><td> </td><td>duty of owner, lessee or agent</td><td> </td><td><a href="#sec944">944</a></td></tr> +<tr><td> </td><td>duty of mine-foreman</td><td> </td><td><a href="#sec953">953</a></td></tr> +<tr><td colspan="2">Mines, new—construction of</td><td> </td><td><a href="#sec949">949</a></td></tr> +<tr><td colspan="2">Mine lamps</td><td> </td><td><a href="#sec961">961</a></td></tr> +<tr><td colspan="2">Mine committee report</td><td> </td><td><a href="#sec906">906</a>, <a href="#sec967">967</a></td></tr> +<tr><td colspan="2">Motormen and trip riders—duties of</td><td> </td><td><a href="#sec943">943</a>, <a href="#sec958">958</a>, <a href="#sec961">961</a></td></tr> +<tr><td colspan="2">Monthly report of mine-foreman to chief inspector</td><td> </td><td><a href="#sec953">953</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>N.</b></td></tr> +<tr><td colspan="2">New mines—construction of</td><td> </td><td><a href="#sec949">949</a></td></tr> +<tr><td colspan="2">New office—shall not create</td><td> </td><td><a href="#sec920">920</a></td></tr> +<tr><td colspan="2">Notice to chief inspector—when must be given</td><td> </td><td><a href="#sec939">939</a></td></tr> +<tr><td colspan="2">Notice to chief inspector and coroner of accidents</td><td> </td><td><a href="#sec940">940</a></td></tr> +<tr><td colspan="2">Non-compliance with Statutes—action for</td><td> </td><td><a href="#sec916">916</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>O.</b></td></tr> +<tr><td colspan="2">Office—shall not create new</td><td> </td><td><a href="#sec920">920</a></td></tr> +<tr><td colspan="2">Office—chief deputy</td><td> </td><td><a href="#sec904">904</a></td></tr> +<tr><td colspan="2">Oil—</td></tr> +<tr><td> </td><td>illuminating</td><td> </td><td><a href="#sec974">974</a>, <a href="#sec975">975</a></td></tr> +<tr><td> </td><td>quantity allowed in mine</td><td> </td><td><a href="#sec944">944</a></td></tr> +<tr><td colspan="2">Oil lamp—size of</td><td> </td><td><a href="#sec961">961</a></td></tr> +<tr><td colspan="2">Oil and gas wells</td><td> </td><td><a href="#sec973">973</a></td></tr> +<tr><td colspan="2">Oil and gas wells—duty of chief oil and gas well inspector</td><td> </td><td><a href="#sec914">914</a></td></tr> +<tr><td colspan="2">Openings—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>additional</td><td> </td><td><a href="#sec950">950</a></td></tr> +<tr><td> </td><td>second</td><td> </td><td><a href="#sec930">930</a></td></tr> +<tr><td colspan="2">Over-seer—duties of</td><td> </td><td><a href="#sec954">954</a>, <a href="#sec965">965</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>P.</b></td></tr> +<tr><td colspan="2">Penalties—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>Acetylene</td><td> </td><td><a href="#sec974_3">974-3</a></td></tr> +<tr><td> </td><td>County coroner</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td> </td><td>Check-weighman</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td> </td><td>Check-Measurer</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td> </td><td>Employes</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td> </td><td>Fire-boss</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td> </td><td>Foreman</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td> </td><td>Mine-foreman</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td> </td><td>Non-employes</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td> </td><td>Owner, lessee or agent</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td> </td><td>Over-seer</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td> </td><td>Oil and gas well companies</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td> </td><td>Oil manufacturers</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td> </td><td>Oil dealers</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td> </td><td>Oil (persons using illegal)</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td> </td><td>Superintendent</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td> </td><td>Stableman</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td> </td><td>Weighmaster</td><td> </td><td><a href="#sec976">976</a></td></tr> +<tr><td colspan="2">Persons injured—provision for</td><td> </td><td><a href="#sec934">934</a></td></tr> +<tr><td colspan="2">Persons on cage—number allowed</td><td> </td><td><a href="#sec929">929</a>, <a href="#sec959">959</a></td></tr> +<tr><td colspan="2">Persons not permitted to ride haulage trips</td><td> </td><td><a href="#sec961">961</a></td></tr> +<tr><td colspan="2">Persons not employes—relating to</td><td> </td><td><a href="#sec964">964</a></td></tr> +<tr><td colspan="2">Powder</td><td> </td><td><a href="#sec962">962</a>-<a href="#sec963">963</a></td></tr> +<tr><td colspan="2">Pressure gauges</td><td> </td><td><a href="#sec924">924</a></td></tr> +<tr><td colspan="2">Precautions approaching abandoned mines</td><td> </td><td><a href="#sec938">938</a></td></tr> +<tr><td colspan="2">Props—supplying of</td><td> </td><td><a href="#sec953">953</a></td></tr> +<tr><td colspan="2">Prosecutions</td><td> </td><td><a href="#sec978">978</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>Q.</b></td></tr> +<tr><td colspan="2">Quantity of hay allowed in mine</td><td> </td><td><a href="#sec945">945</a></td></tr> +<tr><td colspan="2">Quantity of oil allowed in mine</td><td> </td><td><a href="#sec944">944</a></td></tr> +<tr><td colspan="2">Quantity of gasoline allowed in mine</td><td> </td><td><a href="#sec946">946</a></td></tr> +<tr><td colspan="2">Quantity of powder allowed in mine</td><td> </td><td><a href="#sec962">962</a></td></tr> +<tr><td colspan="2">Qualifications of miner</td><td> </td><td><a href="#sec965">965</a></td></tr> +<tr><td colspan="2">Qualifications and appointment of chief inspector</td><td> </td><td><a href="#sec899">899</a></td></tr> +<tr><td colspan="2">Qualifications and appointment of district inspectors</td><td> </td><td><a href="#sec901">901</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>R.</b></td></tr> +<tr><td colspan="2">Recorder's duty</td><td> </td><td><a href="#sec921">921</a>, <a href="#sec937">937</a></td></tr> +<tr><td colspan="2">Records—who entitled to examine</td><td> </td><td><a href="#sec904">904</a></td></tr> +<tr><td colspan="2">Regulations of weighing coal</td><td> </td><td><a href="#sec978_1">978-1</a>-<a href="#sec978_7">7</a></td></tr> +<tr><td colspan="2">Repeals</td><td> </td><td><a href="#sec978">978</a></td></tr> +<tr><td colspan="2">Report of fire-boss</td><td> </td><td><a href="#sec925">925</a>, <a href="#sec955">955</a>, <a href="#sec959">959</a></td></tr> +<tr><td colspan="2">Report of owner, lessee or agent to chief inspector</td><td> </td><td><a href="#sec939">939</a>, <a href="#sec940">940</a></td></tr> +<tr><td colspan="2">Report of district inspector to chief inspector</td><td> </td><td><a href="#sec913">913</a></td></tr> +<tr><td colspan="2">Right of action</td><td> </td><td><a href="#sec972">972</a></td></tr> +<tr><td colspan="2">Reorganization of State Departments</td><td> </td><td><a href="#sec154_1">154-1</a></td></tr> +<tr><td colspan="2">Report of mine committee</td><td> </td><td><a href="#sec906">906</a>, <a href="#sec967">967</a></td></tr> +<tr><td colspan="2">Report of mine-foreman to chief inspector, monthly</td><td> </td><td><a href="#sec953">953</a></td></tr> +<tr><td colspan="2">Rescue apparatus</td><td> </td><td><a href="#sec915">915</a></td></tr> +<tr><td colspan="2">Rescue stations</td><td> </td><td><a href="#sec915_1">915-1</a></td></tr> +<tr><td colspan="2">Refuge holes</td><td> </td><td><a href="#sec931">931</a></td></tr> +<tr><td colspan="2">Rope haulage</td><td> </td><td><a href="#sec943">943</a>, <a href="#sec958">958</a></td></tr> +<tr><td colspan="2">Roof—miner shall prop, etc.</td><td> </td><td><a href="#sec956">956</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>S.</b></td></tr> +<tr><td colspan="2">Safe appliances for hoisting persons</td><td> </td><td><a href="#sec927">927</a></td></tr> +<tr><td colspan="2">Safety appliances</td><td> </td><td><a href="#sec928">928</a></td></tr> +<tr><td colspan="2">Speaking tube</td><td> </td><td><a href="#sec928">928</a></td></tr> +<tr><td colspan="2">Safety lamps—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>when owner shall provide</td><td> </td><td><a href="#sec941">941</a></td></tr> +<tr><td> </td><td>oil for use in</td><td> </td><td><a href="#sec975">975</a></td></tr> +<tr><td colspan="2">Scales</td><td> </td><td><a href="#sec910">910</a>, <a href="#sec941">941</a></td></tr> +<tr><td colspan="2">Second opening</td><td> </td><td><a href="#sec930">930</a></td></tr> +<tr><td colspan="2">Shafts—fire protection</td><td> </td><td><a href="#sec930">930</a></td></tr> +<tr><td colspan="2">Shields—machine—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>duty of owner, lessee or agent</td><td> </td><td><a href="#sec941">941</a></td></tr> +<tr><td> </td><td>duty of machine men</td><td> </td><td><a href="#sec957">957</a></td></tr> +<tr><td colspan="2">Signals—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>code of</td><td> </td><td><a href="#sec942">942</a></td></tr> +<tr><td> </td><td>locomotive</td><td> </td><td><a href="#sec943">943</a></td></tr> +<tr><td> </td><td>danger</td><td> </td><td><a href="#sec925">925</a>, <a href="#sec955">955</a>, <a href="#sec959">959</a></td></tr> +<tr><td> </td><td>persons designated to give and receive</td><td> </td><td><a href="#sec929">929</a></td></tr> +<tr><td colspan="2">Solid shooting</td><td> </td><td><a href="#sec976_1">976-1</a>-<a href="#sec976_3">3</a></td></tr> +<tr><td colspan="2">Speaking tube</td><td> </td><td><a href="#sec928">928</a></td></tr> +<tr><td colspan="2">Squibs</td><td> </td><td><a href="#sec963">963</a></td></tr> +<tr><td colspan="2">Stables—underground—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>construction of</td><td> </td><td><a href="#sec945">945</a></td></tr> +<tr><td> </td><td>fire must not be taken into</td><td> </td><td><a href="#sec960">960</a></td></tr> +<tr><td> </td><td>stablemen—duties of</td><td> </td><td><a href="#sec955">955</a></td></tr> +<tr><td colspan="2">Superintendent's duties</td><td> </td><td><a href="#sec951">951</a></td></tr> +<tr><td colspan="2">Surveying party—transportation of</td><td> </td><td><a href="#sec969">969</a></td></tr> +<tr><td colspan="2">Survey of mine and examination</td><td> </td><td><a href="#sec969">969</a></td></tr> +<tr><td colspan="2">Switches</td><td> </td><td><a href="#sec947">947</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>T.</b></td></tr> +<tr><td colspan="2">Tamping tools—kind permitted</td><td> </td><td><a href="#sec963">963</a></td></tr> +<tr><td colspan="2">Telephones</td><td> </td><td><a href="#sec934_2">934-2</a></td></tr> +<tr><td colspan="2">Test weights</td><td> </td><td><a href="#sec941">941</a></td></tr> +<tr><td colspan="2">Timber—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>duty of owner, lessee or agent</td><td> </td><td><a href="#sec933">933</a></td></tr> +<tr><td> </td><td>duty of mine-foreman</td><td> </td><td><a href="#sec953">953</a></td></tr> +<tr><td> </td><td>duty of miners</td><td> </td><td><a href="#sec956">956</a></td></tr> +<tr><td colspan="2">Trip riders and motormen—duties of</td><td> </td><td><a href="#sec943">943</a>, <a href="#sec958">958</a>, <a href="#sec961">961</a></td></tr> +<tr><td colspan="2">Traveling ways and refuge holes</td><td> </td><td><a href="#sec931">931</a></td></tr> +<tr><td colspan="2">Traveling ways—duty of employes</td><td> </td><td><a href="#sec959">959</a></td></tr> +<tr><td colspan="2">Transportation of surveying party</td><td> </td><td><a href="#sec969">969</a></td></tr> +<tr><td colspan="2">Trolley wires</td><td> </td><td><a href="#sec947">947</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>U.</b></td></tr> +<tr><td colspan="2">Underground stables—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>construction of</td><td> </td><td><a href="#sec945">945</a></td></tr> +<tr><td> </td><td>fire must not be taken into</td><td> </td><td><a href="#sec960">960</a></td></tr> +<tr><td> </td><td>stablemen—duties of</td><td> </td><td><a href="#sec955">955</a></td></tr> +<tr><td> </td><td>voltage</td><td> </td><td><a href="#sec948">948</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>V.</b></td></tr> +<tr><td colspan="2">Ventilation—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>duty of owner, lessee or agent</td><td> </td><td><a href="#sec922">922</a>, <a href="#sec923">923</a>, <a href="#sec924">924</a></td></tr> +<tr><td> </td><td>duty of mine-foreman</td><td> </td><td><a href="#sec952">952</a>, <a href="#sec953">953</a></td></tr> +<tr><td> </td><td>report of mine committee</td><td> </td><td><a href="#sec906">906</a>, <a href="#sec967">967</a></td></tr> +<tr><td> </td><td>voltage</td><td> </td><td><a href="#sec948">948</a></td></tr> +<tr><td colspan="4"> </td></tr> +<tr><td colspan="4" class="center"><b>W.</b></td></tr> +<tr><td colspan="2">Wash room</td><td> </td><td><a href="#sec934_1">934-1</a></td></tr> +<tr><td colspan="2">Weigh scales</td><td> </td><td><a href="#sec910">910</a>, <a href="#sec941">941</a></td></tr> +<tr><td colspan="2">Weighing of coal</td><td> </td><td><a href="#sec978_1">978-1</a>-<a href="#sec978_7">7</a></td></tr> +<tr><td colspan="2">Weighmaster—duties of</td><td> </td><td><a href="#sec966">966</a></td></tr> +<tr><td colspan="2">Weights and measures—sealers of</td><td> </td><td><a href="#sec910">910</a></td></tr> +<tr><td colspan="2">Withdrawal of persons from mine</td><td> </td><td><a href="#sec959">959</a></td></tr> +<tr><td colspan="2">When act takes effect</td><td> </td><td><a href="#sec978">978</a></td></tr> +<tr><td colspan="2">Who entitled to examine maps, records, etc.</td><td> </td><td><a href="#sec904">904</a></td></tr> +<tr><td colspan="2">Wires</td><td> </td><td><a href="#sec947">947</a></td></tr> +<tr><td colspan="2">Working places—examination of—</td><td colspan="2"> </td></tr> +<tr><td> </td><td>duty of owner, lessee or agent</td><td> </td><td><a href="#sec925">925</a></td></tr> +<tr><td> </td><td>duty of mine-foreman</td><td> </td><td><a href="#sec952">952</a></td></tr> +<tr><td> </td><td>duty of fire-boss</td><td> </td><td><a href="#sec955">955</a></td></tr> +<tr><td> </td><td>duty of miner</td><td> </td><td><a href="#sec956">956</a></td></tr> +</table> +<p><br /></p> + + + + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of Mining Laws of Ohio, 1921, by Anonymous + +*** END OF THIS PROJECT GUTENBERG EBOOK MINING LAWS OF OHIO, 1921 *** + +***** This file should be named 17449-h.htm or 17449-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/1/7/4/4/17449/ + +Produced by Audrey Longhurst, Tony Browne and the Online +Distributed Proofreading Team at http://www.pgdp.net + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in 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