Chap. 150.—An ACT to revise, consolidate, amend and codify the general laws of
Virginia relating to mines, mining, quarries, quarrying, the Division of Mines,
and the State Mine Inspector; to that end to repeal Chapter seventy-six of the
Code of Virginia, as heretofore amended, and Sections 1835 to 1887, both
inclusive, of the Code of Virginia, as heretofore amended, which chapter and
sections relate to mines, mining, the Division of Mines, and the State Mine
Inspector; and to amend the Code of Virginia by adding thereto and inserting
therein in lieu of the said chapter and sections so repealed, a new chapter num-
bered 76 and seventy-one new sections numbered 1835 to 1887, both inclusive,
and 1887-a to 1887-r, both inclusive, continuing and providing for the Division
of Mines and the State Mine Inspector, providing for officers, agents and
employees, of the said Division and of the State Mine Inspector, prescribing
the rights, powers, duties, functions, compensation and expenses of the said
Division, the State Mine Inspector and the said officers, agents and employees,
regulating mines and mining and quarries and quarrying in this State, pre-
scribing certain rights, powers, duties and functions of owners and operators of
and persons employed in and about such mines and quarries, providing for the
safety of and protection of persons employed in and about mines and quarries
and for the safety and protection of mines and quarries and property used in
connection with mines, mining, quarries and quarrying. {H B 70]

Approved March 7, 1940

1. Be it enacted by the General Assembly of Virginia, That
chapter seventy-six of the Code of Virginia, as heretofore amended,
and sections eighteen hundred and thirty-five to eighteen hundred
and eighty-seven of the Code of Virginia, as heretofore amended, be,
and the same are hereby, repealed.

2. Be it further enacted by the General Assembly of Virginia,
That the Code of Virginia be amended by adding thereto and in-
serting therein in lieu of the chapter and sections herein repealed, a
new chapter numbered seventy-six and seventy-one new sections
numbered eighteen hundred and thirty-five to eighteen hundred and
eighty-seven, both inclusive, and eighteen hundred and eighty-seven-a
to eighteen hundred and eighty-seven-r, both inclusive, which new
chapter and new sections shall read as follows:

CHAPTER 76
Division of Mines

Section 1835. Division of Mines continued.—The Division of
Mines, heretofore created and known as the Department of Mines, is
continued. It shall be under and subject to the control of the Bureau
of Labor and Industry, and shall have for its purpose the supervision
of the execution and enforcement of all laws enacted for the safety
of persons employed within or at mines within the limits of the Com-
monwealth, and the protection of mine property and other property
used in connection therewith; and the said division shall be in charge
of an official to be known as the State mine inspector, hereinafter
designated as inspector, who shall be appointed by the Governor and
serve at his pleasure and during his term of office. He shall be under
the direction of and shall report to the Commissioner of Labor.
Assistant mine inspectors shall be appointed by the Commissioner
of Labor.

Section 1836. Qualifications of inspector and assistant inspectors
of mines; for what removed; his records.—(a) The inspector and
assistant inspectors shall have a thorough knowledge of the different
systems of working and ventilating coal mines, and of the nature
and properties of mine gases, especially explosive gases, and dust;
and shall have a thorough and practical knowledge of mining gained
by at least five years’ experience at and in coal mines; and shall be
of good moral character and temperate habits. The assistant mine
inspectors may be removed from office by the Commissioner of Labor
for incompetency, neglect of duty, drunkenness, malfeasance and for
other good causes. The State mine inspector shall keep a record of
all inspections made by him and his assistants and report same to
the Commissioner of Labor, who shall keep a permanent record
thereof properly indexed, which record shall at all times be open to
inspection by any citizen of the Commonwealth and shall be collated
and embodied in the annual report of the bureau.

(b) Neither the State Mine Inspector nor any other officer or
employee of the Division of Mines shall, upon taking office or being
employed, or at any other time during the term of his office or em-
ployment, have any affiliation with organized union labor or any
operating coal company or any operator’ s association.

Section 1837. Board of examiners; certification without exami-
nation.—The State mine inspector, together with one miner, holding
a mine foreman’ s certificate, of first class, and who has had at least
five years’ practical experience in mining, and who is actually em-
ployed in mining coal in a non-supervisory capacity at the time of
the appointment, and one operator, who is, at the time of the appoint-

ment, actually engaged in the position of operating a coal mine in
the State, both of whom shall be appointed by the Governor, from
a list of names submitted by the Commissioner of Labor, of not less
than five from each group, for a term of four years or until his suc-
cessor is appointed, shall constitute a board herein designated as the
Board of Examiners. Vacancies shall be filled for unexpired terms.
Such Board shall examine and certify as eligible for certificates, mine
inspectors, superintendents, mine foremen, assistant or section fore-
men, and fire bosses in any mine in this State. Persons employed
as mine inspectors, superintendents, mine foremen, assistant or
section foremen or fire bosses, in any coal mine, prior to the date on
which this provision hecomes effective, shall be granted, without
examination, certificates of fitness provided they have been so em-
ployed one year or more prior to the effective date of this act, and
who, in the opinion of the State mine inspector, meet this requirement.

Section 1838. Fees.—A fee of five dollars shall be paid to the
State mine inspector by each person examined, before the examina-
tion is begun. All such fees collected, including moneys collected
pursuant to the provisions of section eighteen hundred and forty-
three, shall be promptly paid by the State mine inspector into the
State treasury and shall constitute an examiners’ fund under the
control of the State mine inspector for the payment of the compensa-
tion and expenses of the members of the Board of Examiners and
the expenses of the Board, as hereinafter provided, for which pur-
poses such moneys are hereby appropriated.

Section 1839. Expenses of Board of Examiners.—Out of the
examiners’ fund there shall be paid the cost of printing certificates
and other necessary forms and the incidental expenses incurred by
the Board in conducting examinations shall also be paid from the
examiners’ fund. The State mine inspector shall keep accounts and
records concerning the receipts and expenditures of the fund as
required by the Auditor of Public Accounts.

Section 1840. Meetings of Board; per diem and expenses.—The
Board shall meet at least once a year and shall be called by the State
mine inspector to meet at such other times as the number of applica-
tions may justify. The Board shall meet at such place or places and
at such times as may be designated by the State mine inspector, and
the Board shall remain in session until its work is completed; but
no one session of the Board shall continue more than three days.
Out of the examiners’ fund there shall be paid to each member of
the Board, except the State mine inspector, who shall serve without
extra pay, his necessary expenses incurred in the service of the Board
and a per diem not to exceed ten dollars ($10.00) for each day the
Board is in session.

Section 1841. Records of Board.—The State mine inspector
shall preserve in his office a record of the meetings and transactions
of the Board and of all certificates issued.

Section 1842. Examinations.—The examinations herein pro-
vided for shall be conducted under such rules, conditions and regula-
tions as the members of the Board shall deem most efficient for carry-
ing into effect the spirit and intent of this act. Such rules, when
formulated, shall be made a part of the permanent record of the
Board, and such of them as relate to candidates shall be published
for their information and guidance at least ten days prior to each
examination, and shall be of uniform application to all candidates.

Section 1843. Replacement of lost and destroyed certificates.—
In case of the loss or destruction of a certificate, the State mine in-
spector may supply a copy thereof to the person losing the same,
upon the payment of one dollar to the State mine inspector, pro-
vided, it shall be known to the satisfaction of the Board of examiners
that the loss has actually occurred, and that the loser was the holder
of such certificate.
Section 1844. Qualifications of applicants for mine foreman’s
certificate-—Applicants for first and second class mine foreman’s
certificates shall have had five years’ practical experience, at least
three years of which shall have been spent underground in a coal
mine, and shall be citizens of the United States, and shall present an
affidavit as to the above, and a certificate of good moral character
and of known temperate habits, signed by ten reputable citizens of
the community where he resides, provided that a graduate of an
approved four-year college course in mining engineering shall be given
credit for two of the five years of practical experience.

Section 1845. Grade of certificates based on experience; re-
ciprocity.—The said Board shall be entitled to grant certificates of
competency of two grades; namely, certificate of the first class to
persons who have had experience in coal mines, generating gases or
accumulating dust, either or both, and who shall have the necessary
qualifications to fulfill the duties of mine foreman in such mines; and
certificates of the second class to persons who give satisfactory evi-
dence of their ability to act as mine foreman in coal mines not gene-
rating explosive gases or accumulating dust. Any person holding a
first-class certificate of any other state may act as mine foreman in
this State, without examination, until the next meeting of the exam-
ining board.

Section 1846. Employment and qualifications of fire bosses.—It
shall be the duty of the owner or operator of every mine in this State,
known to generate fire damp or other dangerous gas or gases in dan-
gerous quantities, to employ a “‘fire boss’’ or “fire bosses’. Each
such fire boss shall have such knowledge of fire damp and other
dangerous gases as to be able to detect the same with the use of
safety lamps. He shall also have a practical knowledge of the subject
of ventilation of mines, and the machinery and appliances used for
that purpose, shall have at least three years’ experience in mines
generating gases, and shall hold a fire boss certificate from the Divi-
sion of Mines.

Section 1847. Duties of fire bosses.—It shall be the duty of such
fire boss, or bosses, where employed in any gaseous mine, or mines,
to prepare a danger signal, with suitable color, at each mine entrance,
and no person except the mine owner, operator, or his agent, and
only then in case of necessity, shall pass beyond this danger signal
until the mine has been examined by the fire boss, and the same, or
certain parts thereof, reported by him to be safe. It shall further
be the duty of such fire boss, or bosses, to go into all the working
places of such mine, or mines, where gas is known to exist in dangerous
quantities, and to examine the same carefully with a safety lamp, or
other approved devices, and to do, or cause to be done, whatever
may be necessary to remove from such working place or places all
dangerous gases and make the same safe for persons to enter therein
as workmen in such mine or mines. Such examination and removal
of the said gases shall begin within three hours before the time any
shift shall commence work; and it shall be the duty of such fire boss
at each such examination, to leave evidence of his presence at the
face of every working place examined, and if the mine is safe he shal
remove the danger signal, or change the color thereof to safety, in
order that the employees may enter the said mine and begin work.
In the performance of the duties on the part of the fire boss, or bosses.
they shall have no superior officer, but all the employees working
inside said mine, or mines, shall be subordinate to said fire boss, or
bosses, in this particular work. The fire boss shall, upon having
completed the examination of the mine before any shift shall be due
to go to work, make a written record of the condition of the mine in a
book having a form prescribed by the State Mine Inspector, which
record shall, at all times, be kept at the mine, subject to the inspection
of the inspector. Except under the directions of the said fire boss, or
bosses, and then only for the purpose of assisting in making the said
mine safe, it shall be unlawful for any person to enter the said mine or
mines for any purpose at the beginning of work upon any shift therein,
until such signal or warning has been given by said fire boss, or bosses,
on the outside of the said mine or mines as to the safety thereof, as
herein provided.

Section 1848. Employment and qualifications of mine foremen.—
In every mine where five or more persons work during, or during any
part of, any period of twenty-four hours, the operator thereof or the
agent of such operator shall employ a competent and practical inside
overseer, to be called mine foreman, who shall be a citizen of the
United States, and who, except as otherwise provided in section eight-
een hundred and forty-five, shall hold a certificate of competency for
such position, issued to him by the board of examiners.

Every assistant foreman and section foreman employed to assist
the mine foreman in the immediate supervision of a portion or the
whole of a mine and the persons employed therein shall have had three
years of practical experience in a coal mine and shall hold a certificate
of competency for such position issued to him by the board of ex-
aminers.

Section 1849. Duties of mine inspectors; inspection of mines;
certificates of inspection—The mine inspector shall deliver to the
operator, or operators, of each mine inspected, a certificate of inspec-
tion and shall post a duplicate certificate at a prominent place at, or in
the vicinity of, each mine inspected, where it may be conveniently
read by any of the mine employees; each such duplicate certificate
shall remain posted until a subsequent certificate is issued. The said
inspector shall visit each mine once in each three months, or oftener,
if necessary, or if called on in writing by ten men engaged in any one
mine, or the owner, operator or superintendent of such mine, and shall
make a personal examination of the interior of such mine, and of the
outside of the mine where any danger may exist to the workmen, shall
particularly examine the condition of the mine as to ventilation,
drainage and general safety, and shall make a report of such examina-
tion, and he shall see that the provisions of this chapter are strictly
carried out. Any inspector failing to carry out the provisions of this
chapter shall be guilty of a misdemeanor, and upon conviction thereof
hall be fined not less than fifty dollars nor more than two hundred and
ifty dollars, and shall be dismissed from office.

Section 1850. Maps of mines required to be made; contents; how
xtended.—The operator, or his agent, of every mine shall make, or
-ause to be made, unless already made and filed, an accurate map or
ylan of such mine, on a scale to be stated thereon, of one hundred
-o four hundred feet to the inch. Such map, or plan, shall show the
ypenings or excavations, the shafts, slopes, entries and airways, with
Jarts or arrows showing direction of air currents, headings, rooms,
pillars and so forth, and such portions of such mine or mines as may
have been abandoned, the general inclination of the coal strata, and
so much of the property lines and the outcrop of the coal seam of the
tract of land on which said mine is located, as may be within one
thousand feet of any part of the workings of such mine. A true copy
of such map or plan shall be delivered by such operator to the mine
inspector, and the said report shall be filed and preserved among the
records of the Division of Mines; but in no case shall any copy of the
same be made for any other person without the consent of the operator
or his agent. The original map, or a true copy thereof, shall be kept
by such operator at the office of the mine, open at all reasonable times
for the examination and use of the mine inspector; and such operator
shall twice within every twelve months, to-wit; on or before the first
day of February and on or before the first day of August of each year,
while the mine is in operation, cause such mine to be surveyed and the
map thereof extended so as to accurately show the progress of the
workings, the property lines and outcrop as before described, and
shall forward the same to the Division of Mines, to be kept on record,
subject to the conditions hereinbefore stated.

Section 1851. When State mine inspector may cause surveys and
maps of mines to be made.——If the operator, or his agent, of any mine
shall neglect or fail to furnish to the State mine inspector a copy of any
map or extension thereof, as provided in the preceding section, the
State mine inspector is authorized to cause a correct survey and map
or plan of said mine, or extension thereof, to be made at the expense of
the operator of such mine, the cost of which shall be recovered from
said operator as other debts are recoverable by law; and if at any time
the State mine inspector has reason to believe that such map, or plan.
or extensions thereof, furnished in pursuance of the preceding section.
is substantially incorrect, or such as will not serve the purpose fot
which it was intended, he may have a survey and map or plan o1
extension thereof made, or corrected, and the expense of making sucl
survey and map or plan or extension thereof, under the direction of saic
State mine inspector, shall be paid by the operator, and the same may
be collected as other debts are recoverable by law; but if found sub.
stantially correct, the expense thereof shall be paid by the State.

Section 1852. Required ventilation.—The operator, his agent o1
mine foreman, of every coal mine, whether worked by shaft, slope, o1
drift, shall provide and hereafter maintain for every such mine, ample
means of ventilation, affording no less than one hundred cubic feet o
air per minute, for each and every person employed in such mine, anc
as much more as the inspector may require; such air 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 harm-
less and carry off noxious and dangerous gases generated therein.
Not more than one hundred men shall work on any one split of air.
Break-throughs for air shall be driven on centers not to exceed eighty
feet, or line brattice shall be used so as to properly ventilate the faces,
and all the break-throughs between the 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, so as to keep the working places well ventilated.

Section 1853. Ventilation of mines generating fire damp and
mines with gas.—In every mine generating fire damp, and where there
is every reason to believe that gas will be encountered in the future
workings and development of the mine, the minimum ventilation shall
be one hundred and fifty cubic feet per minute for each and every
person employed therein, and as much more as the inspector may deem
requisite. All stoppings on the main entries in each such mine shall
be substantially filled with suitable materials, so as to keep the work-
ing places well ventilated. Doors in the main haulways shall be
avoided in gassy mines where reasonably practicable, and overcasts
built of masonry or other incombustible material, and of ample
strength, shall be adopted; where doors are used they must be built in
a substantial manner and hung so as to close automatically when
unobstructed. Only non-inflammable brattice cloth shall be used.

Section 1854. Use of ventilating fans; instruction, duties and pro-
tection of workmen.—(a) Every mine shall be ventilated by a mechant-
cally driven fan of suitable capacity, except in cases where the opera~-
tion of such fan is deemed unnecessary by the State mine inspector.

(b) In all mines where gas is being generated in dangerous quanti-
ties, a fan or fans shall be kept in continuous operation night and day
unless written permission to the contrary be granted by the State
mine inspector or a mine inspector of the said Division of Mines. All
main ventilating fans shall be located at, or as near the surface as
practicable.

(c) The workmen shall be instructed to withdraw immediately
from any mine in case of the stoppage of the fan, or in the event of a
heavy fall of roof, whereby the ventilation of the mine is seriously
interrupted; and they shall not be allowed to return to their work
until the ventilation has been restored and the mine has been thor-
oughly examined by the foreman, assistant foreman, or fire boss, and
reported safe.

Section 1855. Number of workmen in mines with gas limited.—
(a) Not more than sixty persons shall be permitted to work in the
same air current, in any mine in which dangerous gas has been detected
in dangerous quantities; but a larger number, not exceeding eighty
persons, may be allowed by the inspector where, in his judgment, it
would be impracticable to comply with the foregoing requirements.

(b) No operator, his agent, or mine foreman, shall permit any
person to work where they are unable to maintain at least one hundred
cubic feet of air per minute per man; this shall not be construed, how-
ever, to prohibit the operator from employing men to make the place
of employment safe and to comply with this requirement; but while
the repair work necessary to get the mine in condition to comply with
the act is being done, no person shall be permitted to enter that part
of the mine affected except those actually employed in doing the
necessary repair work.

Section 1856. Duties of mine foremen.—The duties of the mine
foreman shall be to keep a careful watch over the ventilating apparatus,
the airways, traveling ways, pumps and drainage. He shall see that,
as the miners advance their excavations, proper break-throughs are
made as required by law to ventilate properly the mine. He shall also
see that all loose coal, slate and rock overhead in the working places
and along the haulways are removed or carefully secured so as to
prevent danger to persons employed in such mines, and that sufficient
props, caps and timbers, as nearly as possible of suitable dimensions,
are furnished for the places where they are to be used, and such props,
caps and timbers, shall be delivered and placed at such points as the
rules for the governement of each mine provides for them to be de-
livered. The mine foreman shall have all water drained, pumped or
hauled out of the working places, where practicable, and such working
places kept drained as far as practicable while the miners are at work.
It shall be the duty of the mine foreman to see that cross cuts are
made as required by law, and that the ventilation is conducted by
means of such cross cuts through the rooms by means of check doors
placed on the entries, or at other suitable places, and he shall not
permit any room to be opened in advance of the ventilating current.
The mine foreman shall measure the air current with an anemometer
at least twice each month at the inlet and outlet and at or near the
faces of the advanced headings, and shall keep a record of such
measurements in a book having a form prescribed by the State mine
inspector. The mine foreman shall see that sign boards directing the
way to escapeways be conspicuously placed throughout the mine.

Section 1857. Requirements as to slopes, engine planes and
haulage roads.—The mine foreman shall require that all slopes, engine
planes and haulage roads, used by any person in the mine, shall be
made of sufficient width to permit persons to pass moving cars with
safety, or refuge holes shall be made on one side of such haulage road
not less than five feet in width, and not less than four feet in depth.
The refuge holes shall be not more than eighty feet apart, and shall
be kept free from obstructions. The roof and sides thereof shall be
made secure and kept whitewashed at all times.

Section 1858. Signals; lights; operation of cages.—On all haul-
ways, where hauling is done by machinery of any kind, the mine
foreman shall provide a proper system of signals, and a conspicuous
light on the front, and a light on the rear, of every trip or train of cars
when in motion; but this shall not apply to trips being hauled by
gathering motors or mules when operating on other than main head-
ings. When hoisting or lowering of men occurs in the morning before
daylight, or in the evening after darkness, at any mine operated by
shaft, the mine foreman shall provide and maintain at the shaft mouth
a light of a stationary character, sufficient to show the landing and all
surrounding objects distinctly, and sufficient light of a stationary
character shall be located at the bottom of the shaft so that persons
coming to the bottom may clearly discern the cages and other objects
contiguous thereto. The mine foreman shall require that no cages on
which men are riding shall be lifted or lowered at a rate of speed
greater than six hundred feet per minute, and that no mine cars,
either empty or loaded, shall be hoisted while men are being lowered
or hoisted, and no cage having an unstable self-dumping platform,
shall be used for the carrying of workmen unless the same is provided
with some device by which it may be securely locked when men are
being hoisted, or lowered into the mine.

Section 1859. Operations near abandoned mines.—It shall further
be the duty of the mine foreman to have bore holes kept, not less than
twelve feet in advance of the face, and, where necessary, on sides of
the working places that are being driven toward, and in dangerous
proximity to, any abandoned mine, or part of mine, suspected of
containing inflammable gases or which is filled with water.

Section 1860. Instruction of miners; employment of inexperienced
persons.—(a) It shall be the duty of the mine foreman, or assistant
mine foreman, of every coal mine in this State, to see that every person
employed to work in such mine shall, before beginning work therein,
be instructed as to any unusual or extraordinary danger incident to
his work in such mine which may be known to, or could reasonably be
foreseen, by the mine foreman or assistant mine foreman. It shall
further be the duty of such mine foreman to see that every person
employed in such mine shall, upon request, be furnished with copies
of this act and the printed rules pertaining to such mines.

(b) Every inexperienced person so employed shall work under the
direction of the mine foreman, his assistant or some other experienced
worker until he has had reasonable opportunity to become familiar
with the ordinary danger incident to his work.

Section 1861. Safety of working places—The mine foreman, or
his assistant, shall visit and carefully examine each working place in
the mine each day while the miners employed in such places are at
work, and shall direct that each working place shall be secured by
props or timbers where necessary, to the end that the working places
shall be made safe. Should the mine foreman or his assistant find a
place to be in a dangerous condition, they shall not leave the place
until it is made safe, or shall remove the persons working therein until
the place is made safe, by some competent person or persons designated
for that purpose; and no person shall work in a place known to be un-
safe until it is made safe, except persons engaged in making the place
safe.

Section 1862. Protection from gases and other dangers.—The
mine foreman shall see that every mine liberating explosive gas is
kept free of standing gas in all working places and roadways. Any
accumulation of explosive or noxious gases in the worked out or
abandoned portions of any mine shall be removed as soon as possible
after its discovery, or such portion sealed off so that gas may not escape
to other sections of the mine. All places in live sections that are
temporarily abandoned shall be examined as live workings by the fire
boss on regular inspections. No person who may be endangered by
the presence of such explosive or noxious gases shall be allowed in that
portion of the mine until such gases have been removed; and all persons
except those especially charged with that duty are hereby forbidden
to enter such parts of said mine where gas may be found. The mine
foreman shall direct and see that all dangerous places and the entrance
or entrances to worked out and abandoned places in all mines are
properly fenced off across the openings, so that no person can enter,
and that danger signals are posted upon such fencing to warn persons
of the existing danger.

Section 1863. Removal of dangers; examination of mines by mine
foreman and assistants.—The mine foreman shall give prompt atten-
tion to the removal of all dangers reported to him by his assistants,
the fire boss, or any other person working in the mine, and in case it is
impracticable to remove the danger at once he shall notify every
person whose safety is menaced thereby to remain away from the
portion where the dangerous condition exists. He or his assistants
shall, at least once each week, travel and examine all the air courses,
roads and openings that give access to old workings or falls, and make
a record of the condition of all places where danger has been found,
with ink or indelible pencil in the book provided for that purpose.

Section 1864. Record book of fire boss to be countersigned.—The
mine foreman shall each day read carefully and countersign with ink
or indelible pencil, all reports entered in the record book of the fire
bosses.

Section 1865. Appointments to fill vacancies caused by death,
resignation or removal of foreman and fire bosses.—In case of the
death, resignation or removal of a foreman or fire boss, the superinten-
dent or manager shall appoint a certified man, if one be available; and
if not, he may temporarily appoint any other competent man, who
may serve, with the approval of the State mine inspector until the
next examination. He shall, while acting as mine foreman, be liable
to the same penalty as the mine foreman for any violations of this
act.
Section 1866. Responsibility of miner for safety of working place.
—Every miner shall thoroughly examine the roof and general condi-
tion of his working place before commencing work, and if he finds loose
rock or other dangerous conditions, he shall not commence work in
such place, until it has been made safe, unless it be for the purpose of
making such place safe.

Section 1867. Supply and use of props, cap pieces and timbers.—
Every workman in want of props, cap pieces or timbers, shall notify
the mine foreman, or such other person as may be designated for that
purpose, at least one day in advance, giving the approximate length
and number of props or timbers and cap pieces he requires; but in case
of an emergency the timbers may be ordered immediately upon
discovery of any danger, and it shall be the duty of each miner to
properly prop and secure his place in order to make the same secure
for him to work therein.

Section 1868. Handling of locomotives and cars.—Motormen and
trip riders shall use care in handling locomotives and cars. It shall
be their duty to see that there is a conspicuous light on the front, and
a light on the rear, of each trip or train of cars on main haulage ways.
They shall not permit any person or persons to ride on locomotives or
cars unless granted permission by the mine foreman.

Section 1869. Riding on locomotives and cars.—No person,
except the persons necessary to operate the locomotives, trip or car,
shall ride on any locomotive or car unless granted permission by the
mine foreman, or ride on the outside of any locomotive or car, or get
on or off of a locomotive or car, while in motion.

Section 1870. First aid equipment.—In every mine where fifty,
or a less number of men are employed underground, it shall be the
duty of the operator thereof to keep always on hand at the mine one
properly constructed stretcher, one woolen and waterproof blanket,
and all necessary requisites which may be advised by the State mine
inspector, for first aid; and for each additional one hundred men so
employed on each shift, one additional stretcher and equipment as
above specified shall be furnished. No person or persons shall use any
of the aforesaid first aid equipment otherwise than provided for in
this section.

Section 1871. Safety lamps.—Mines which liberate explosive gas
from the coal or adjacent strata in dangerous quantities, and where
three-fourths of one per cent is determined by air analysis, or other
approved methods, on return air currents, shall, upon order of the
State mine inspector, be worked exclusively by the use of approved
safety lamps, or approved electric lamps, and in such mine or mines no
open lamp or torch shall be used except as may be permitted in writing
by the State mine inspector; but the foregoing provision requiring the
use of approved safety lamps, or approved electric lamps, shall not be
effective in mines or sections of mines where the ventilation may be
increased in sufficient volume to dispel, eliminate or reduce the methane
content below the percentage heretofore mentioned. In mines where
approved safety lamps, or approved electric lamps, are required to be
used for working therein, the lamps shall be in charge of some person
to be designated by the mine superintendent; and at least two approved
safety lamps shall be kept in reserve and ready for use at every coal
mine, whether such mine liberates explosive gas or not. All mine
foremen and fire bosses employed in gassy mines shall, at all times,
carry an approved safety lamp for the purpose of detecting the pres-
ence of explosive gas, such lamp to be kept lighted at all times when
in use inside the mines.

Section 1872. Means of communication to be provided and main-
tained; safety requirements as to shafts, cages, hoists, and other
machinery.—The operator, or his agent, of every mine worked by
shaft shall provide and maintain a metal tube, telephone, or other
approved means of communication from the top to the bottom of such
shaft, suitably adapted to the free passage of sound, through which
conversation may be held between persons at the top and at the
bottom of the shaft; also the ordinary means of signaling, and an
approved safety catch, and a sufficient cover overhead on every cage
used for lowering or hoisting persons, and at the top of the shaft an
approved safety gate, and an adequate brake on the drum of every
machine used to lower or hoist persons in such shaft. Said operator
or agent shall have the machinery used for lowering or hoisting persons
into or out of the mine kept in safe condition, and inspected once in
each twenty-four hours by some competent person, and there shall be
cut out or around the side of the hoisting shaft, or driven through the
solid strata at the bottom thereof, a traveling way not less than five
feet high and three feet wide to enable a person to pass the shaft in
going from one side of it to the other without passing over or under the
cage or other hoisting apparatus. All gears, cogs, pulleys, belts and
other moving parts of machinery in and about all mines shall be
properly guarded.

Section 1873. Engineers and drum runners; riding in or on cages
and cars.—No operator, or his agent, of any mine worked by shaft,
slope or incline, shall place in charge of any engine or drum used for
lowering or hoisting persons employed in such mine, any but competent
and sober engineers or drum runners; and no engineer in charge of
such machinery shall allow any person, except such as may be depu-
tized for such purpose by the operator, or his agent, to interfere with
any part of the machinery; and no person shall interfere with, or
intimidate, the engineer or drum runner in the discharge of his duties.
In no case where the mine is operated or worked by shaft or slope shall
more than ten persons ride in any cage or car at one time, without the
approval of the State mine inspector first having been obtained, and
no person shall ride on a loaded cage or car in any shaft or slope, or on
any incline, except regular attendants.

Section 1874. Checking employees in and out of mines.—
Wherever practicable, the operator, or his agent, of every mine shall
install a uniform system of checking the employees in and out of the
mine, whereby each employee upon entering the mine shall be given a
check by which he shall be identified, and which check shall be placed
in its proper place on the check board by the employee when leaving
the mine.

Section 1875. Mine outlets.—(a) It shall be unlawful for the
operator, or his agent, or the mine foreman of any mine, to employ
any person to work in such mine, or permit any person to be in the
mine for the purpose of working therein, unless he is in communication
with at least two openings, or outlets, to each seam, separated by
natural strata, such openings to be not less than three hundred feet
apart, if the mine be worked by shaft, and not less than fifty feet apart
at the outlets, if worked by slope or drift; but this requirement of a
distance of three hundred feet between openings or outlets to shaft
mines shall not apply where such openings or outlets have been made
prior to the effective date of this amended section. To each of such
outlets there shall be provided from the interior of the mine, a safe and
available roadway, properly drained, which shall, at all times, while
the mine is in operation, be kept free from all obstructions that might
prevent travel thereon in case of an emergency. If either of the out-
lets be by shaft, it shall be fitted with safe and available appliances,
such as stairs or hoisting machinery, which shall at all times, when the
mine is in operation, be kept in order and ready for immediate use,
whereby persons employed in the mine may readily escape in case of
accident, and in addition to the regular hoisting machinery, every
shaft used for lowering or hoisting men shall be provided with a
complete emergency windlass, or other hoisting device, of ample
strength for hoisting men from the mine, the same to be approved by
the State mine inspector.

(b) This section shall not apply to any mine while work is being
prosecuted with reasonable diligence in making communication be-
tween such outlets, or necessary repairs, or removing obstructions, so
long as not more than twenty persons are employed at any one time
in the mine; neither shall it apply to any mine, or part of a mine, in
which a second outlet has been rendered unavailable by reason of the
final robbing of pillars, preparatory to abandonment, so long as not
more than twenty persons are employed therein at any one time; but
before a limited number of men are so permitted to work, approval of
the necessity therefor shall first be obtained from the State mine
inspector by the operator.

Section 1876. Prohibited acts.—(a) No miner, workman, or other
person shall knowingly damage any shaft, lamp, instrument, air
course, or brattice, or obstruct airways, or carry watches or open
lights in the places worked by safety lamps, or carry therein any in-
toxicating liquors, or disturb any part of the machinery or appliances,
or open a door used for directing ventilation and not close it again,
or deposit human excretion in airways, or enter any part of a mine
against caution, 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 mine, or the security of the mine,
is endangered.

(b) In mines where electric, or safety lamps are used for pro-
tection against gas, no miner, workman or other person shall at any
time enter any such mine and carry therein any intoxicating liquors,
matches, pipes, cigars, cigarettes, or any device for making lights or
fire, not authorized or approved. In all such mines the operator shall,
at least once each week, search or cause to be searched, any person
entering any mine, to prevent such person from taking or carrying
therein any of the above mentioned articles, and no person shall enter
any mine, while under the influence of intoxicating liquors.

Section 1877. Examination of mines; closing unsafe mines; court
proceedings.—(a) The operator, or his agent, of every mine shall
furnish the inspector proper facilities for entering such mine and mak-
ing examinations, or obtaining information; and if any inspector shall
discover that any mine, or part thereof, does not, in respect to appli-
ances for the safety of the persons employed therein, conform to the
provisions of this act, or that, by reason of any defect or practice in or
at such mine or part thereof, whereby the lives or health of persons
employed therein are endangered, he shall immediately, in writing,
notify such operator, or his agent, thereof, stating in such notice the
particulars in which he considers such mine, or part thereof, to be
defective or dangerous, and if he deems it necessary for the protection
of the lives and health of the persons employed in such mine, or part
thereof, he shall, after giving one day’s notice in writing to the operator,
or his agent, notify immediately the State mine inspector, who shall
forthwith examine the mine, or part thereof, reported to be unsafe.
(b) If, upon such examination, any mine, or any part thereof, is
in fact found to be in an unsafe condition, the State mine inspector
shall forthwith order the mine, or part of such mine, closed until it is
placed in a safe and proper condition for mining operations. The
owner or operator of any mine, or part thereof, so closed may apply to
the circuit court in whose jurisdiction such mine is located, or the
judge thereof in vacation, by petition, for an order directing said mine,
or part thereof, to be reopened, and such court, or judge, shall promptly
hear and determine the matters arising upon such petition, and if,
upon full hearing thereof, the court or the judge thereof in vacation,
shall find that the mine, or the part thereof, is in a reasonably safe
condition, the prayer of said petition shall be granted; but at least
three days’ notice of the hearing shall be given to the mine inspector
appointed for, and acting in, that district, and to the State mine
inspector, before the hearing; and in all such hearings the Attorney
General, or the local Commonwealth’s Attorney, upon request of the
State mine inspector, or his deputy, shall appear in behalf of the State.

Section 1878. Operation of steam locomotives in mines.—No
steam locomotive shall be used in any mine where men are employed;
but this shall not be construed to prohibit any mine owner from operat-
ing a steam locomotive through any tunnel, haulway, or part of mine
that is not in actual operation, for the extraction of coal.

Section 1879. Inflammable oils not to be used underground.—No
gasoline, benzine, kerosene or other inflammable oils shall be used
underground in operating machinery.

Section 1880. Taking explosives into mines.—(a) No miner or
other employee shall take into any mine in this State any larger
quantity of powder or other explosive than he may reasonably expect
to use in any one shift, and all explosives shall be carried into the mine
in an insulated or non-conductive, canvas, wood, fibre, or other ap-
proved receptacle of a capacity not to exceed one shift’s supply, which
shall be properly closed with an approved top. All detonators or
electric squibs shall be carried into the mine in non-conductive wood,
fibre, or other approved receptacles with approved top and of a
Capacity not to exceed one shift’s supply. Explosives shall not be
carried in any receptacle containing either detonators or electric
squibs. It shall be the duty of each miner to see that all explosives
are separated from detonators, squibs, or fuses by at least twelve feet,
in all working places.

(b) No explosives or detonators shall be hauled on any trip
operated by electric haulage motors, unless enclosed in non-conducting
boxes, containers or cars approved by the State mine inspector, or
district inspector.

(c) Trips hauling explosives shall not carry workmen other than
those operating the trip, and explosives shall not be hauled into or out
of the mine within five minutes preceding or following any trips in
which men are handled, and when traveling with the air current, the
explosive trip shall precede, if against the air current, the man trip
shall precede. Provided, however, should a more safe method of
transporting and handling explosives or detonators be made available
after proper and sufficient tests and experiments, the State mine
inspector shall have authority to approve the methods to be used.

Section 1881. Firing shots.—(a) No shots shall be fired in any
place known to liberate explosive gas until such place has been properly
examined by a competent person who is designated for that purpose,
and no shots shall be fired in any place where gas is detected until said
gas has been removed by means of ventilation. After firing any shot
or shots no workman shall return to the working place until the smoke
has reasonably cleared away. Before returning to work he shall make
a careful examination as to the condition of the roof, and do what is
necessary to make the place safe before beginning to load coal, slate
or refuse.

(b) No person shall return to a missed shot, if lighted with a
squib, until thirty minutes shall have elapsed from the time of lighting
the same, or, if lighted with fuse, until twenty-four hours shall have
elapsed; and no person shall return to a missed shot when the firing is
done by electricity unless and until the wires are disconnected from the
battery. Firing shots from a power line is prohibited. The firing of
open or dobie shots is prohibited in all coal mines.

c) In no case shall more than one kind of explosive be used in
the same drill hole except in strip mining operations, and every blasting
hole shall be tamped, to the mouth, and no coal dust or inflammable
material shall be used for tamping. Any other method of tamping
must be approved by the State mine inspector. Where dynamite or
keg powder is used, the method and procedure shall be approved by
the State mine inspector. :

(d) When fuses are used, in no case shall such fuses be of less
length than the drill hole, and extend not less than four inches outside
the hole; and in no case shall a fuse less than three and one-half feet
in length be used. |

Section 1882. Shot-firers; blasting——In any mine wherein the
operator may employ a practical and experienced person as shot-firer
to prepare the cartridges and set off and discharge the shots, he may
do so; in gassy mines, however, the State mine inspector may require
the operator to employ practical and experienced persons as shot-
firers and he may prescribe the conditions under which blasting may
be carried on.

Section 1883. Construction and location of magazines.—All
magazines used for storing powder or other explosives in greater
quantities than an estimated daily supply, shall be located not less
than three hundred feet from any mine opening or building used ot
occupied by any person or persons; and the outside construction of
such magazines shall be of non-combustible material. This provision
shall not apply to a magazine built prior to the passage of this act
unless the State mine inspector deems it unsafe.

Section 1884. Conditions under which solid shooting may be done.
—In any mine in which solid shooting is done, the State mine inspector,
or any one of his deputies, is authorized to prescribe the condition
under which such solid shooting may be done. Any operator, or mine
foreman, who causes or permits any solid shooting to be done in any
mine without first having obtained a written permit from the State
mine inspector, or one of his deputies or any miner therein who shoots
coal from the solid, without first having obtained permission so to do
from the operator, or the mine foreman, shall be guilty of a misde-
meanor, and, upon conviction, shall be fined as hereinafter provided.

Section 1885. Rock dusting and watering.—In all bituminous
coal mines, accumulations of fine dry coal dust shall, as far as practic-
able, be removed from the mine, and all dry and dusty operating
sections kept adequately watered or rock dusted, or the dust allayed
by such other methods as may be approved by the State mine inspector.

Section 1886. Duties of superintendent; rules, notices, record
books and reports.—(a) It shall be the duty of every superintendent,
on behalf, and at the expense, of the operator, to keep on hand at or
within convenient distance, of each mine, at all times a sufficient
quantity of all materials and supplies required to preserve the safety
of the employees, as ordered by the mine foreman and required by
this chapter. If for any reason, the superintendent cannot procure the
necessary materials or supplies as aforesaid, he shall at once notify
the mine foreman, whose duty it shall be to withdraw the men from the
mine, or the portion thereof affected, until such material or supplies
are received. The superintendent shall, at least once every week,
read and examine carefully and countersign, all reports entered in the
mine record book by the mine foreman.

(b) The operator, or superintendent, shall cooperate with the
mine foreman and other officials in the discharge of their duties as
required by this chapter, and he shall direct that the mine foreman
and all other employees under his employment, comply with the law in
all of its provisions, especially when his attention is called, by the
State mine inspector or his deputies, to any violation of the laws.

(c) The superintendent shall keep on hand at the mine a supply
of printed rules and notices and record books required by this chapter,
which record books shall be furnished through the State mine inspector
or his deputies, on request of the operator or superintendent, in
writing. He shall see that said rules, notices and record books are
delivered to the proper persons at the time, and that they are properly
cared for, and he shall also see that the rules and notices are posted in
conspicuous places at or near the entrance to the mine and kept in
such condition that they will always be legible.

(d) The operator or superintendent of every mine shall, at least
‘en days preceding, send to the State mine inspector, notices of the
following occurrences:

(1) When a mine is about to be abandoned;

(2) When the working of a mine is to be resumed after the
abandonment, or a discontinuance for a period exceeding thirty days.
Said mine shall be inspected and meet the approval of the State mine
inspector before operations begin;

(3) When any change occurs in the name of a mine, or in the
name of the operator of a mine; and

(4) The opening of any new underground mine.

Section 1887. Report and investigation of accidents resulting in
loss of life or serious personal injury—Whenever, by reason of any
explosion or other accident in any coal mine, or the machinery con-
nected therewith, a loss of life or serious personal injury shall occur,
it shall be the duty of the superintendent of the mine, and in his ab-
sence, the mine foreman in charge of the mine, to give prompt notice
to the inspector, stating the particulars of such accidents; and the
said inspector, shall, if he deems it necessary from the facts reported,
immediately go to the scene of such accident and make investigation
and suggestions, and render such assistance as he may deem necessary
for the future safety of the men, and investigate the cause of such
explosion or accident, and make a report thereof to the State mine
inspector, which he shall preserve with the other records of his office;
and to enable him to make such investigation, he shall have the power
to compel the attendance of witnesses, and to administer oaths or
affirmations; and the cost of such investigation shall be paid by the
county in which such accident occurred. Any operator, his agent,
superintendent, or mine foreman, who shall fail to perform the duty
required by this section shall be guilty of a misdemeanor, and shall,
upon conviction thereof, be fined not less than ten dollars nor more
than five hundred dollars, or be imprisoned in jail not less than ten
days nor more than ninety days, either or both, in the discretion of the
court, or jury, trying the case.

Section 1887-a. Report of such accidents involving employees
and others.—Whenever any accident occurs in or about any mine, to
any employee or person connected with the mining operation, resulting
in serious personal injury or death, the operator, or his agent, shall,
within twenty-four hours after the occurrence of such accident, report
the same to the State mine inspector, and to the district mine inspector,
if any, of the district in which the accident occurs, in writing, giving
full details thereof upon forms prescribed and furnished by the Divisior
of Mines.

Section 1887-b. Report of fires—The operator, or his agent, o1
the mine foreman, shall, upon the discovery of fire in or about any
mine, immediately notify the State mine inspector, and the inspector
in whose district the mine is located.

Section 1887-c. Protection from trolley and other electric wires.—
(a) On all haulage roads, landings and partings, where men are requirec
to regularly work or pass under trolley or other bare power wires whicl
are placed less than six and one-half feet above the top of rail, suitable
protection shall be provided. This protection shall consist of channel
ing the roof, placing boards along the wires, which shall extend belov
it, or the use of other approved devices that afford protection.

(b) All machine feed wires shall be placed on glass or porcelair
insulators which shall be so placed as to prevent the wires from becom
ing grounded.

(c) When machine or feed wires are carried in the same entry as
trolley wire, they shall be placed on the same side as the trolley wire
between trolley wire and rib, and shall be protected from contact
therewith; and positive feed wires crossing places where persons 01
animals are required to travel, shall be safely guarded or protectec
from such persons or animals coming in contact therewith, as pro-
vided in this section.

(d) All trolley and positive feed wires shall be placed on opposite
side of track from refuge holes or necks of rooms, when so ordered by
the State mine inspector, and wires may be placed across the necks of
rooms when protected as provided for in this section. Switches or
circuit-breakers shall be provided to control the current at the mine,
and all important sections in the mine.

(e) All power wires and cables in hoisting shafts or manway com-
partments shall be properly insulated, substantially fixed and well
protected.

Section 1887-d. Special provisions applicable to gassy mines.—
(a) In gassy mines, the State mine inspector may designate where
flame-proof electric locomotives, and/or flame-proof electrically
operated machinery shall be used.

(b) No person shall be placed in charge of a coal cutting machine
in any such gassy mine, or gassy portion of a mine, who is not a
competent person, capable of determining the safety of the roof and
sides of the working places and detecting the presence of explosive gas.
Machine runners in such gassy mines, or portion of a mine, shall be
compelled to undergo examination by the mine foreman, or fire boss,
to determine their fitness to detect explosive gas before they are per-
mitted to have charge of machines in such mines, unless they be
accompanied by a certified fire boss or a machine runner or helper
having passed such an examination.

(c) In any gassy portion of a mine, a coal cutting machine shall
not be brought within the last break-through next to the working face,
until the machine man shall have made an inspection for gas in the
place where the machine is to work, unless such examination is then
made by some other competent person authorized and appointed for
that purpose by the mine foreman. If explosive gas in dangerous
quantities is found in the place, the machine shall not be taken in
intil the danger is removed.

(d) In working places where explosive gas is likely to be en-
‘ountered, a safety lamp, or other suitable approved apparatus for the
letection of fire damp, shall be provided for use with each mining
nachine when working, and should any indication of fire damp in
langerous quantities appear on the flame of the safety lamp, or other
apparatus used for the detection of fire damp, the person in charg
shall immediately stop the machine, cut off the current at the neares
switch, and report the condition to the mine foreman, or fire bos:
and the said machine shall not again be started in such place until th
mine foreman, fire boss, or a person duly authorized by one of ther
has examined it and pronounced it safe.

(e) No coal cutting machine shall be operated in a gassy portio:
of a mine for a longer period than thirty minutes without an examina
tion as above described, being made for gas, and if gas is found i
dangerous quantities the current shall at once be switched off th
machine, and the trailing cable shall forthwith be disconnected fron
the power supply, until the place is pronounced safe.

Section 1887-e. Oils which may be used in mines.—Only animal
vegetable or paraffine oil, or other oils as free from evolution of smok
as a standard cottonseed oil, when burned in a miner’s lamp, shall b
used in any open lamp or torch for illuminating purposes in any coa
mine, and kerosene or blackstrap oil, or a mixture of kerosene anc
blackstrap shall not be used in miner’s torches for illuminating pur.
poses in any coal mine; but a mixture of mineral oil (other than black.
strap oil) and vegetable oil may be used in lamps or torches placec
upon machinery used as a motive power to haul the coal in any mine
and a mixture of mineral and vegetable oil may be used for al
stationary lights.

Section 1887-f. Penalties for improper use and storage of oils ir
mines.—Any miner, or employee, in any mine, or employee of any
mine operator or mine owner, who shall knowingly use, or permit to be
used, for illuminating purposes in any mine, any oil other than that
prescribed in section eighteen hundred and eighty-seven-e, or who
shall store, or permit the storage of oils or other inflammable material
inside a mine in quantities in excess of normal daily needs, shall be
guilty of a misdemeanor and upon conviction thereof, shall be fined
not less than five dollars nor more than twenty-five dollars, or be con-
ined in jail not less than five days nor more than sixty days, or both,
for each offense.

Section 1887-g. Responsibilities of owners and operators.—
Nothing in this chapter shall be so construed as to relieve the mine
wner or operator from seeing that all of the provisions of this chapter
ire strictly complied with, nor from the duty imposed at common law
© secure the reasonable safety of their employees and, in the per-
ormance of those duties that are nonassignable at common law, as
vell as those duties required by this chapter, the mine foreman, assis-
ants, or fire boss, shall be considered as acting for the mine owner or
yperator as a vice-principal.

Section 1887-h. State mine inspector constituted inspector of
veights and measures for certain purposes.—(a) The State mine
nspector shall be the inspector of weights and measures for the purpose
f inspecting, testing and ascertaining whether the scales or measures,
rhich are kept at coal mines for the purpose of weighing or measuring
oal produced therefrom, are correct, and for such purpose he shall
have the authority vested in and be charged with the duties imposed
upon inspectors of weights and measures by general law.

(b) Every operator shall employ a weighman, who shall correctly
weigh all coal that is to be paid for by weight, and the miners or coal
loaders working in any mine, shall have the right to employ a check-
weighman, who shall be a worker employed at the same mine, pro-
vided a majority of the miners or loaders employed in the mine voting
after at least three days notice of the time and place of election shall
have elected so to do, by secret ballot. The checkweighman, when so
employed, shall have the right to inspect and check the weighing of
coal mined at such mine. It shall be the duty of the weighman and
checkweighman at reasonable intervals and without inconvenience to
the operation of the mine, to ascertain the correct tare weight of all
mine cars by weighing while empty and in usual working condition.
Where such checkweighman is employed by the miners working at
any mine the miners shall mutually agree as to basic rate of pay per
hour, per day, or per ton, of checkweighman, and the method of col-
lection and payment. Should the majority of the miners employed
at any mine fail to employ a checkweighman, then the person employed
by the operator, corporation, company or person as weighman, shall
alone perform that duty. Before the weighman or checkweighman
enter upon the discharge of the duties of their employment, they shall
take and subscribe an oath or affirmation to abstain from the use of
intoxicating liquors during the hours of work, to honestly and im-
partially do and perform the duties of their employment, and to do
equal and exact justice between employers and employees concerned
‘n the matter of their employment to the best of their judgment, skill,
and ability.

(c) Where the weighman is mutually selected by the consent of
a majority of the miners working in any mine and the operator ot
his agent, it shall not be considered necessary to employ a check-
weighman, but at any time that either of the parties to said agreement
shall become dissatisfied with said weighman, then by joint action
they may dismiss him on ten days’ notice, or the miners may employ
a checkweighman.

Section 1887-i. Operator to provide places and scales for weigh
ing coal mines.—The operator shall provide at such mine, suitable
tipples or dumping points, and accurate scales for the weighing o
coal for which the miners are to be paid, or other suitable means o
measuring the coal for which the miners are to be paid, on the basi
of measure.

Section 1887-j. Penalties for allowing person to work in mine it
violation of valid instructions——Any operator, his agent, superin
tendent or mine foreman, having in charge any mine, who shal
knowingly permit any person to work in any part of a mine in viola
tion of written instructions issued by the mine inspector, made 1
compliance with the requirements of this act, shall be guilty of :
misdemeanor, and upon conviction thereof shall be fined as herein
after provided.

Section 1887-k. When safety hats, shoes and goggles required.—
All workers in and about mining operations shall, when it is deemed
necessary or advisable in the opinion of the State mine inspector, be
required to wear adequate safety hats, safety shoes, and goggles.

Section 1887-1. Special safety rules——The operator of every coal
mine shall have the right to adopt special rules for the safety and
operation of his mine or mines, covering the work pertaining thereto
inside and outside of the same, which, however, shall not be in con-
flict with the provisions of this chapter. Such rules, when estab-
lished, shall be printed on cardboard, in the languages spoken by
ten or more employees, and shall be posted in the drum house, tipple,
or at some other conspicuous place about the mines, where the same
may be seen by all employees at such mines. When such rules are
so posted they shall operate as a notice to all employees at such
mine, of their acceptance of the contents thereof. It shall be the
duty of each mine operator to furnish a printed copy of such rules
to each of his employees when requested by either or any of them.

Section 1887-m. Annual reports to the Division; report of
transfer of mines.—The operator, or his agent, of every coal mine
shall annually, during the month of February, mail or deliver to the
Division of Mines a report for the preceding twelve months, ending
with the thirty-first day of December. Such report shall state the
names of the operators and officers of the mine, the quantity of coal
mined and such other information, not of a private nature, as may,
from time to time, be required by the Division of Mines on blank
forms furnished by the Division of Mines. Whenever any person,
company or corporation operating a coal mine shall transfer the
ownership of such mine to another person, company or corporation,
the person, company or corporation transferring such ownership
shall, within thirty days after such transfer, make a report to the
Division of Mines of such change, and a statement of the tons of coal
produced since the first of January previous to the date of such sale
or transfer at such mine, or mines.

Section 1887-n. Males under eighteen and females not permitted
to work in mines and quarries.—(a) No male person under eighteen
years of age, and no female of any age, shall be permitted to work
in or around any mine or quarry, and in all cases of doubt, the opera-
tor, his agent or foreman, shall obtain a birth certificate or other
documentary evidence, from the Registrar of Vital Statistics, or other
authentic sources as to the age of such person.

(b) Any operator, his agent, or foreman, who shall violate the
provisions of this section, or any person making a false statement as
to the age of any person under eighteen years of age, applying for
work in or around any mine or quarry, shall, upon conviction, be
fined or imprisoned as hereinafter provided.

Section 1887-0. Penalties—(a) Any operator, company or cor-
poration, or any mine superintendent, inspector, manager, engineer,
mine foreman, agent or employee, who is charged with the making
of maps or other data to be furnished as provided in sections eighteen
hundred and fifty and eighteen hundred and fifty-one, who does not
correctly show, within the limits of error, the data required, or who
knowingly makes any talse statement or return in connection there-
with, shall be deemed guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not less than fifty dollars nor more than two
hundred dollars, in the discretion of the court, or jury, trying the
case.

(b) The State mine inspector, or any district inspector, or any
operator, mine superintendent, general manager, mine foreman, or
other employee of any mining company, or any other person, who
shall violate any of the provisions of this chapter, shall be guilty of
a misdemeanor, and, upon conviction thereof, shall, unless a different
penalty is expressly provided in this chapter, be fined not less than
ten dollars nor more than five hundred dollars, or be imprisoned in
jail not less than ten days nor more than one year, in the discretion
of the court, or jury, trying the case, except as otherwise provided
in this chapter.

(c) In all prosecutions under this chapter, the circuit court,
criminal court, or intermediate court having criminal jurisdiction, and
trial justices, shall have concurrent jurisdiction, with the right of
appeal.

(d) It shall be the duty of the Commonwealth’s Attorney of the
appropriate county or city, upon the request of the State mine in-
spector, or any of his deputies, to prosecute any violation of any
law which it is the duty of the State mine inspector to have enforced.

Section 1887-p. Application of chapter to quarries; violations of
rules and regulations.—(a) All the provisions of this chapter intended
to safeguard life and property shall extend to the operation of quar-
ries, i. e., all open cut or underground excavations, whether it be for
coal or other minerals such as rock, sand, clay, etc., in so far as such
laws are applicable thereto. The Division of Mines shall make,
and enforce under such applicable mining laws, such rules, regulations,
or orders as may be deemed by it necessary to secure safe and sanitary
conditions in and around such quarries.

(b) Any owner, operator, superintendent, foreman, employee or
other person who violates, or refuses to comply with, any rule, regula-
tion or order given by the State mine inspector or any other mine
inspector of the Division of Mines, which is shown to be necessary
for the protection of life and property, shall, upon conviction thereof,
be fined not less than ten dollars nor more than two hundred dollars,
or be imprisoned in jail not less than ten days nor more than ninety
days, in the discretion of the court, or jury, trying the case.

Section 1887-q. State mine inspector authorized to make rules
and regulations.—The State mine inspector shall have the authority
to make rules and regulations, in writing, not inconsistent with the
provisions of this chapter, to take care of hazardous conditions, if
and when the need arises, not covered by the specific provisions of
this chapter.

Section 1887-r. First aid training.—It shall be the duty of each
operator of this State to provide necessary equipment, facilities and
places in order that all employees of such operator may receive
necessary and proper first aid training for the safety of themselves
and fellow workmen, as may be recommended by the State mine
inspector or by the United States Bureau of Mines. Upon com-
pletion of such course of training every employee shall be entitled to
a certificate evidencing proficiency in such training.

3. If any provision of this act, or the application thereof to any
person or circumstance, is held invalid, the remainder of this act and
the application of such provision to other persons or circumstances
shall not be affected thereby.

4, This act shall take effect on, and be in force and effect on and
after, July first, nineteen hundred and forty.