Anonymous - Mining Laws of Ohio, 1921
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Anonymous >> Mining Laws of Ohio, 1921
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9 Transcriber's Note: This book was originally printed using variously
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* * * * *
Mining Laws of Ohio
1921
COMPILED BY
THE DEPARTMENT OF INDUSTRIAL RELATIONS
Columbus, Ohio
THE F.J. HEER PRINTING CO.
1921
Bound at the State Bindery
=FOREWORD.=
=The Department of Industrial Relations.=
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.
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.
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.
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.
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.
All the statutes printed in this pamphlet are in full force and
effect.
The Department of Industrial Relations,
WILLIAM ROBINETT,
_Chief, Division of Mines_.
=NOTICE.=
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.
Persons are also requested to consult the Table of Contents as well
as the Classified Index which is given in minute detail.
Also read carefully the _Penalties_ which are provided in Section
976 for violation of all laws commencing with duty of County Coroner
in Section 921, and ending with Section 975, with the exception of
Sections 968, 969 and 972, for which no penalties are provided.
TABLE OF CONTENTS.
SECTIONS.
Relating to chief and district inspectors 899-920
Relating to county recorder and
county coroner 921
Relating to owner, lessee or agent 922-950
Relating to superintendent, mine-foreman
and over-seer 951-954
Relating to stableman and fire-boss 955
Relating to employes generally 956-963
Relating to persons not employes 964
General provisions 965-972
Relating to oil and gas well
through coal measures 973
Relating to illuminating oil for
mines 974-975
Relating to penalties 976
Relating to fines collected, prosecutions,
when act takes effect,
and repeals 977-978
Regulating and prohibiting solid
shooting 976-1-2
Regulation of weighing of coal 978-1-7
Relating to employment of
minors 13001-13002
Relating to Department of Industrial
Relations 154-1-6-45
RELATING TO CHIEF INSPECTOR OF MINES AND DISTRICT INSPECTORS OF
MINES.
Mining Laws of Ohio
Sec. 898. Repealed. (Appointment of chief.)
Sec. 899. [=Qualifications of chief inspector of mines.=] 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.
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.
Sec. 901. [=Qualifications of district inspectors of mines.=] 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.
Sec. 902. Repealed. (Devoting entire time to duties.)
Sec. 903. Repealed. (Bond.)
Sec. 904. [=Offices of inspectors.=] 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.
Sec. 905. Repealed. H.B. 249--Sec. 3, 109 O.L.; 105. (Salaries and
expenses of inspectors.)
Sec. 906. [=Duties of chief inspector.=] 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. (Sec. 967.)
Sec. 907. [=Duty in case of fatal accident.=] 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. (Sec. 921, 934, 940, 951.)
Sec. 908. Repealed. (Annual Report.)
Sec. 909. [=Duties of district inspectors of mines.=] 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.
(Sec. 913.)
Sec. 910. [=District inspectors as sealers of weights and
measures.=] 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. (Sec. 941.)
[=Duty of district inspectors in case of controversy.=] 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.
Sec. 911. [=Inspectors shall exercise discretion.=] 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. (Sec. 947-948.)
Sec. 912. [=Inspectors shall have access to mines.=] 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.
[=Examination of record of minors employed.=] 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. (Sec. 944-953.)
"The provisions of Section 912, 944 and 953 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 Section 13002 G.C."
Opinion No. 885 office of the Attorney General, State of
Ohio, December 21, 1917.
Sec. 913. [=Report of district inspector to chief inspector.=] 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. (Sec. 909.)
Sec. 914. [=Duties of chief inspector and oil and gas well
inspector.=] 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 section 973 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.
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 section 973 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.
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.
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 section 973, 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.
=Chief Inspector of Mines Shall Provide and Maintain Rescue
Apparatus.=
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.
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.
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.
(103 O.L. 467.)
=Five Rescue Stations to be Provided and Maintained; Equipment of
Same.=
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.
=Location of Stations; Superintendent; Salary.=
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.
=Qualifications of Superintendent.=
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.
=Duties of Superintendent.=
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.
(108 O.L. 1278.)
Sec. 916. [=Action for non-compliance with provisions of this act.=]
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. (Sec. 927-928.)
Sec. 917. [=Failure to make map and forfeiture.=] 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. (Sec.
904, 935, 936, 937.)
Sec. 918. [=Complaint against district inspector; how made.=] 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.
[=Complaint against chief inspector, how made; appeal.=] 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.
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