Chap. 476.—An ACT to amend and re-enact sections 1845, 1847, 1872, 1876, 1879,
1882 and 1887 of the Code of Virginia. ist B 41]

Approved March 24, 1924.

1. Beit enacted by the general assembly of Virginia, That sections
eighteen hundred and forty-five, eighteen hundred and forty-seven,
eighteen hundred and seventy-two, eighteen hundred and seventy-six,
eighteen hundred and seventy-nine, eighteen hundred and eighty-two
and eighteen hundred and eighty-seven of the Code of Virginia be
amended and re-enacted so as to read as follows:

Section 1845. Character of engineers in certain cases; their duties;
width of slopes, et cetera; refuge holes; use of gasoline engines under-
ground.—No operator or ‘agent of any "coal mine, worked by shaft or
slope, shall place in charge of any engine, used for lowering into or hoist-
ing out of said mine persons employed therein, any but competent and
sober engineers: No engineer in charge of such machinery shall allow
any person, except such as may be deputed for that purpose by the
operator or agent, to interfere with any part of the machinery, and no
person shall interfere with or intimidate the engineer in the discharge of
his duties; and in no case shall more than ten persons ride on any cage
or car at one time and no person shall ride on a loaded cage or car in
any shaft or slope.

All slopes, engine planes or motor roads used by persons in any mine
shall be of sufficient width to permit persons to pass moving cars with
safety, or refuge holes of ample dimensions and not more than eighty
feet apart shall be made on either side of said slope, engine plane or
motor roads; such refuge holes shall be kept free from obstruction, and
the roof and side thereof shall be made reasonably secure and kept white-
washed at all times. No gasoline engine shall be operated underground
except in cases where authorization for such operation shall have been
obtained from the department of mines. No person shall travel on
foot to or from his work upon any slope, engine plane or motor road
when other good roads are provided for that purpose.
Section 1847. Mine ventilation; amount required and how pro-
vided.—The operator, agent or mine foreman of every coal mine, whether
worked by shaft, slope, or drift, shall provide and hereafter maintain
for every such mine ample means of ventilation, affording no less than
one hundred cubic feet of air per minute for each and every person em-
ployed in such mine, and as much more as the inspector may require,
which shall be circulated around the main headings and cross headings
and working places to such an extent as may be reasonably necessary to
dilute, render harmless and carry off the noxious and dangerous gases
generated therein. And as the working places shall advance break-
throughs for air shall be made not to exceed eighty feet apart in pillars,
or brattice shall be used so as to properly ventilate the faces, and all the
break-throughs between intake and return airways not required for the
passage of air, shall be closed with stoppings, substantially built with
suitable material, which shall be approved by the inspector, $0 as to keep
the working places well ventilated. Every mine, after be\g operated
for six months, shall be ventilated by a mechanically driven fan of suit-
able capacity, except in cases where the operation of such fan is deemed
unnecessary by the department of mines.

Section 1872. Certain acts by miners prohibited.—No miner, work-
man or other person shall knowingly injure any shaft, lamp, instrument,
air course, brattice, overcast door or curtain, or obstruct or throw open
any airways, or carry matches or open lights in the places worked by
safety lamps, or disturb any part of the machinery or appliances, open
a door used for directing ventilation and not close it again, or enter any
part of a mine against caution, or deposit human excretion in any air
course, through which the ventilating air current passes, or disobey any
order given in carrying out any of the provisions of this chapter, or do any
other act whereby the life or health of any person employed in the mines
or the security of the mines is endangered. It shall be unlawful for
motormen, engineers or others operating machinery of any kind hauling
empty or loaded cars to make what is known as a flying switch inside of
& mine, except at designated points, which points shall be conspicu-
ously marked. It shall be unlawful for any person, except employees
engaged in operating the same, to Jump on the front or between any
moving trip of cars hauled by motor or other machinery, or on other
machinery such as motors, engines, and coal cutting machines. Any
person who shall violate the provisions of this section shall, upon con-
viction, be fined not less than ten nor more than five hundred dollars,
or be imprisoned in the county jail not less than ten nor more than
ninety days. When any operator of a mine shall refuse to furnish all
supplies necessary for the mine foreman to comply with the require-
ments of this chapter, within a reasonable time, after being requested
to do so, and by reason of such refusal, a loss of life or injury may result
to any employee, a right of action for damages may ensue against the
operator of the mine wherein such employee has not contributed to his

own injury or loss.
Section 1876. Tamping; shooting off solid; use of fuses.—No miner

or other person shall tamp a shot-hole with coal. In any mine in which

solid shooting is done, the inspector is authorized to prescribe the con-

ditions under, which such solid shooting may be done. When fuse is
used to ignite explosives in blasting coal, rock, or other thing, it shall be
unlawful to use a fuse which does not extend outside of the hole at least
four inches. All holes must be tamped to the mouth. Any person
violating the provisions of this section shall, upon conviction, be fined
not less than ten nor more than fifty dollars.

Section 1879. Protection of wires; voltage on trolley wires in new
collieries.—In all electrically equipped mines at partings or other places
where men are required to pass under bare power wires hanging less
than six feet six inches above the place where he is required to walk,
the same shall be protected, either by having the wire in a trench cut
in the top, or by means of a board along the wire or by any other method
that shall be approved by the State mine inspector or his assistant.
Electric power used on trolley wires in collieries established after July
first, nineteen hundred and twenty-four, shall not exceed three hundred
volts. Any person violating the provisions of this section shall, upon
conviction, be fined not less than ten nor more than fifty dollars.

Section 1882. Penalties for furnishing or using improper oils; stor-
age inside of mine of oils or other inflammable material limited.—Any
person, firm or corporation selling or offering for sale for illuminating
purposes in any mine in this State any oil or any mixture or compound
of oils which does not comply with the tests, as prescribed in section
eighteen hundred and eighty, whether done through an agent or em-
ployee or not, shall be deemed guilty of a misdemeanor, and, upon con-
viction thereof, fined not less than twenty-five nor more than one hun-
dred dollars for each offense.

Any miner, or employee in any mine, or employee of any mine opera-
tor or mine owner, who shall knowingly use or permit to be used for
illuminating purposes in any mine in this State any oil other than that
prescribed in section eighteen hundred and eighty, or who shall store,
or permit the storage of oils or other inflammable material inside of a
mine in quantities in excess of normal daily needs, shall be guilty of a
misdemeanor and, upon conviction thereof, be fined not less than five
nor more than twenty-five dollars, or be confined in jail not less than
five nor more than sixty days, or both, for each offense.

Section 1887. To what mines this chapter applies; notice of open-
ing of new underground mines.—The provisions of this chapter shall
apply to coal mines, and other underground mines so far as applicable;
and no new underground mine shall hereafter be opened without first
giving notice to the department of mines. Any person, firm or corpora-
tion opening a new underground mine without first giving such notice
shall be deemed guilty of a misdemeanor, and, upon conviction thereof,
shall be fined not less than ten nor more than five hundred dollars.