CHAPTER 594

An Act to revise, rearrange, amend and recodify the general laws of
Virginia relating to mines and mining; to that end to repeal Title 45
of the Code of Virginia, which title includes §§ 45-0.1 to 45-157,
both inclusive, of the Code of Virginia, as amended, which title re-
lates to mines and mining; to amend the Code of Virginia by adding
thereto in leu of the foregoing title and sections thereof repe
by this act, a new title numbered 45.1, which title includes new §§
45.1-1 to 45.1-161, both inclusive, relating to mines and mining.

fH 449)
Approved April 5, 1966

Be it enacted by the General Assembly of Virginia:
1. That Title 45 of the Code of Virginia, which title includes §§ 45-0.
to 45-157, both inclusive, of the Code of Virginia, as amended, is repealed.
numbered 45.1 containing new §§ 45.1-1 to 45.1-161, both inclusive, which
new title and sections are as follows:

§ 45.1-1. This title shall be known as the “Virginia Mine Safety
Law of 1966”. The purpose of this title is to provide reasonable laws to
promote the safety and health of those engaged in the mining of coal and
the quarrying of other minerals, and for the protection and preservation
of property.

§ 45.1-2. As used in this act, the following words and terms shall
have the following meanings, unless the context shall indicate another or
different meaning:

(1) “Commissioner” means the Commissioner of the Department
of Labor and Industry or such other public officer, employee, board, com-
mission, or other authority that may by law be assigned the duties and
authority of the Commissioner of the Department of Labor and Industry.

(2) “Chief” means the Chief of the Division of Mines of the De-
partment of Labor and Industry, or such other public officer, employee,
board, commission or other authority that may in emergencies be acting
in the stead, or by law be assigned the duties and authority of the Chief
of the Division of Mines of the Department of Labor and Industry.

(3) “Mine inspector” means a public employee assigned by the Chief
to make mine inspections as required by this act and other laws from
time to time in such cases made and provided.

(4) “Superintendent” means the person placed in over-all charge
of the operation of a coal mine or mines.

(5) “Operator” means the owner, part owner, operator, or lessee
to whom the superintendent reports and is accountable for the operation.
The operator may also be the superintendent.

(6) “Mine foreman” means a person holding a valid certificate of
qualification duly issued by action of the Board of Examiners, and also
including the person acting in the stead of a mine foreman appointed as
provided hereunder when a certified mine foreman is unavailable.

(7) “Supervisor” may be used to designate mine foreman, assistants,
section foreman, trafficmen, maintenance foreman, etc., and is restricted
herein to mean those persons employed by the operator or superintendent
to manage all or a part of the mine operations. :

(8) “Fire Boss” means a person holding a valid certificate of qualifi-
cation duly issued by action of the Board of Examiners, and also includ-
ing the person acting in the stead of a fire boss appointed as provided
hereunder when a certified fire boss is unavailable.

(9) “Approved competent person” is one who has had at least two
years of practical experience, has knowledge of mine roof, timbering and
ventilation, and who has demonstrated knowledge of mine gases and the
use of permissible flame safety lamps, such demonstration to be given and
made of record in a manner prescribed by the Chief. _ ;

(10) “Abandoned workings” means excavations, either caved or
sealed, that are deserted and in which further mining is not intended,
and open workings which are not ventilated and inspected regularly.

(11) “Active workings” means all places in a mine that are venti-
lated and inspected regularly. :

(12) “Approved” means a device, apparatus, equipment, condition,
method or practice approved in writing by the Chief. <

(18) “Armored cable” means a cable provided with a wrapping
of metal, plastic or other approved material. . 7

(14) “Blower fan” means a fan with tubing used to direct part of a
particular circuit of air to a working face. ; ;

(15) “Booster fan” means an underground fan installed in con-
ser with a main fan to increase the volume of air in one or more
circuits |
(16) “Cable” means a stranded conductor (single-conductor cable)
or a combination of conductors insulated from one another (multiple-
conductor cable).

(17) “Circuit” means a conducting part or a system of conducting
parts through which an electric current is intended to flow. |

(18) “Circuit breaker” means a device for interrupting a circuit
between separable contacts under normal or abnormal] conditions.

(19) “Main entry” means the principal entry or set of entries
driven through the coal bed from which cross entries, room entries, or
rooms are turned.

(20) ‘Room entry’ means any entry or set of entries from which
rooms are turned—a panel entry.

(21) “Cross entry” means any entry or set of entries, turned from
main entries, from which room entries are turned.

(22) “Fuse” means an overcurrent protective device with a circuit-
opening fusible member directly heated and destroyed by the passage of
over-current through it.

(23) “Gassy or gaseous mine” means a mine in which the per-
centage of explosive gas exceeds one-fourth of one per centum at the
return of any one split, or in which methane has been detected by a flame
safety lamp or one in which there is a record of methane having been

ignited.
(24) ‘“Non-gassy mine” means any mine which is not classified
gassy or gaseous.

(25) “Ground” means a conducting connection between an electric
circuit or equipment and earth or to some conducting body which serves
in place of earth.

(26) ‘‘Grounded” means connected to earth or to some connecting
body which serves in place of the earth.

(27) “High-potential’ shall conform to § 45.1-88 (e).

(28) “Interested persons” means members of the mine safety com-
mittee and other duly authorized representatives of the employees at the
mine; Federal and State coal-mine inspectors; and, to the extent required
by the State mining law any other person.

(29) “Mine” means any open pit or any underground workings
from which coal or other minerals are produced for sale, exchange, or
commercial use, and all shafts, slopes, drifts, or inclines leading thereto,
and includes all buildings and equipment, above or below the surface of
the ground, used in connection with such mine. Mines that are adjacent to
each other and under the same management and which are administered as
distinct units shall be considered as separate mines.

(30) “Intake air” means air that has not passed through the last
working place of the split or by the unsealed entrances to abandoned
workings and by analysis contains not less than nineteen and one-half
per centum oxygen nor more than one-half of one per centum of carbon
dioxide, nor any dangerous quantities of flammable gas nor any harmful
amounts of poisonous gas.

(31) “Return air” means air that has passed through the last ac-
tive working place on each split, or air that has passed through abandoned,
inaccessible or pillared workings. Area within a panel shall not be deemed
abandoned until such panel is abandoned.

(32) “Permissible” means a device, process, or equipment or method
heretofore or hereafter classified by such term by the United States Bu-
reau of Mines, when such classification is adopted by the Chief, and in-
cludes, unless otherwise herein expressly stated, all requirements, re-
strictions, exceptions, limitations, and conditions attached to such classifi-
cation by the said Bureau.

(33) “Shot firer” means a person employed or designated by the
foreman to charge, stem and fire shots.

(84) “Substation” means an electrical installation containing gen-
erating or power-conversion equipment and associated electric equipment
and parts, such as switchboards, switches, wiring, fuses, circuit breakers,
compensators and transformers.

(85) “Working face’ means those areas within a mine from which
coal is being extracted or is to be extracted.

§ 45.1-38. The Division of Mines, heretofore created and formerly
known as the Department of Mines, is continued. It shall be under and
subject to the control of the Department 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 or
quarries within the limits of the Commonwealth; and the protection of
mine property and other property used in connection therewith. The Di-
vision shall be in charge of an official to be known as the Chief of the
Division of Mines; hereinafter designated as Chief, who shall be appointed
by the Governor. He shall be under the direction of and shall report to the
Commissioner of Labor and Industry. Assistant mine inspectors shall be
appointed by the Commissioner of Labor and Industry, and each person so
appointed hereinafter shall be designated as Mine Inspector.

45.1-4. (a) The Chief and mine inspectors shall have a thorough
knowledge of the various systems of working and ventilating coal mines,
nature and properties of mine gases and methods for their detection and
control, the control of mine roof, methods of rescue and recovery work in
mine disasters, application of electricity and mechanical loading in mining
operations, equipment and explosives used in mining, methods for pre-
venting gas and dust explosions in mines, and mine haulage. Each must
have a first class mine foreman’s certificate of competency from the Board
of Examiners of the Commonwealth of Virginia; and, be not less than
thirty years of age. They shall be of good moral character and tem-
perate habits, and shall have at least twelve years experience underground
at coal mines. As evidence of possession of the knowledge required by
this act, any person appointed as mine inspector shall possess a first class
mine foreman’s certificate and also shall be subject to the mine inspector's
examination, as prescribed by the Board and given by the Chief. The mine
inspectors may be removed from office for cause. The Chief shall keep a
record of all inspections made by him and the mine inspectors and a
comprehensive report shall be made to the Commissioner of Labor and
Industry. The Chief shall also 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 re-
port of the Department.

_, (b) Neither the Chief nor any other officer or employee of the Di-
vision of Mines shall, upon taking office or being employed, or at any
other time during the term of his office or employment, have any
affiliation with any operating coal company, operator’s association, or
labor union. Retirement at age sixty-five shall be compulsory. No mine
inspector while in office shall be directly or indirectly interested as owner,
lessor, operator, stockholder, superintendent or engineer of any coal mine.

_§ 45.1-5. (a) The following schedule of mine inspections shall be
maintained: All mines shall have one complete inspection at least every
ninety days. However, special, partial or complete inspections shall be
made when deemed necessary by the Chief, or if requested in writing by
ten men engaged in any one mine, or the owner, operator or superintend-
ent of such mine, and shal] make a personal examination of the interior
to the workmen. During an inspection, the inspector shall inspect the
surface plant, every working place in the mine, all active haulageways
and travelways, entrances to abandoned workings, and accessible old
workings, at least one entry of each intake and return airway in its
entirety, escapeways and other places where men work or travel or where
dangerous conditions may exist, electric installations and equipment, haul-
age facilities, first-aid equipment, ventilation facilities, communication in-
stallations, roof and rib conditions, and roof-support practices, blasting
practices, haulage practices and equipment, and any other condition,
practice or equipment pertaining to the health and safety of the em-
ployees. The quantity of air passing through the last crosscut between
the intake and return in any set of entries shall be not less than six
thousand cubic feet of air per minute, and as much more as is necessary
to direct and render harmless and carry away flammable and harmful
gasses. Provided, however, that the quantity of air reaching the last cross-
cut in pillar sections may be less than six thousand cubic feet of air per
minute, if six thousand cubic feet of air per minute is being delivered to
the intake of the pillar line. He shall make tests for gas and oxygen de-
ficiency in each place which he is required to inspect in the mine. In mines
operating more than one shift in a twenty-four hour period, the inspector
shall devote sufficient time on the second and third shifts to determine
conditions and practices related to the health and safety of the employees.

(b) The certificate of inspection shall show the date of inspection,
the condition in which the mine is found, the extent to which the mining
laws are being violated, the progress made in the improvement of the
mine as such progress relates to the health and safety of the employees,
the number of accidents and injuries occurring in and about the mine
since the last previous inspection, and all other facts and information of
public interest concerning the condition of the mine as may be useful
and proper. Where any violations of the mining law exists, the report
shall show the specific section or sections violated and recommendations
made or action taken to eliminate such violations.

(c) The mine inspector shall deliver one copy of the certificate of
inspection to the owner, superintendent, or mine foreman and one copy
shall be posted at a prominent place on the premises where it can be
read conveniently by the employees.

(d) The mine inspector shall report immediately, and by the quick-
est available means, any mine fire, mine explosion, and any accident re-
sulting in loss of life, to his superior.

(e) The mine inspector shall proceed immediately to the scene of
any accident at any mine under his jurisdiction that results in loss of life
or serious personal injury, and to the scene of any mine fire or explosion
regardless of whether there is loss of life or personal injury. He shall make
such investigation and suggestions and render such assistance as he deems
necessary for the future safety of the employees, and make a complete
report to the Chief as soon as practicable. He shall have the power to
compel the attendance of witnesses, and to administer oaths or affirma-
tions; and the cost of such investigation shall be paid by the county in
which such accident occurred.

(f) The mine inspector shall take charge of mine rescue and recov-
ery operations whenever a mine fire, mine explosion, or other serious
accident occurs, and shall supervise the reopening of all mines or sections
thereof that have been sealed or abandoned on account of fire or any other
cause.

(g) The Chief or mine inspector shall, and is hereby authorized to,
order any mine or section thereof cleared of all persons where, in his
opinion, there is imminent or serious danger to the life, or health of the
employees therein and refuse further entry to all persons, except those
necessary to correct or eliminate such dangerous condition. Whenever
such a mine or section thereof is ordered cleared of persons by the Chief,
or mine inspector, he shall immediately thereafter notify the owner, agent,
superintendent, or mine foreman of the mine, in writing, setting forth
the reasons therefor and shall forward promptly a copy thereof to his
superior. Whenever the operator of such mine has complied with the re-

uirements of the mine inspector, the operator shall call the Chief who

] assign an inspector to reinspect the mine.

§ 45.1-6. (a) If an explosion or mine fire occurs in a mine, the
operator shall notify the Chief by the quickest available means. All facili-
ties of the mine shall be made available for rescue and recovery operations.

(b) No work other than rescue and recovery work may be at-
tempted or started until and unless it is authorized by the Chief or his desig-
nated representatives.

(c) If an explosion occurs in a mine, the fan shall not be reversed
except by authority of the officials in charge of rescue and recovery work,
and then only after a study of the effect of reversing the fan on survivors
who are still underground.

(d) The Chief shall make available all the facilities at his disposal
in effecting rescue and recovery work; and shall act as consultant, or take
personal charge, where in his opinion the circumstances warrant.

(e) The orders of the official in charge of rescue and recovery work
shall be respected and obeyed by all persons engaged in rescue and re-
covery work.

(f) The Chief shall maintain an up-to-date rescue and recovery
plan for prompt and adequate employment at any mine in the State.
All employees of the Division shall be kept fully informed and trained in
their respective duties in executing rescue and recovery plans. The Di-
vision’s plans shall be published annually and furnished to all operators
of mines. Changes in the plan shall be published promptly when made and
furnished to all operators of mines.

§ 45.1-7. (a) The Board of Examiners in the Division of Mines
is continued. The Board shall consist of the Chief and two members
to be appointed by the Governor. All vacancies occurring on the Board
among appointive members shall be filled by the Governor for the unexpired
term. One of the appointive members of such Board shall be a miner hold-
ing a mine foreman’s certificate, first class, who has had at least five
years’ practical experience in mining, and who is actually employed in
mining coal in a non-supervisory capacity at the time of appointment;
and one appointive member shall be an operator, who is, at the time of
appointment, actually engaged in the operation of a coal mine in this
State, and holding a mine foreman’s certificate, first class.

(b) The terms of the present appointed members shall continue un-
til their term of office expires. Thereafter as the terms of office, re-
spectively, of the members expire, the Governor shall appoint, to fill the
vacancies so occasioned, qualified persons whose terms shall be for four
years from the day on which that of their immediate predecessors expired.

(c) Each appointment on such Board may be made from a list of at
least five names from each group submitted to the Governor or to the
Governor-elect by the Commissioner of Labor and Industry, except that
each miners’ organization in the State, if they so desire shall have the right
to nominate one member of their organization for membership on the
Board, to be considered by the Governor for the miner member on the
Board. Nominations are to be made to the Governor by June first of the
year in which vacancies occur by expiration of term of appointment. In
no case shall the Governor be bound to make any appointment from the
nominations submitted.

§ 45.1-8. <A fee of five dollars, money order or certified check, shall
be paid to the Cheif by each person examined, before the examination is
begun. All such fees collected, including moneys collected pursuant to
§ 45.1-13 of the Code, shall be promptly paid by the Chief into the State
treasury and shall constitute an Examiners’ fund under the control of the
Chief for the payment of the compensation and expenses of the members
of the Board of Examiners and the expenses of the Board, as hereinafter
provided, for which purposes such moneys are hereby appropriated.

§ 45.1-9. The cost of printing certificates and other necessary forms
and the incidental expenses incurred by the Board in conducting ex-
aminations and reviewing examination papers shall also be paid out of
the Examiners’ fund. The Chief shall keep accounts and records concern-
ing the receipts and expenditures of the fund as required by the Auditor
of Public Accounts.

§ 45.1-10. The Board shall meet at least once a year and shall be
called by the Chief to meet at such other times as he deems necessary.
The Board shall meet at such place or places and at such times as may be
designated by the Chief, 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 Chief who shall serve without extra
pay, his necessary expenses incurred in the service of the Board and a
per diem not to exceed twenty dollars for each day or part thereof the
Board is in session.

§ 45.1-11. The Chief shall preserve in his office a record of the
meetings and transactions of the Board and of all certificates issued.

§ 45.1-12. The examinations herein provided for shall be conducted
under such rules, conditions and regulations as the Board shall deem
most efficient for carrying into effect the spirit and intent of this Title.
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 examina-
tion, and shall be of uniform application to all candidates. It shall be the
duty of the said Board to examine any qualified person applying thereto for
a certificate for mine foreman, assistant foreman or section foreman and
fire boss, or to issue certificates of competency to the applicants who, upon
examination, show themselves competent and qualified. No person tak-
ing the examination shall be issued a certificate of competency whose
grade on any one subject is less than seventy-five per centum. The Board
shall observe the following requirements in conducting the examination:

(a) Each applicant for a mine foreman, assistant or section fore-
man certificate shall prove to the Board or Chief subject to approval of
the Board by written and oral examination and by demonstration where
practicable, that he has a thorough knowledge of the theory and practice
of coal mining; nature and properties of noxious, poisonous, and ex-
plosive gases, and methods for their detection and control; requirements
of the coal-mining laws of this State; and responsibilities and duties of a
mine foreman under State law; and that he is otherwise qualified by law.

(b) Each applicant for a fire boss certificate shall prove to the Board,
or Chief subject to approval of the Board, by written and oral examina-
tion and by demonstration where practicable, that he has a thorough
knowledge of the nature and properties of noxious, poisonous, and ex-
plosive gases and methods for their detection and control; practical as-
pects of coal mining pertaining especially to ventilation and roof control;
responsibilities of a fire boss under the coal-mining laws of this State;
and that he is otherwise qualified by law.

§ 45.1-13. Any certificate granted before and subsequent to the
effective date of this act may be revoked by the Board after hearing,
upon due notice to the holder of the certificate, and upon written charges
preferred by the Chief, or his designated agent, or ten persons, or in
mines employing less than ten employees, a majority of the employees at
the mine in which he is employed. Complaint may be filed against the
holder of a certificate for intoxication while in duty status, mental] disabili-
ties, neglect of duty, violation of the coal mining laws of this State, or
other sufficient cause. The holder of a certificate so revoked shall be en-
titled to examination by the Board after three months have elapsed
from the date of revocation thereof; provided he can prove to the satis-
faction of the Board that the cause for revocation of his certificate has
ceased to exist. The holder of a mine foreman, assistant or section fore-
man, or fire boss certificate issued before or after the effective date of
this act shall present same or photostatic copy thereof to the official of
the mine where he is employed, who shall file said certificate or photo-
static copy thereof in the office at said mine, and such file shall be made
available for inspection by interested persons. In case of the loss or destruc-
tion of any certificate, the Chief may supply a copy thereof to the person
losing the same, upon the payment of one dollar to the Chief; provided,
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 certifi-

cate.

§ 45.1-14. The Board shall be entitled to grant certificates of com-
petency as follows:

(a) First-class certificate, authorizing the holder to act as foreman
for all classes of coal mines.

(b) Second-class certificate, authorizing the holder to act as fore-
man for any nongaseous coal] mine. ;

(c) Second-class truck certificate, authorizing the holder to act as
foreman in any nongaseous truck mine.

_ (da). Fire boss certificate, authorizing the holder to act as fire boss
in any mine.

Any person holding a First-Class Mine Foreman Certificate issued
by any other state may act in the capacity of superintendent, mine fore-
man, assistant foreman or section foreman, or fire boss in any mine in
ae a without examination until the next meeting of the Examiners’

oard.

§ 45.1-15. Applicants for a first-class mine foreman certificate shall
be not less than twenty-three years of age, have had at least five years
of practical experience in a coal mine (at least three years shall have been
spent underground), shall be a citizen of the United States, of good
moral character and temperate habits, and shall present an affidavit as
to these requirements from ten citizens acceptable to the Board; provided,
however, that a graduate of an approved four-year college course in
mining engineering shall be given credit for three of the five years of
practical experience required. If the applicant meets the above require-
ments and makes eighty-five per centum or more on each of the subjects
of the written examination, passes the map and the required gas examina-
tion, he shall be entitled to a first-class mine foreman certificate.

8 45.1-16. In every commercial coal mine where three or more per-
sons work during any part of any period of twenty-four hours, the op-
erator 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
the first paragraph, above, shall hold a certificate of competency for such
position, issued to him by the Board. 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
hold a certificate of competency for such position issued to him by the

ard.

§ 45.1-17. (a) The mine foreman shall see that the requirements
of the mining laws of this State that pertain to his duties and to the
health and safety of the employees are fully complied with at all times.
Where it is necessary that the mine foreman be temporarily absent from
the mine, he shall place the mine in charge of a properly certified assistant,
or have permission from the Chief to use a competent person.

(b) It shall be the duty of the mine foreman, assistant mine fore-
man and section 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 in all dangers incident to his work in such mine. It
shall further be the duty of such mine foreman to see that every person
employed in such mine shall be furnished with copies of this act and the
printed rules pertaining to such mines.

(c) Every inexperienced person shall be required to work with
or under the direction of an experienced person for a period of at least
one year following his employment.

The mine foreman shall give prompt attention 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 re-
move the danger at once, he shall notify every person whose safety is men-
aced thereby to remain away from the portion where the dangerous con-
dition 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 safety hazards are found, with ink or indelible pencil, in the book
provided for that purpose. Any dangerous condition that cannot be re-
moved within a reasonable time must be reported to the Chief by the
quickest available means.

§ 45.1-18. Applicants for fire boss certificate shall be not less than
twenty-five years of age, have had at least five years of practical experi-
ence underground at coal mines, shall be a citizen of the United States,
of good moral character and known temperate habits, and shall present
an affidavit as to these requirements from ten reputable citizens ac-
ceptable to the Board.

§ 45.1-19. (a) Operators of mines classed as gaseous or gassy
shall employ one or more certified fire bosses or other certified persons
to make examinations prior to the beginning of a coal-producing shift.
The duties of the fire boss or other certified persons are to examine for
dangerous conditions, all manways, slopes, entries used by men in travel-
ing to and from work, and to examine for gas and other dangerous condi-
tions all working places, adjoining abandoned places, and accessible pillar
falls for accumulations of gas.

(b) Each such fire boss or other certified person 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; at least five years’ experience in mines;
and hold a fire boss certificate issued by the Board of Mine Examiners.

§ 45.1-20. (a) It shall be the duty of such fire boss, or bosses,
where employed in any gaseous mine, or mines, to prepare a danger sig-
nal, with suitable color, at each mine entrance, and no person except
the mine owner or operator, or his agent, in cases 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.

(b) In the performance of the duties on the part of the fire boss,
or bosses, they shall have no superior officer, but all employees working
(c) No person shall enter the mine or mines for any purpose at
the beginning of work upon any shift therein, until such signal or warn-
ing has been given by the fire boss or bosses as to the safety thereof,
as provided by statute, except under the direction of the fire boss or bosses,
and then for the purpose of assisting in making the mine safe; provided,
however, that men regularly employed on a shift during which the mine
is being preshift examined by a fire boss or certified person, shall be per-
mitted to leave or enter the mine in the performance of their duties.

(d) The fire boss will ascertain that the air is traveling in its proper
course and that all ventilation appliances are in good condition and work-
ing effectively. The fire boss will indicate his examination of working
and abandoned places, pillar falls and ventilating appliances by marking
his initial and the date conspicuously in or at such places.

(e) Whenever gas is detected, or danger exists to men entering any
place in the mine, the fire boss shall leave at each entrance to that place
a conspicuous DANGER sign.

(f) Examination of the first working place in mines classed as
gaseous or gassy shall take place not more than four hours, prior to the
beginning of a coal-producing shift, before the men are permitted to enter
the mine or to pass a designated station underground. In such mines, a
light or other signal shall be provided at the mine entrance. When the
fire boss or fire bosses report the mine clear, which they may do by tele-
phone or other means, the signal shall be changed to clear by the mine
foreman or by his designated subordinate. The Chief shall have authority
in certain mines in his discretion to authorize man trips to proceed to a
designated station underground, which they may not pass until the fire
boss or fire bosses report the remainder of the mine clear.

(gz) In multiple shift operations, certified supervisors may be used
to make the fire boss examination for the next or succeeding shift.

(h) The fire boss shall record the results of his inspection in ink or
indelible pencil in a book kept on the surface for that purpose. Similar
records may be kept at designated stations or offices underground. This
book shall be countersigned daily by the mine foreman.

(i) Idle or abandoned parts of any mine classed as gaseous or gassy
shall be examined by a certified person immediately before other em-
ployees are permitted to enter or work in such areas.

(j) Examination for gas and other dangerous conditions shall be
made by a certified official or approved competent person, in mines classed
as gaseous or gassy, before taking loading or cutting machines in by the
open break-through nearest the face or before applying power to ma-
chinery that remains at or near the face at not more than thirty minute
intervals during cutting, drilling, or mechanical loading; before drilling
with electric drills, before blasting, after blasting, before other work is
resumed and at such other times as may be necessary or designated by
the operator or mine inspector for adequate safety.

(k) In mines classed as gaseous or gassy, all persons underground
shall use only permissible electric cap lamps that are worn on the person
for portable illumination. This does not preclude the use of other type of
permissible electric lamps, permissible flashlights, permissible safety
lamps, or any other portable illumination classed as permissible.

§ 45.1-21. (a) The operator, or his agent, of every mine shall
furnish the Chief and mine inspectors proper facilities for entering such
mine and making examinations or obtaining information and shall furnish
any data or information not of a confidential nature requested by such
inspector. The operator or his agent shall, when ordered to do so by the
Chief or mine inspectors, promptly clear the mine or section thereof of
all persons. ) ,

(b) The owner or operator of any mine or part thereof, so cleared
of persons 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 in question, 1s in
a reasonably safe condition, the prayer of said petition shall be granted.
At least three days’ notice of such hearing shall be given to the mine
inspector appointed for, and acting in, that district, and to the Chief. In
all such hearings the Attorney General, or the local Commonwealth's
Attorney, upon request of the Chief or his deputy, shall appear in behalf
of the State. In the event of such appeal, the mine or section thereof
affected shall remain idle until a full hearing has been held and a decision
has been rendered.

(c) Each operator will report promptly to the Chief the occur-
rence at any mine of any accident involving serious personal injury or
death to any person or persons, whether employed or not. The scene of
the accident will not be disturbed pending an investigation, except to pre-
vent suspension of use of a slope, entry or facility vital to the operation
of a section or a mine. In cases where reasonable doubt exists as to
whether to leave the scene unchanged, the operator will secure prior ap-
proval from the Chief before any changes are made. The Chief will go
personally or dispatch one or more mine inspectors to the scene of the
accident or accidents, investigate causes, and issue such orders as may be
needed to insure safety of other persons. Representatives of the operator
will render such assistance as may be needed and act in a consulting
capacity in the investigation. An employee designated by the employees
of the mine will be notified, and as many as three employees designated
as representatives of the employees may be present at the investigation
in a consulting capacity. The Division will render a complete report of
circumstances and causes of each accident investigated, and make recom-
mendations for the prevention of similar accidents. The Division will
furnish one copy of the report to the operator, and one copy to the em-
ployee representative when he has been present at the investiga-
tion. The Chief will maintain a complete file of all accident reports,
and may give such further publicity as may be ordered by the Commis-
sioner in an effort to prevent mine accidents. Each employee shall
promptly notify his supervisor of any injury received during the course
of his employment.

(d) The owner or operator of any mine shall employ only persons
certified as required by the coal-mining laws of this State as mine fore-
man, assistant foreman, section foreman or fire boss.

(e) The owner or operator of any mine shall operate his mines in
full conformity with the coal-mining laws of this State at all times.

(f) 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 designated 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 run-
ner in the discharge of his duties.

(g) It shall be the duty of every operator or his agent to keep on
hand at or within convenient distance, of each mine, at all times a suffi-
cient quantity of all materials and supplies required to preserve the safety
of the employees, as ordered by the mine foreman and required by this
title. If for any reason, the superintendent cannot procure the necessary
materials or supplies as aforesaid, he shall at once notify the mine fore-
man, whose duty it shall be to withdraw the men from the mine, or the
portion thereof affected until such material or supplies are received.

(h) The operator and superintendent shall cooperate with the mine
foreman and other officials in the discharge of their duties as required
by this title, and shall direct that the mine foreman and all other em-
ployees under his employment, comply with the Jaw in all its provisions,
especially when his attention is called, by the Chief or his deputies, to
any violation of the laws.

(i) The operator or superintendent of every mine shall, at least
ten days preceding, send to the Chief notices of the following occur-
rences: (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 dis-
continuance for a period exceeding thirty days (said mine shall be in-
spected and meet the approval of the Chief before operations begin) ;
(3) When any change occurs in the name of a mine or in the name of the
operation of a mine; (4) The opening of a new mine.

The name of mine, location of mine, name of operator and post affice
address must be given in all written notices.

(j) No person shall be placed in charge of a cutting, loading,
drilling, continuous miner or timbering machine in any mine who is
not a competent person capable of determining the safety of the roof
and ribs of the working places; provided, however, that if such person be
employed in gassy mines he shall also be capable of detecting the presence
of explosive gas and shall be compelled to undergo examination by the
mine inspector to determine his fitness to detect explosive gas before being
permitted to have charge of machines in such mines, unless the required
test has been made by a certified boss or by other persons having passed
such examination.

(k) The operator, or his agent, of every coal mine and quarry shall
annually, by the fifteenth day 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 or minerals 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 Di-
vision of Mines. Whenever any person, company, or corporation operat-
ing a mine or quarry shall transfer the ownership of such mine to
another person, company or corporation, the person, company or corpora-
tion transferring such ownership shall submit a report to the Division
of Mines of such change and a statement of the tons of coal or minerals
produced since the first of January previous to the date of such sale or
transfer of such mine or mines. A license will not be issued covering
such transfer of ownership until the report is furnished.

§ 45.1-22. No person shall engage in the operation of any com-
mercial mine as defined in § 45.1-2 within this State after the effective
date of this act without first obtaining a license so to do from the Division
of Mines which license shall be valid for a period of one year and shall
not be transferable. Such license shall be obtained within forty-five days
of January one, and shall be renewed each year thereafter during such
period. Any person who desires to commence operation of any commercial
mine after such forty-five day period has expired shall procure such li-
cense for the remainder of the year before operations are commenced.
A separate license shall be secured for each commercial mine operated
and shall be in such form as the Chief may prescribe. Such license sha)]
Licenses issued by the Division of Mines and outstanding as of the effective
date of this act shall remain effective during the period specified therein.
Thereafter, such licenses shall be renewed as hereinabove provided.

§ 45.1-28. Each request for a license shall be submitted to the Di-
vision of Mines, accompanied by a postal money order, cashiers check, or
certified check drawn in favor of the State Treasurer in the amount of five
dollars. All funds derived by this section shall be earmarked for the use of
the Division of Mines. Expenditures from this fund may be made for
safety equipment, safety education or for any expenditure to further the
safety program in the mining and quarrying industry. All expendi-
tures from this fund must be approved by the Commissioner of the De-
partment of Labor and Industry and the Chief.

§ 45.1-24. Upon the proper submission of the annual report of the
operator in accordance with § 45.1-21 (k) and of the commercial mine
map in accordance with § 45.1-27 to the Division of Mines, the license
shall be issued. The Chief may issue the license without the submission
of such mine map if in his opinion an extension of time for submitting
such map should be granted.

§ 45.1-25. Any person operating a commercial mine within this
State without first obtaining a license as provided herein shall be guilty
of a misdemeanor and, upon conviction thereof, shall be fined not less
than twenty-five dollars nor more than two hundred dollars, in the
discretion of the court or jury trying the case. Each day any person
operates any commercial mine without first obtaining such license shall
constitute a separate offense.

§ 45.1-26. (a) No miner, workman, or other person shall know-
ingly damage any shaft, lamp, instrument, air course, or brattice or ob-
struct airways, or carry therein any intoxicating liquors, or disturb any
part of the machinery or appliances, or open a door used for directing
ventilation and fail to close it again, or enter any part of a mine against
caution, or disobey any order given in carrying out any of the provisions
of this act.

(b) The employees at any mine shall comply fully with the provis-
ions of the mining laws of this State that pertain to their duties.

§ 45.1-27. The operator of every mine, or his agent, shall make, or
cause to be made, unless already made and filed, an accurate map or plan
of such mine, on a scale to be stated thereon of one hundred to four
hundred feet to the inch. Such map, or plan, shall show the openings or
excavations, the shafts, slopes, entries and airways, with darts or ar-
rows 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 Chief, and the said map 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 with-
out the consent of the operator or his agent. The original map, or a true
copy thereof, shall be kept by such operator at 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, between
the first day of December and the first day of February, and between the
first day of June and the first day of August of each year, while the mine
is in operation, cause such mine to be surveyed and the map thereof ex-
tended 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
CH. 594) ACTS OF ASSEMBLY 881

hereinbefore stated. The Mine Index Number assigned to the mine by the
Division of Mines must be shown on the map at or near the portal.

§ 45.1-28. If the operator, or his agent, of any mine shall neglect
or fail to furnish to the Chief a copy of any map or extension thereof,
as provided in the preceding section, the Chief 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. If at any time the Chief has reason to believe that such map, or
plan, or extensions thereof, furnished in pursuance of § 45.1-27 is sub-
stantially incorrect, or such as will not serve the purpose for which it is
intended, he may have a survey and map or plan or extension thereof
made, or corrected, and the expense of making such survey and map or
plan or extension thereof, under the direction of said Chief, shall be paid
by the operator, and the same may be collected as other debts are re-
coverable by law. However, if the map filed by the operator is found to be
substantially correct, the expense thereof shall be paid by the State.

§ 45.1-29. (a) The Chief mine inspector shall be the inspector
of weights and measures for the purpose of inspection, testing and ascer-
taining whether the scales or measures, which are kept at coal mines for
the purpose of weighing or measuring coal produced therefrom, are cor-
rect, and for such purpose shall have the authority vested in and be
charged with the duties imposed upon inspectors of weights and measures
by general law.

(b) Where the employee is paid by weight, the operator shall em-
ploy a weighman, who shall correctly weigh all coal, 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, provided
a majority of the miners or loaders 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.

(c) When the checkweighman is employed by the miners working
at any mine, the miners shall mutually agree as to the basic rate of pay
per hour, per day, or per ton, of checkweighman, and the method of
collection and payment. Should the majority of the miners voting at
any mine fail to employ a checkweighman, then the person employed by
the operator, corporation, company or person as weighman, shall alone
perform the duty. Before the weighman or checkweighman enter upon
the discharge of the duties of their employment, they shall take and sub-
scribe an oath or affirmation to abstain from the use of intoxicating
liquors during the hours of work, to honestly and impartially do and per-
form the duties of their employment, and to do equal and exact justice
between employers and employees concerned in the matter of their em-
ployment to the best of their judgment, skill and ability.

_(d) When the weighman is mutually selected by the consent of a
majority of the miners working in any mine and the operator or his
agent, it shall not be considered necessary to employ a checkweighman,

ut at any time that either of the parties to the agreement becomes dis-
Satisfied with the weighman, then by joint action they may dismiss him
on ten days’ notice, or the miners may employ a checkweighman.

§ 45.1-30. Any operator, his agent, superintendent or mine fore
man, having charge of any mine, who shall knowingly permit any person
to work in any part of a mine in violation of written instructions
issued by the mine inspector, made in compliance with the requirements
of this title, shall be guilty of a misdemeanor, and upon conviction theheof
shall be punished as hereinafter provided.

§ 45.1-31. The operator of every coal mine shall have the right to
adopt special safety 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 conflict with the provisions of this title.
Such rules, when established, shall be printed 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, or in lieu thereof each mine operator
shall furnish a printed copy of such rules to each of his employees. Such
rules shall not be posted until they are submitted to and approved by the
Division of Mines.

§ 45.1-32. (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 operator, 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 pro-
visions 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.

45.1-33. (a) All the provisions of this title regarding safety to
life and property shall extend to the operations of quarries, including
but not limited to all open cut or underground excavations, whether it be
for coal or other minerals such as rock, sand, clay, etc., insofar as such
laws are applicable thereto. The Division of Mines shall make, and enforce
under applicable mining laws, such rules, regulations or orders as it may
deem 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, regulation,
or order given by the Chief or any other mine inspector of the Division
of Mines, which is necessary for the protection of life and property, shall,
upon conviction thereof, be fined not less than twenty-five 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.

§ 45.1-34. (a) In surface structures at excessively dusty mines or
quarries, electric motors, switches, lighting fixtures, and controls shall be
protected by dust-tight construction.

Surface structures shall be kept free of coal-dust accumulations.

(c) Where repairs are being made to the plant, or where equipment
or material is being used or transported overhead, proper scaffolding or
proper overhead protection shall be provided.

d) Welding or cutting with arc or flame shall not be done in
excessively dusty atmospheres or dusty locations, and fire-fighting appa-
ratus shall be readily available.

45.1-35. (a) Naptha or other flammable liquids in lamp houses
shall be kept in safe containers and safe dispensers.

All lamps used for portable illumination, flame safety lamps and
methane detectors or indicators shall be of permissible type and main-
tained in permissible condition. Such lamps shall be properly cleaned,
assembled, and checked by a qualified lamp attendant or other competent
person before each period of use.
(c) It shall be unlawful for unauthorized persons to handle, use or
assemble flame safety lamps which are provided for underground use.
§ 45.1-86. (a) Stairways, platforms, and runways shall be provided
where men work or travel above ground.

Stairways, elevated platforms, floor openings and elevated run-
ways shall be equipped with suitable handrails or guardrails.

(c) Elevated platforms, floor openings, stairways and runways
shall be provided with toe boards. Platforms, stairways and runways
shall be kept clear of stumbling and slipping hazards and maintained in
good repair.

§ 45.1-37. Good housekeeping shall be practiced in and around
mine buildings and yards. Such practices include cleanliness, orderly
storage of materials, and the removal of possible sources of injury, such
as stumbling hazards, protruding nails, broken glass and possible falling
and rolling materials.

§ 45.1-38. (a) Lights shall be provided as needed in or on surface
structures.

(b) Roads, paths and walks outside of structures shall be kept free
from obstructions and shall be well illuminated, if used at night.

§ 45.1-39. (a) Oil, grease, and similar flammable materials shall
be kept in closed containers, separate from other materials so as not to
create a fire hazard to nearby buildings or mines. If oil or grease is stored
in a building, the building or room in which it is stored shall be of fire-
proof construction and well ventilated.

(b) Oily rags, oily waste and waste paper shall be kept in closed
metal containers until removed for disposal.

(c) Smoking shall be prohibited in or around oil houses, explosive
magazines, tipples and other places where such practice may cause a fire
or explosion.

(d) The area within one hundred feet of all mine openings shall be
kept free of combustible material; provided, however, that this shall not
apply to the temporary storage of not more than a one-days’ supply of
such materials.

§ 45.1-40. (a) Where necessary, adequate minimum standards for
systematic support suitable to the roof conditions and mining system
of each mine shall be prescribed by the Chief and complied with. Such
standards shall show the minimum number and the location of supports,
such as posts, crossbars or bolts that shall be installed. Irrespective of
natural conditions, the plan shall provide for some temporary support at
all working faces unless self-supporting.

(b) Such standards shall be posted conspicuously near the main
entrance to the mine.

(c) Supports additional to those required by the minimum standards
shall be installed as needed to afford adequate protection.

(d) Roof bolts shall not be used in lieu of conventional timbering
unless a permit has been issued by the Division of Mines. Roof bolts
shall not be removed where complete extractions of pillars are attempted,
nor shall bolts be removed adjacent to clay veins, nor at the locations
of other irregularities that induce abnormal hazards. Where roof bolt
recovery is practical, it shall be done only by reasonable methods approved
by the Chief. Recovery of roof supports shall not be done except by
experienced persons and only where adequate temporary support is pro-
vided.

(e) The method of mining followed shall not expose the workmen
to unusual dangers caused by execessive widths of rooms and entries,
faulty pillar-recovery methods, or other dangerous mining methods.

§ 45.1-41. (a) The operator shall provide at or near the working
faces an ample supply of suitable materials of proper size with which to
secure all working places in a safe manner.

(b) Safety posts, jacks or temporary crossbars shall be set close to
the face before other operations are begun and as needed thereafter, if
men go in by the last permanent roof support.

(c) Safety posts or jacks shall be used to protect the workmen when
roof material is being taken down, crossbars are being installed, roof bolt
holes are being drilled, and when roof bolts are being installed.

(d) All underground working places, travelways and haulageways
shall be secured sufficiently to protect employees from falls of roof, face
or rib. Loose roof and overhanging or loose faces and ribs shall be taken
down or supported.

(e) Supports knocked out accidentally shall be replaced promptly.
Supports in active workings shall not be removed deliberately unless equi-
valent protection is provided.

(f) No person shall advance under unsupported roof at working
except those who are assigned to install supports or to inspect the
place.

(g) If roof, face or rib conditions are found to be unsafe, they shall
be corrected by taking down loose material or securely supporting the
same before other work is started.

§ 45.1-42. (a) The operator shall instruct all workmen in the
proper testing of roof, face and ribs.

Persons exposed to danger from falls of roof, face and ribs
shall examine and test the roof, face and ribs before starting work or
before starting a machine and as frequently thereafter as may be neces-
sary to insure safety. When dangerous conditions are found, they shall
be corrected immediately by taking down the loose material or by proper
timbering before work is continued or any other work is done, or the
place shall be vacated.

(c) At least once each shift, or oftener if necessary, and during
each visit, a certified official shall examine and test the roof, face and
ribs of each active working place while the men are working therein.
Any place in which a dangerous condition is found by the foreman shall
be made safe in his presence or under the direction of a competent person,
or the workmen shall be withdrawn.

(d) At least once each day the mine is in operation, or oftener if
necessary, a certified official shall examine the roof and ribs of each
passageway where men work or travel and the supports therein, and a
record of such examination shall be made in an official record book of the
mine which shall be open for inspection by interested persons. Any
dangerous condition found shall be corrected promptly or traffic there-
under shall be discontinued until the danger has been removed.

(e) When there is danger of coal rolling on a person during or
after cutting, it shall be spragged by placing blocks in the cut or by block-
ing with leaning posts.

( A bar of proper length shall be used to pull down loose material.

(g) Installed roof bolts shall be tested by qualified persons designated
by the mine foreman.

§ 45.1-48. Recovery of permanent timbers shall be done only by
experienced men using mechanical means, and persons so engaged shall
not be permitted to work alone.

§ 45.1-44. (a) Separate surface magazines shall be provided for
the storage of explosives, detonators, and Cardox heater elements.

(b) Surface magazines for storing and distributing explosives in
amounts exceeding one hundred fifty pounds shall be:

(1) Reasonably bullet proof and constructed of incombustible ma-
terial or covered with fire resistive material. The roofs of magazines so
located that it is impossible to fire bullets directly through the roof from
construction, or by a ceiling that forms a tray containing not less than a
four-inch thickness of sand, or by other methods.

(2) Provided with doors constructed of three-eighth inch steel plate
lined with a two-inch thickness of wood, or the equivalent.

(3) Provided with dry floors made of wood or other non-sparking
material] and have no metal exposed inside the magazine.

(4) Provided with suitable warning signs so located that a bullet
passing directly through the face of a sign will not strike the magazine.

(5) Provided with properly screened ventilators.

(6) Equipped with no openings except for entrance and ventilation.

(7) Kept locked securely when unattended.

(c) Surface magazines for storing detonators and Cardox heater
elements need not be bullet proof, but they shall be in accordance with
other provisions for storing explosives.

Explosives or Cardox heater elements in amounts of one hun-
dred fifty pounds or less or five thousand detonators or less shall be
stored in accordance with preceding standards or in separate locked
box-type magazines. Box-type magazines may also be used as distribu-
ting magazines when quantities do not exceed those mentioned. Box-type
magazines shall be constructed strongly of two-inch hardwood or the
equivalent. Metal magazines shall be lined with nonsparking material.
No magazine shall be placed in a building containing oil, grease, gasoline,
waste paper or other highly flammable material; nor shall a magazine be
placed within twenty feet of a stove, furnace, open fire or flame.

(e) ‘The location of magazines shall be not less than three hundred
feet from any mine opening, occupied building or public road. However, if
sufficiently barricaded and approved by the Chief, such magazine may be
located less than three hundred feet from any mine opening, occupied
building or public road.

The supply kept in distribution magazines shall be limited to
approximately a forty-eight hour supply, and such supplies of explosives
and detonators may be distributed from the same magazine, if separated
by at least a four-inch substantially fastened hardwood partition or the
equivalent.

(g) The area surrounding magazines for not less than twenty-five
feet in all directions shall be kept free of rubbish, dry grass or other
materials of a combustible nature.

(h) If the explosives magazine is illuminated electrically, the lamps
shall be of vapor-proof type, installed and wired so as to present minimum
fire and contact hazards.

_ (i) Only nonmetallic tools shall be used for opening wooden con-
tainers. Extraneous materials shall not be stored in an explosives, det-
onator or Cardox heater element magazine.

_,j) Smoking, carrying smokers’ articles or open flame shall be pro-
hibited in or near any magazine.

§ 45.1-45. (a) A Cardox charging station shall:

(1) Bein a fireproof structure on the surface or isolated from other
operations in the same building by a substantial fireproof partition.

(2) Be provided with at least two methods of relieving excess pres-
sure in the storage tank, at least one of which shall be automatic. If
one of these methods is a valve, the valve shall be tested monthly.

») The daily supply of heater elements shall be kept in a box-type
magazine.

§ 45.1-46. (a) Explosives or detonators carried anywhere under-
ground by any person shall be in individual containers. Such containers
shall be constructed substantially of nonconductive material maintained in
good condition and kept closed. ;
(b) When explosives or detonators are transported underground in
cars moved by means of a locomotive or rope, or in shuttle cars, they
shall be in substantially covered cars or in special substantially covered
containers used specifically for transporting detonators or explosives.
(1) The bodies and covers of such cars and containers shall be con-
structed or lined with nonconductive material. ;
(2) If explosives and detonators are hauled in the same explosive
car or in the same special container, they shall be separated by at least
a four-inch substantially fastened hardwood partition or the equivalent.
(3) Explosives, detonators, Cardox shells or other blasting devices
shall not be transported on the same trip with men.

(4) When explosives or detonators are transported in special cars
or containers in cars, they shall be hauled in special trips not connected
to any other trip; provided, however, that this shall not prohibit the use
of such additional cars as needed to lower a rope trip, or to haul supplies
including timbers; and provided further that materials so transported shall
not project above the top of the car. In no case shall flammable materials
such as hay, oil or grease be hauled on the same trip with explosives.

(5) Explosives or detonators shall not be hauled into or out of a
mine within five minutes preceding or following a man-trip or any other
trip. If traveling against the air current, the man-trip shall precede
the explosives trips; if traveling with the air current, the man-trip shall
follow the explosives trip.

(c) In low coal seams, where it is impractical to comply with sub-
paragraph (b) explosives may be transported in the original and un-
opened case, or in suitable individual containers to the underground dis-
tribution magazine.

(d) Explosives and detonators shall be transported underground by
belt only under the following conditions:

(1) In the original and unopened case, in special closed cases con-
structed of nonconductive material, or in suitable individual containers.

(2) Clearance requirements shall be the same as those for trans-
porting men on belts.

(3) Suitable loading and unloading stations shall be provided.

(4) Stop controls shall be provided at loading and unloading points,
and an attendant shall supervise the loading and unloading of explosives
and detonators.

(e) Neither explosives nor detonators shall be transported on flight
or shaking conveyors, scrapers, mechanical loading machines, locomotives,
cutting machines, drill trucks, or any self-propelled mobile equipment; pro-
vided, however, that this shall not prohibit the transportation of explosives
or detonators in special closed containers in shuttle cars or in equipment
designed especially to transport such explosives or detonators.

§ 45.1-47. (a) When supplies of explosives and detonators for use
In one or more sections are stored underground, they shall be kept in
section boxes or magazines of substantial construction with no metal
exposed on the inside, and shall be located at least twenty-five feet from
roadways and power wires, and in a reasonably dry place, well rock-
dusted location protected from falls of roof. In pitching beds, where it
is not possible to comply with the location requirement, such boxes shall
be placed in niches cut into the solid coal or rock.

(b) When explosives or detonators are stored in the section, they
shall be kept preferably in separate boxes or magazines not less than
twelve feet apart; if kept in the same box or magazine they shall be
separated by at least a four-inch substantially fastened hardwood parti-
tion or the equivalent. Not more than a forty-eight hour supply of ex-
plosives or detonators shall be stored underground in such boxes or maga-
zines.

(c) Explosives and detonators, kept near the face for the use of
workmen, shall be kept in separate individual closed containers, in niches
in the rib, not less than twelve feet apart, at least fifty feet from the
working face and out of line of blast. Such containers shall be constructed
of substantial material and maintained electrically nonconductive. Where
it is physically impracticable to comply with such distance requirements,
the explosives and detonator containers shall be stored in the safest avail-
able place not less than fifteen feet from any pipe, rail, conveyor, road-
way, or power line, not less than twelve feet apart, and at least fifty feet
from the working face and out of line of blast.

(d) Explosives and detonators shall be kept in their containers until
immediately before use at the working faces.

(e) Only nonmetallic tools shall be used for opening wooden ex-
plosives containers. Tools or other materials shall not be stored with ex-
plosives or detonators.

§ 45.1-48. (a) Prior to the use of Cardox or air breaking methods,
both of which are classed as permissible blasting methods, or any other
blasting device or method that may later be classed as permissible, the
operator must secure written approval from the Chief. The Chief, in
granting approval, will issue instructions as to storage, transportation,
handling, charging, tamping, detonating and handling misfires. These
instructions will be made conditions of the approval, and violations of
any of them shall be considered violations of this section. The Chief may
at his discretion approve the use of delay electric detonators, which may
be used upon his written permission, and under such rules as he may
promulgate.

(b) All explosives used underground in coal mines shall be of the
permissible type and shall be used as follows:

(1) Fired only with electric detonators of proper strength, unless
permission is obtained from the Chief, to use fuse and caps.

(2) Fired with permissible shot-firing units, unless firing is done
from the surface when all men are out of the mine, or a permit is secured
to use other appropriate devices.

(3) Boreholes in coal shall not be drilled beyond the limits of the
cut where the coal is cut nor into the roof or floor.

(4) Boreholes shall be cleaned, and shall be checked to see that they
are placed properly and are of correct depth in relation to the cut, before
being charged.

__ (5) All blasting charges in coal shall have a burden of at least
eighteen inches in all directions if the height of the coal permits.

_ (6) Boreholes shall be stemmed with at least twenty-four inches of
Incombustible material, or at least one-half of the length of the hole shall
be stemmed if the hole is less than four feet in depth. The Chief may
authorize the use of newly developed stemming devices.

(7) In gassy mines, examinations for gas shall be made immediately
before firing each shot or group of multiple shots, and after blasting is
completed.

(8) Shots shall not be fired in any place where methane can be
detected with a flame safety lamp.

(9) Without permit, charges exceeding one and one-half pounds,
but not exceeding three pounds, shall be used only if boreholes are six
feet or more in depth; the explosives are charged in a continuous train,
with no cartridges deliberately deformed or crushed; with all cartridges
in contact with each other, with the end cartridges touching the back of
sible explosives are used; provided, however, that the three-pound limit
shall not apply to solid rock work. ;

(10) In any mine in which solid shooting is done, the Chief mine
inspector shall prescribe the conditions 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 Chief, 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 misdemeanor, and
upon conviction, shall be fined as hereinafter provided.

(11) The operator shall designate competent persons to fire shots.

(12) Boreholes shall not be charged while any other work is being
done at the face, and the shot or shots shall be fired before any other
work is done in the zone of danger from blasting except that which is
necessary to safeguard the employees. ;

(13) Only nonmetallic tamping bars shall be used for charging and
tamping boreholes. This does not prohibit the use of a nonmetallic tamp-
ing bar with a nonsparking metallic scraper on one end. ;

(14) The leg wires of electric detonators shall be kept shunted until
ready to connect to the firing cable. .

(15) Shots shall not be fired from the power of signal circuit while
any men are in the mine.

(16) The roof and faces of working places shall be tested before and
after firing each shot or group of multiple shots.

(17) Ample warning shall be given before shots are fired, and care
shall be taken to ascertain that all persons are in the clear. Men shall be
removed from adjoining working places when there is danger of a shot
blowing through.

(18) Mixed types or brands of explosives shall not be charged or
fired in any borehole.

(19) Adobe (mudcap) or other open, unconfined shots shall not be
fired in any mine.

(20) Power wires and cables that could contact blasting cables or leg
wires shall be deenergized during charging and firing.

§ 45.1-49. (a) Blasting cables shall be:

(1) Well insulated and as long as may be necessary to permit the
shot firer to get in a safe place around a corner.

Short-circuited at the battery end until ready to attach to the
blasting unit.

(3) Staggered as to length or the ends kept well separated when
attached to the detonator leg wires.

(4) Kept clear of power wires and all other possible sources of active
or stray electric currents.

§ 45.1-50. (a) Where misfires occur with electric detonators, a
waiting period of at least five minutes shall elapse before anyone returns
to the shot area. After such failure, the blasting cable shall be discon-
nected from the source of power and the battery ends short-circuited be-
fore electric connections are examined.

(b) Explosives shall be removed by firing a separate charge at
least two feet away from, and parallel to, the misfired charge or by wash-
ing the stemming and the charge from the borehole with water, or by in-
serting and firing a new primer after the stemming has been washed out.

(c) A very careful search of the working place, and if necessary,
of the coal after it reaches the tipple shall be made after blasting a mis-
fired hole to recover any undetonated explosive.

(d) The handling of a misfired shot shall be under the direct super-
vision of the mine foreman or a competent person designated by him.

(e) If fuses or caps are used for blasting, misfires may not be
supervisor or other competent person. If blasting 1s on the surface, mis-
fires may not be approached by anyone until six hours have elapsed.

§ 45.1-51. (a) 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. In no case shall a fuse less than three and one-half
feet in length be used.

(b) Firing shots from a properly installed and protected blasting
circuit may be permitted by the Chief.

(c) After firing any shot or shots, no workman shall return to the
working place until the smoke has reasonably cleared away. Before re-
turning 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 be-
ginning to load coal, slate or refuse.

(d) In no case shall more than one kind of explosive be used in
the same drill hole except in strip mining operations.

§ 45.1-52. (a) The provisions governing the handling, storage, and
transportation of explosives shall apply to the heater elements of Cardox
blasting devices prior to their instalation in the shells.

harged Cardox shells, shall, except where transported on rub-
ber belts, be transported underground in covered insulated cars or in
covered insulated boxes placed in ordinary mine cars or shuttle cars.
They shall be stored in wooden racks or in insulated containers in a cross-
cut or idle room neck at least ten feet from pipe lines, power lines, con-
veyors, roadways and haulage tracks, and shall not be removed from such
rack or containers or wired until ready to use at the face.

(c) Where Cardox is used for blasting, the following shall apply:

(1) When Cardox is fired, all persons in the vicinity, including the
shot firer, shall be around a second corner or in an equally safe place.

(2) Blasting cables shall be as long as may be necessary to assure
the safety of the shot firer, attached only after the charge has been
placed in the borehole, and maintained in good repair.

(3) Power wires and cables that could contact blasting cables or leg
wires shall be deenergized during charging and firing.

’ The charge shall be detonated with a permissible shot-firing
unit.

(5) Cardox shall not be shot off the solid, over heavy rock binders or
shale, or in a “tight’’ shot.

Cardox misfires shall not be approached until after the elapse
of fifteen minutes and shall be handled under the supervision of a com-
petent person.

(7) Misfired shells shall be bled-off before complete removal from
the hole and marked conspicuously upon such removal.

(8) All protruding wires shall be removed from shells before the
shells are removed from the face.

(9) In gassy mines, examinations for gas shall be made immediately
before and after firing each shot or group of multiple shots.

(10) Shots shall not be fired where methane can be detected with a
flame safety lamp.

(11) Cardox shells shall not be heated. This does not apply to heat
generated when the shell is discharged.
_ § 45.1-58. (a) Where compressed air is used for blasting or break-
ing down the coal, the following shall apply:

(1) Compressed air shall be conducted from the compressor to within
a practical working distance of the face by steel air lines tested to with-
oe an approximate pressure of twenty thousand pounds per square
(2) Air lines shall be grounded at the compressor and, if possible,
at other low-resistance ground connections along the lines, such as at
borehole casing. They shall not be connected in anyway to tracks, water
lines or other electric power return conductors and shall be suitably in-
sulated where they cross electric wires or underneath the track.

(3) Unions shall be installed in steel air lines at not more than one
thousand feet intervals, and insulated couplings shall be installed at the
inby ends of such lines. ;

(4) Shut-off valves shall be installed every one thousand feet in all
compressed-air blasting lines and in all branch lines at a point near the
main lines.

(5) Compressed-air blasting lines shall be protected at places where
equipment passes over, under or adjacent to them. ;

(6) Steel or copper lines shall not be handled or repaired when air
pressure is in the line.

(7) Air lines shall be examined periodically for kinks or other
weaknesses and replaced immediately when defects are found.

(8) Copper tubing shall be coiled and uncoiled properly. The part
of the tubing that is affected by frequent coiling and uncoiling shall be
renewed periodically because of the dangers from kinks and crystallization.

(9) Blow-down valves shall not be less than forty-five feet from
the face and shall be around a right angle.

(10) Holes for compressed-air tubes shall be within the limits of the
cut, and shall not be drilled until the coal is cut.

(11) The tube shall be pushed to the back of the drill hole and then
withdrawn six to twelve inches to form an air cushion.

(12) When blow-down valves are opened to discharge the tube, they
shall remain open until time to place the tube in the next borehole.

(13) After breaking down the coal in any one place, the tube shall
be disconnected at once from the air line and not reconnected until ready
to be used in the next place.

(14) When a tube fails to discharge, the line leading to the tube
shall be disconnected at the blow-down valve, and the tube shall be dragged
by means of the line to an abandoned place, marked with warning signs,
and left for twelve hours before any repair work is done thereon.

(15) <All persons shall be removed from adjoining working places
where there is danger of breaking through and shall be a safe distance
around a right angle while coal breaking is in progress.

§ 45.1-54. (a) All gaseous or gassy mines shall be ventilated by
means of main fans installed as follows:

(1) Onthe surface.

(2) In fireproof housings.

(3) Offset not less than fifteen feet from the nearest side of the
mine opening; provided, however, that this shall not apply to fans that
are offset any distance from the mine opening if they otherwise comply
with subparagraph five of this section.

; (4) Equipped with fireproof air ducts and ample means of pressure

(5) In lieu of requirements for the location of the fan and the
pressure relief facilities, the fan may be directly in front of, or over,
the mine opening; provided, however, that the opening is not in direct
line with possible forces coming out of the mine should an explosion occur,
and provided further that there is another opening having a weak-wall
stopping or explosion doors that would be in direct line with the forces
coming out of the mine should an explosion occur; such opening to be not
less than fifteen feet nor more than one hundred feet from the fan open-
ing.

(b) Main mine fans shall be installed to permit the reversal of air
flow. Unless such fan is attended constantly, it shall be provided with an
automatic device to give alarm when the fan slows down or stops. This de-
vice shall be placed so that it will be seen or heard by a responsible person.

(c) At gassy mines, main fans shal] be on separate power circuits,
independent of the mine circuit.

(d) The area surrounding main fan installations shall be kept free
of combustible material for at least one hundred feet in all directions
where physical conditions permit.

(e) <A daily inspection shall be made of all main fans and machinery
connected therewith by a competent person and a record kept of the
same in a book prescribed for this purpose or by adequate facilities pro-
vided to permanently record the performance of the main fan and to give
warning of an interruption to a fan.

(f) When the main fan of a gassy mine fails or stops, the power
shall be cut off the mine and the men shall be withdrawn from the
face regions. If ventilation is restored within a reasonable time, the face
regions and other places where methane is likely to accumulate shall be
examined by properly certified persons, and if found to be free of ex-
plosive or harmful gasses, power may be restored and work resumed. If
ventilation is not restored within a reasonable time, and in no case more
than thirty minutes, all persons shall be removed from the mine. The
main fan shall be operated for a period of not Jess than two hours, and
thereafter the mine shall be examined by properly certified persons before
the men are permitted again underground. The power wires underground
shall hd be energized until the mine is reported safe following such
examination.

(g) Coal mines classified as nongaseous shall be ventilated by main
fans offset not less than fifteen feet from the nearest side of the mine
opening, when considered necessary by the Chief.

(h) When the main fan of a nongassy mine fails or stops and can-
not be started within a reasonable time, the men shall be withdrawn from
the face regions. If ventilation is not restored within a reasonable time,
to be determined as provided in subsection (f), all persons shall be re-
moved from the mine, and the mine shall be examined by properly certified
persons before the men are permitted again underground.

(i) Main fans at nongassy mines shall be operated continuously
except when the mine is shut down with all men out of the mine. If the
main fan of a nongassy mine is stopped after all men are out of the mine,
the fan shall be operated for a period of at least two hours before any
man is allowed underground.

(j) Except for repairs, main fans at gassy mines shall be operated
continuously day and night unless written permission is granted by the
Chief for planned stoppages. If the main fan of a gassy mine is stopped
after all men are out of the mine, the fan shall be operated for a period
of at least two hours before any man is allowed underground.

(k) Where electric power is available, main mine fans shall not be
powered by means of gasoline-powered engines; provided, however, that
where electric power is not available or for emergency use, main mine
fans may be powered with internal combustion engines, but they shall
be surrounded with safeguards as follows:

_ (1) The fan shall be operated exhausting, unless otherwise per-
mitted by the Chief.

(2) The engine operating the fan shall be offset at least ten feet
from the fan and housed in a separate fireproof structure. —

Main fans at gassy mines shall be provided with pressure-rec-
ording gauges.
(m) The ventilation in other mines for minerals, stone, sand, clay,

iL4.§3%
use or are to be used by workmen or others shall be free from dangerous
amounts of noxious impurities and shall contain sufficient oxygen to pre-
vent danger to the health of anyone employed in any such mine. Where
such conditions cannot be obtained by natural ventilation, approved means
for mechanical ventilation shall be provided and kept in operation until
such workings have been abandoned or until satisfactory natural ventila-
tion shall have been brought about therein.

§ 45.1-55. (a) The installation or use of booster fans in any mine
shall be prohibited, unless prior approval is granted by the Chief.

(b) The Chief is charged with responsibility to prescribe the safe-
guards and conditions required for any approval for use of booster, auxi-
liary or blower fans with tubing or diffusor, and to make acceptance and
compliance with the requirements a condition of the approval. Failure
to comply with requirements set forth in the approval will be a violation
of this section.

(c) Blower fans with tubing shall not be used underground except
to ventilate shaft and slope-sinking operations and their underground con-
nections, the faces of fork tunnels driven between two coal beds or through
faults and wants, and they shall be surrounded with safeguards as fol-

lows:

(1) Each fan shall be powered with a permissible driving unit and
installed on the intake-air side of the entrance of the place to be ventilated
not less than sixteen feet from the nearest rib of such entrance.

(2) The volume of air in which the fan is placed shall exceed the
manufacturers’ maximum rated capacity of the fan.

(3) The fan tubing shall be maintained in good condition. The
discharge end of the tubing shall be kept as close to the face as is practical.

(4) Places in gassy mines ventilated by means of blower fans shall
be examined for methane by a properly certified person before the fan
is started at the beginning of the shift and after any interruption of fan
operation for five minutes or more during the shift.

(5) Accumulation of methane shall not be moved by means of a
blower fan and tubing, except in mines using auxiliary fans for ventilation.

(6) The fan and tubing shall be inspected at least twice during
each working shift by a properly certified person.

§ 45.1-56. (a) The quantity of air passing through the last open
crosscut in any pair or set of active entries shall be not less than six
thousand cubic feet per minute; provided, however, that the quantity of
air reaching the last crosscut in any pair or set of entries in pillar-
recovery sections may be less than six thousand cubic feet per minute if
at least six thousand cubic feet of air per minute is being delivered to
the intake end of the pillar line.

(b) When a coal mine has been classed as nongaseous, sufficient
air must be circulated and conducted through all entries, slopes, travel-
ways, working places, air courses, and open abandoned areas, to dilute,
render harmless, and carry off noxious and explosive gases emitted in the
mine, including smoke from blasting, and shall not be less than four hun-
dred cubic feet per man per minute. If mules or horses are used in the
mine, five hundred cubic feet per animal per minute must be provided
in addition to the minimum volume specified for the men.

(c) The air current at working faces shall under all conditions have
a sufficient volume and velocity to readily dilute and carry away smoke
from blasting and any flammable or harmful gases.

(d) Atleast once each week, a properly certified person shall measure
the volume of air entering the main intakes and leaving the main re-
turns, the volume passing through the last open crosscut in each active
entry, the volume being delivered to the intake end of each pillar line,
and the volume at the intake and return of each split. A record of such
measurements shall be kept in a book on the surface, and the record shall
be open for inspection by interested persons. :

(e) In gassy mines a system of bleeder openings or air courses de-
signed to provide positive movement of air through and/or around aban-
doned or caved areas, sufficient to prevent dangerous accumulation of
gas in such areas and to minimize the effect of variations in atmospheric
pressure, shall be made a part of pillar recovery plans projected here-
after. Mines not having bleeders established must provide them as soon as
practicable.

§ 45.1-57. (a) The main intake and return air currents of drifts
or slope mines opened after the effective date of this title shall not be in a
single partitioned opening.

b) All entries driven in coal after the effective date of this act
shall be in sets of two or more.

(c) Permanently installed underground stables, battery-charging
stations, substations, transformer stations, and stations for electrically
operated pumps and compressors shall be ventilated by separate splits of
air conducted directly to the main return air courses. Portable type sub-
stations and battery-charging stations shall be in well ventilated places.

(d) Changes in ventilation that materially affect the main air cur-
rent or any split thereof shall be made when the mine is not in operation
and with no men in the mine other than those engaged in changing the
ventilation.

(e) The number of men on the same air current or split shall not
exceed seventy.

(f) Each section in a gassy or gaseous mine must be ventilated by
a separate split of air, unless permission is granted by the Chief to
ventilate two or more sections with the same split of air.

§ 45.1-58. (a) Mine air in which men work or travel shall contain
at least nineteen and five-tenths per centum oxygen, not more than five-
tenths per centum carbon dioxide, and shall not be contaminated with
noxious or poisonous gases.

(b) If the air immediately returning from a split that ventilates any
group of active workings contains more than one per centum methane, as
determined with a permissible flame safety lamp, by air analysis, or by
other r recognized means of accurate detection, the ventilation shall be im-
proved.

(c) If a split of air returning from active underground working
places in a mine contains one and five-tenths per centum of methane, as
determined by a permissible methane detector, a permissible flame safety
lamp, air analysis, or other recognized means of accurately detecting such
gas, the employees shall be withdrawn from the portion of the mine
endangered thereby, and all power shall be cut off from such portion of the
mine, until the quantity of methane in such split shall be less than one and
five-tenths per centum. However, in virgin territory in mines ventilated
by exhaust fans where methane is liberated in large amounts, if the quan-
tity of air in a split ventilating the workings in such territory equals or
exceeds twice the minimum volume of air, which is six thousand cubic
feet per minute and if only permissible electric equipment is used in such
workings and the air in the split returning from such workings does not
pass over trolley or other bare power wires, and if a certified person desig-
nated by the mine operator is continually testing the gas content of the air
in such split during mining operations in such workings, it shall be neces-
sary to withdraw the employees and cut off all power from the portion of
the mine endangered by such methane only when the quantity thereof in
the air returning from such workings exceeds two per centum, as deter-
mined by a permissible methane detector, a permissible flame safety lamp,
air analysis, or other recognized means of accurately detecting such gas.
§ 45.1-59. (a) Breakthroughs shall be made between entries and
between rooms at intervals not to exceed eighty feet. If greater distance
is required, prior approval must be obtained from the Chief.

(b) Breakthroughs between intake and return air courses shall be
closed, except the one nearest the face; breakthroughs between rooms
shall be closed where necessary to provide adequate ventilation at the
working face.

(c) Where practicable, a breakthrough shall be provided at or near
the face of each entry or room before the place is abandoned.

(d) Entries or rooms shall not be started off an entry beyond the
last open breakthrough.

(e) Permanent stoppings between intake and return air courses
shall be built of substantial, incombustible material such as concrete,
concrete blocks, brick, tile, or other approved material; provided, however,
that where physical conditions prohibit the use of such materials, timbers
laid longitudinally “skin to skin” may be used. This does not prohibit the
use of a temporary stopping in the second breakthrough out by the face.

(f) Stoppings shall be reasonably airtight.

§ 45.1-60. (a) In gassy mines, the ventilation shall be so arranged
by means of air locks, overcasts, or undercasts that the passage of haulage
trips or persons along the entries will not cause interruption of the air
current; provided, however, that in mines or in developing sections where
air locks are not practical single doors shall be used to course the air, and,
unless operating mechanically, shall be attended constantly while the
mine is in operation. Air locks shall be ventilated enough to prevent
accumulations of methane therein.

(b) Doors shall be kept closed except when men or equipment is
passing through the doorways. Motor crews and other persons who open
doors shall see that the doors are closed before leaving them.

(c) Overcasts and undercasts shall be constructed tightly of incom-
bustible material, such as masonry, concrete, concrete blocks, or prefab-
ricated metal, of sufficient strength to withstand possible falls from the
roof; they shall be of ample area to pass the required quantity of air and
shall be kept clear of obstructions.

(d) In nongaseous mines single doors may be installed. The method
of installation shall be subject to the approval of the Chief.

§ 45.1-61. (a) Substantially constructed line brattice shall be
used from the last open breakthrough of an entry or room when necessary
to provide adequate ventilation for the workmen and to remove gases and
explosive fumes. When damaged by falls or otherwise they shall be re-
paired promptly.

( The space between the line brattice and the rib shall be large
enough to permit the flow of a sufficient volume of air to keep the working
face clear of flammable and noxious gases.

(c) Brattice cloth used underground shall be of flame-resistant
material.

(d) Accumulations of methane shall be moved only by means of
properly installed line brattice, or other approved method.

§ 45.1-62. (a) The openings to abandoned workings shall be
fenced off so no person can enter, and danger signs shall be posted upon
such fencing.

(b) All abandoned workings shall be either sealed or ventilated.

(c) Where practice is to seal abandoned workings, the sealing shall
be done in an effective manner with incombustible material. In every
sealed area, one or more of the seals shall be fitted with a pipe and cap or
valve to permit the gases behind the seals to be sampled and also to provide
a means of determining any existing hydrostatic pressure.

(d) In gassy mines, air that has passed through abandoned work-
ings and pillared out and caved areas, that has passed by the unsealed
entrances to abandoned workings, or that has been used to ventilate pillar
lines shall not be used to ventilate live face workings; provided, however,
that such provisions shall not apply to air which is being used to ventilate
an active pillar line and rooms which are necessary to establish and main-
tain such pillar line. Areas within a panel shall not be deemed abandoned
until such panel is abandoned. Where intake air is coursed by seals of
abandoned workings, such seals shall be leakproof and shall be inspected
by a certified person at least once each shift.

§ 45.1-63. (a) Any mine in which the percentage of explosive gas
exceeds one-fourth of one per centum at the return of any one split shall
be classified as gaseous.

(b) Any mine in which methane has been detected by a flame
safety lamp twelve inches from roof, rib, or face, or in which there is a
record of methane having been ignited, shall be classified as gassy.

(c) When a mine has been classified as gaseous or gassy, it may be
reclassified by the Chief on request of the operator and recommended by
two or more mine inspectors, provided the mine has met the standards for
another classification for two years continuously, and there is no reason
for the Chief to consider the mine potentially gaseous or gassy to any
greater extent than other mines operating in similar seam condition under
lower classification.

(d) Face work must be stopped, power to face equipment cut off,
and the employees ordered and required to withdraw until ventilation is
improved whenever gas can be detected on a permissible flame safety lamp
or approved detectors at any point not less than twelve inches from the
roof, face or ribs. This does not apply to other faces in the entry or slope
in which work can be safely continued.

(e) When because of gas accumulations entries or faces are stopped
waiting for ventilation to be improved, only employees designated to work
on improving the ventilation under competent direction may be permitted
in the affected area. Power shall not be restored until ventilation is
improved.

(f) Face equipment purchased for use in gaseous mines shall be of
the permissible type. The Chief may, if he considers it necessary, require
that face equipment purchased for use in gassy mines or sections thereof
be of the permissible type.

§ 45.1-64. (a) All flame safety lamps used for examining coal
mines or for working therein shall be permissible. When not in use, they
shall be in the care of certified officials or other competent designated
persons, who will disassemble, examine, clean, fill and deliver them,
locked and in safe condition, to their users before they enter the mine.
Flame safety lamps shall not be unlocked or dissassembled inside any coal

ine.

(b) At least one permissible flame safety lamp shall be kept in safe
working condition at each coal mine. Not less than twenty-five per centum
of those in use or one, whichever is greater, shall be kept in reserve at
each mine classed as gaseous or gassy for use in an emergency.

(c) Permissible flame safety lamps shall be entrusted for use only
to certified persons or to approved competent persons.

(d) Every person who knows his flame safety lamp to be injured
or defective shall immediately extinguish it and promptly report its condi-
tion to his supervisor, the mine foreman, or to the designated lamp attend-
ant. Defective lamps must be kept separate from others until repaired.

§ 45.1-65. (a) Officials whose regular duties require them to in-
spect working places in any mine for dangers shall have in their posses-
sion, and shall use, when underground, a suitable permissible device
capable of detecting methane and oxygen deficiency.
(b) All gassy mines shall be examined for gas and other dangers by
properly certified persons assigned specifically to make fire-boss examina-
tions before other men are permitted to enter irrespective of whether the
mine is being operated or is idle. In gassy mines, such certified persons
shall begin their examination in the first working place in their assigned
territory not more than four hours before each shift enters the mine; in
nongassy mines they shall begin their examination in the first working
place in their assigned territory not more than four hours before the first.
shift enters the mine. .

(c) During the preshift examination, the fire boss shall visit
every live working place in the mine and inactive places adjacent thereto,
and during each visit shall test for methane and oxygen deficiency with a
suitable permissible device; examine all seals and doors; test and inspect
the roof, face and rib conditions in all working places visited, inspect
active roadways, travelways, approaches to abandoned workings, and ac-
cessible falls in active sections for explosive gas and other dangers; be
certain that the air is traveling in its regular course and in sufficient
volume in each split; and he shall place his initials and the date at or near
the face of each place examined.

(d) Where dangerous conditions are found, the fire boss shall
danger-off each approach to such place by placing a “danger” sign thereon;
no one but an authorized person shall pass such danger sign, and then only
for the purpose of examining the place or correcting the condition.

(e) Upon completing his examination, each fire boss shall return to
the surface or a designated station underground and report in person to
the mine foreman or a designated certified assistant before other men
enter the mine; immediately upon reaching the surface, the fire boss shall
record in ink or indelible pencil the result of his inspection in a regular
fire-boss book kept on the surface for that purpose. |

(f) Idle and abandoned sections shall be inspected for gas and other
dangerous conditions by a certified foreman, assistant mine foreman or
fire boss immediately before other employees are permitted to enter or
work in such places. A certified official shall supervise the correction of
exceptionally dangerous conditions.

(g) The working places in all mines shall be examined for dangers by
a properly certified official at least once during each shift while the men
are in the mines, or oftener if necessary for safety. Such examination
shall include tests with a suitable permissible device for detecting methane
and oxygen deficiency. Any danger found shall be eliminated promptly or
the men shall be withdrawn and the affected area plainly marked with
“danger” signs.

(h) Pillar workings shall be examined by a certified official for
methane and other dangers before a fall is made purposely. If methane
can be detected with a flame safety lamp, it shall be removed, if possible
before the fall is made. Where it is not practicable to remove the gas
before such fall is made, all electric power shall be cut off that portion of
the mine that might be affected, and all men except those necessary to
complete the fall shall be removed from such area.

(i) Examinations for dangerous conditions, including tests for
methane with a permissible flame safety lamp, a permissible methane
detector, or by chemical analysis shall be made at least once each week by
the mine foreman or other properly certified person designated by him.
Such examinations and tests shall be made in the return of each split
where it enters the main return, or pillar falls, at seals, in the main return,
at least one entry of each intake and return airway in its entirety, idle
workings, and, insofar as conditions permit, abandoned workings. The
person making such examinations and tests shall mark his initials and the
date at the places examined, and if dangerous conditions are found, they

“oe
shall be reported promptly. A record of these examinations and tests shall
be kept at the mine.

(j) The mine foreman shall read and countersign promptly the daily
reports of the fire bosses and assistant mine foreman, and he shall read
and countersign promptly the weekly report covering the examinations for
dangerous conditions. Where such reports disclose dangerous conditions,
the mine foreman shall take prompt action to have such conditions cor-
rected. The mine superintendent, where such official is in charge at the
mine, shall also read and countersign promptly the daily and weekly
reports of the mine officials.

(k) Each day, the mine foreman or each assistant shall enter plainly
and sign with ink or indelible pencil in a book provided for that purpose a
report of the condition of the mine or portion thereof under his super-
vision, which report shall state clearly the location and nature of any
danger observed by them or reported to them during the day, and the
report shall state what action, if any, was taken to remedy such danger.

(1) All records of daily and weekly reports shall be open for inspec-
tion by interested persons.

§ 45.1-66. (a) Coal dust shall not be permitted to accumulate ex-
cessively in any part of the active workings, including working places
about to be abandoned.

(b) Where mining operations raise an excessive amount of dust into
the air, water or water with wetting agent added to it or other effective
methods shall be used to allay such dust at its source. 1 :

§ 45.1-67. (a) All dry coal mines, or parts of mines, or sections
thereof, shall be rock dusted if conditions are found to be so dusty as to
constitute a hazard after proper inspection. Should such conditions be
found to exist, the Chief or his accredited representative shall require the
eed rock dusting to make the mine, part of mine, or section thereof
safe,

(b) In all mines accumulations of fine dry coal dust shall, as far as is
practicable, be removed from the mine, and all dry and dusty operating
sections kept thoroughly watered or rock dusted or the dust allayed by
other methods approved by the Chief; but in every dusty mine, or in any
part or section thereof rock dusting shall be applied to maintain at all
times a minimum of sixty-five per centum of noncombustible matter to
within forty feet of the faces. All open breakthroughs within the forty
foot zone shall be rock dusted. Samples taken to determine noncombustible
content shall be taken around the perimeter of the place. The term “dusty
mine” shall not include a wet or damp mine, but the provisions hereof relat-
ing to rock dusting shall apply to any dusty part or section of a wet or damp
mine. The Chief may at his discretion approve rock dusting regulations
consistent with advanced mining methods.

§ 45.1-68. (a) Where men are transported into or out of a mine or
underground by hoists, or on surface inclines, a qualified hoisting engineer
shall be on duty continuously at each hoist necessary to provide immediate
transportation while any person is underground; provided, however, that
this shall not apply to automatically operated elevators that can be operated
safely by any workman. ;

(b) A hoist used for handling men shall be equipped with overspeed,
overwind, and automatic stop controls, unless a second engineer is on duty,
and a stop control is provided for his immediate use.

(c) The hoisting engineer shall operate the empty cages up and down
the shaft at least one round trip at the beginning of each shift and after
the hoist has been idle for one hour or more before hoisting or lowering
men. Similar procedure shall be followed in slope and surface incline hoist-
ing except that an attendant may ride on the trip.
brakes capable of stopping and holding the fully loaded unbalanced cag
or trip at any point in the shaft, slope, or on the incline.

(e) An accurate and reliable indicator, showing the position of th
cage or trip, shall be placed so as to be in clear view of the engineer, unles
the position of the car or trip is clearly visible to the engineer at all times

(f) Hoisting equipment including the headgear, cages, ropes, con
nections, links and chains, shaft guides, shaft walls, and other facilitie
shall be inspected daily by a competent person designated by the operator
Such inspector shall report immediately to his superior any defects found
and any such defect shall be corrected promptly. The person making suc!
examination sha]] make a daily permanent record of such inspection, whic!
shall be open for inspection by interested persons.

(g) Hoisting ropes on all cages or trips shall be adequate in size t
handle the load and have a proper factor of safety. Ropes used to hoist o
lower coal and other materials shall have a factor of safety of not less tha
five to one; ropes used to hoist or lower men shall have a factor of safety o
not less than ten to one. The rope shall be replaced as soon as there i
evidence of possible failure.

(h) The rope shall have at least three full turns on the drum whe
extended to its maximum working length and shall make at least one ful
turn on the drum shaft or around the spoke of the drum, in case of a fre
drum, and be fastened securely by means of clamps.

(i) The hoisting rope shall be fastened to its load by a spelter-fille
aoe 4 by a thimble and adequate number of clamps properly spaced an
installed.

(j) Any rope attached to a cage, man-car, or trip used for hoistin;
or lowering men shall be provided with two bridle chains or cables con
nected securely to the rope at least three feet above the socket or thimbl
and to the crosspiece of the cage or to the man-car or trip.

§ 45.1-69. (a) Cages used for hoisting men shall be of substantia
constructions; with adequate steel bonnets, with enclosed sides; with gates
safety chains, or bars across the ends of the cage when men are bein:
hoisted or lowered; and with sufficient handholds or charins for all me
on the cage to maintain their balance. A locking device to prevent tiltin:
of the cage shall be used on all self-dumping cages when men are trans
ported thereon.

(b) The floor of the cage shall be constructed so that it will b
adequate to carry the load and so that it will be impossible for a work
man’s foot or body to enter any opening in the bottom of the cage.

(c) Cages used for handling men shall be equipped with safet:
catches that act quickly and effectively in case of an emergency.

(d) <A test of safety catches on cages shall be made at least onc
each month. A written record shall be kept of such tests, and such recor
shall be open for inspection by interested persons.

(e) The speed of the cage, car, or trip in shafts, slopes, or on surfac
inclines shall not exceed one thousand feet a minute when men are bein:
hoisted or lowered.

(f) Two independent means of signaling shall be provided betwee!
the top, bottom, and all intermediate landings of shafts, slopes, and surfac
inclines and the hoisting station. At least one of these means of signalin:
shall be audible to the hoisting engineer.

(g) An approved signal code shall be in use at each mine and shal
be at the cage station designated by the shaftman.

(h) When men are being hoisted or lowered in shafts, slopes, or 0)
surface inclines, the loading and unloading of men and movement of th
each landing. Where possible, such gates shall be self-closing and shall be
kept closed except when the cage is being loaded or unloaded. i

(j) Positive stopblocks or derails shall be placed near the top and at
intermediate landings of slopes and surface inclines and at the approaches
to all shaft landings.

(k) At the bottom of each hoisting shaft and at intermediate land-
ings, a “run-around” shall be provided for safe passage from one side of
the shaft to the other. This passageway shall be not less than five feet in
height and three feet in width.

(1) Ice shall not be permitted to accumulate excessively in any shaft
where men are hoisted or lowered.

(m) No person shall ride on a loaded cage.

(n) The number of persons riding in any cage or car at one tim
shall be prescribed by the Chief. ,

§ 45.1-70. (a) The roadbed, rails, joints, switches, frogs, and other
elements of the track of all haulage roads shall be constructed, installed,
and maintained in a manner consistent with speed and type of haulage
operations being conducted to insure safe operation. _

( All track switches shall be provided with properly installed
throws, latches and bridle bars.

(c) Track switches, except those in rooms and in entry development,
shall be equipped with properly installed guardrails.

(d) Switch throws and stands shall be on the clearance side.

(e) Haulage tracks shall be kept free of accumulations of coal spil-
lage, and debris.

(f{) Roadbeds shall be kept well drained.

(g) Rails shall be secured at all joints by means of plates or weld.

(h) Shuttle-car haulage roads shall be maintained reasonably free
of bottom irregularities, excess spillage, debris, and wet or muddy condi-
tions that make it difficult to control the shuttle car.

§ 45.1-71. (a) Track-haulage roads in entries, rooms, and break-
throughs developed after the effective date of this act shall have a con-
tinuous clearance on one side of at least twenty-four inches from the far-
thest projection of moving traffic and shall be free of any obstruction to a
height of six and one-half feet where the height of the coal permits.

(b) Track-haulage roads in entries, rooms and breakthroughs devel-
oped after the effective date of this act shall have a continuous clearance on
the “tight” side of at least six inches from the farthest projection of
moving traffic.

(c) On haulage roads where trolley lines are used, the clearance for
traveling shall be on the side opposite the trolley lines, except where such
lines are six and one-half feet or more above the rail.

(d) The clearance space on all track-haulage roads shall be kept free
of loose rock, loose coal, supplies, and other loose materials; provided, how-
lee that not more than twenty-four inches need be kept free of obstruc-
ions.

(e) Parallel tracks installed after the effective date of this act shall
be far enough apart to allow a clearance of at least twenty-four inches
between the outermost projections of passing traflic.

(f) Ample clearance shall be provided at conveyor-loading heads, at
conveyor-control panels, and along conveyor lines.

(g) Where it is necessary for men to cross conveyors regularly, suit-
able crossing facilities shall be provided.

; Shelter holes shall be provided at intervals not to exceed the
interval permitted for crosscuts.

(i) Shelter holes made after the effective date of this act shall be at
least five feet in depth, not more than four feet in width, and six feet in
six feet high. Room necks and crosscuts may be used as shelter holes even
though their width exceeds four feet.

(j) Shelter holes shall be kept free of refuse, loose roof and other
obstructions.

(k) Shelter holes shall be provided at manually operated doors and
at switch throws, except where more than six feet of sideclearance is
maintained and at room switches. The rail shall be used as a point from
which the measurement is to be taken.

(1) At each underground slope landing where men pass and cars are
handled, a shelter hole at least ten feet in depth, four feet in width, and six
feet in height shall be provided.

(m) Upon the approach of moving traffic, persons not engaged in
a a operations shall take refuge in shelter holes or other places of

ety.

8 45.1-72. (a) Locomotives, mine cars, shuttle cars, supply cars,
conveyors, and all other haulage equipment shall be maintained in a safe
operating condition.

(b) All track-mounted self-propelled mobile haulage equipment and
shuttle cars for use underground and ordered after the effective date of
this act shall be equipped with safe seating facilities for the operator.

§ 45.1-73. (a) Locomotives shall be equipped with proper devices
ae Huchng lifting jacks, which shall be used for the rerailing of locomotives
and cars.

(b) An audible warning device and headlights shall be provided on
each locomotive, shuttle car and any other self-propelled mobile haulage
equipment.

(c) <A permissible trip light shall be used on the rear of trips pulled
and on the front of pushed trips and trips lowered in slopes; provided,
however, that trip lights need not be used on cars being shifted to and from
loading machines, on cars being handled at loading heads, during gathering
operations at working faces, where locomotives are used on each end of a
trip, or on trips pulled by animals.

d) Pushing of cars on main haulage roads shall be prohibited except
where necessary to push cars from sidetracks located near the working
section to the producing entries and rooms, where necessary to clear
settles and sidetracks, and on the approach to cages, slopes and surface
inclines.

(e) Where track haulage is used, sidetracks shall be provided as near
as feasible to the working places.

Back-poling shall be prohibited except at places where the trolley
pole cannot be reversed or when going up extremely steep grades and then
only at very slow speed.

(g) Other than the motorman and trip rider, no person shall ride on
a locomotive unless authorized by the mine foreman, and no person shall
ride on loaded cars or between cars of any trip, except that the trip rider
may ride on the part of the trip adjudged safest by the mine foreman and
concurred in by the mine inspector, preferably the first or the last car.
When officials or other persons authorized by the mine foreman, traffic-
man, haulage boss, or dispatcher, are transported on loaded trips, an empty
car will be placed between the locomotive and the first loaded car; or when
physical conditions of haulage require it as a safety measure, the mine
foreman may designate the rear of trips for the empty car. No brakeman
or driver shall ride on the front bumper of any car or trip.

(h) No person shall get on or off moving locomotives or cars being
moved by locomotives; provided, however, that the brakeman may get on
or off the rear end of a slowly moving trip, or the stirrup of a slowly moving
locomotive to throw a switch, align a derail, or open or close a door.

(1) Operators of shuttle cars shall face in the direction of travel.
(j) <All trips and locomotives shall come to a complete stop before
cars are coupled or uncoupled by hand.

(k) Standing cars on any track, unless held effectively by brakes,
shall be properly blocked or spragged. Cars shall be secured effectively at
working faces.

(1) Positive-acting stopblocks or derails shall be used where neces-
sary to protect persons from danger of moving or run-away haulage
equipment.

(m) Timbers and other materials not necessary for the operation of
locomotives, cutting machines, loading machines, and coal-drilling ma-
chines shall not be transported on such equipment.

(n) Slides, skids, or other adequate means shall be used on descend-
ing trips on grades where the locomotive is not adequate to control the trip,
and where practicable, a drag shall be used on ascending trips on steep
grades.

(o) Material being transported shall be loaded so as to protect the
motorman or brakeman from sliding equipment and/or material.

(p) Where seating facilities are provided on self-propelled mobile
equipment, the operator shall be seated before such equipment is moved.

(q) Operators of self-propelled haulage equipment shall sound a
warning before starting such equipment and on approaching curves, side-
tracks, doors, curtains, manway crossings, or any other place where per-
sons are or likely to be.

(r) Locomotives following other trips shall maintain a distance of
three hundred feet from the rear end of the preceding trip or locomotive.

(s) Brakeman shall always stand in the clear during switching
operations.

(t) Where block signals are used, not more than one locomotive,
except pushers, shall operate in any signal block at the same time unless
by special authority.

_ . (u)_ Where a dispatcher is employed to control trips, traffic under his
Jurisdiction shall be moved only at his direction.

45.1-74. (a) Man-trips operated by means of locomotives shall be
pulled and at safe speeds consistent with the condition of roads and type
of equipment used, and shall be so controlled that they can be stopped
within the limits of visibility.

(b) Each man-trip shall be under the charge of a responsible official,
and it shal be operated independently of any loaded trip of coal or other
ma .

(c) Man-trip cars shall be maintained in safe operating condition,
and enough of them shall be provided to prevent their being overloaded.

No person shall ride under the trolley wire unless suitable cov-
ered man-cars are used.

(e) Other than ‘small hand tools carried on the person, supplies or
tools shall not be transported in the same car or cage with men on any
Man-trip, except in special compartments in such cars, and all persons
shall ride inside the cars except the motorman and trip rider.

(f) Men shall not board or leave moving man-trip cars; they shall
remain seated while in moving cars, and shall procede in an orderly man-
ner to and from man-trips.

(g) A waiting station with sufficient room, ample clearance from
moving equipment, and adequate seating facilities shall be provided where
men are required to wait for man-trips or man-cages, and the men shall
remain in such station until the man-trip or man-cage is ready to load.
Men shall be permitted to unload from man-trips only at man-trip stations,
except that persons assigned to special duties along main haulageways may
unload at any point if clearance from moving equipment is provided.

(h) Trolley and power wires shall be guarded effectively at man-
trip stations where there is a possibility of any person coming in contact
with energized electric wiring while boarding or leaving the man-trip.
Deenergizing switches, used in conjunction with signal lights to indicate
when such wires have been deenergized, may be used in lieu of guards at
man-trip stations.

(i) When belts are used for transporting men, such belts shall be
free of loose materials, and a minimum clearance of eighteen inches shall
be maintained between the belt and the roof or crossbars, projecting
equipment, cap pieces, overhead cables, wiring, and other objects; but
where the height of the coal bed permits, the clearance shall be not less
than twenty-four inches. Control switches shall be provided at all places
where men board or leave belts regularly.

(j) The belt speed shall not exceed two hundred fifty feet a minute
while men are being transported, and such belt shall be stopped while men
are boarding or leaving.

(k) The space between men riding on a belt line shall be not less
than five feet.

(1) Adequate clearance and proper illumination shall be provided
where men board or leave conveyor belts.

(m) An official or other responsible person designated by him shall
be in attendance while men are boarding or leaving belts.

§ 45.1-75. (a) Overhead high-potential power lines shall be placed
at least fifteen feet above the ground and twenty feet above driveways and
haulageways, shall be installed on insulators, and shall be supported and
guarded to prevent contact with other circuits.

Surface transmission lines including trolley circuits shall be
protected against short circuits and lightning. Each exposed power circuit
that leads underground shall be equipped with lightning arrestors of ap-
proved type at the point where the circuit enters the mine.

(c) Electric wiring in surface buildings shall be installed so as to
prevent fire and contact hazards.

§ 45.1-76. (a) Unless surface transformers are isolated by eleva-
tion (eight feet or more above the ground), they shall be enclosed in a
transformer house or surrounded by a suitable fence at least six feet high.
If the enclosure or fence is of metal, it shall be grounded effectively. The
gate or door to the enclosure shall be kept locked at all times, unless author-
ized persons are present.

(b) Surface transformers containing flammable oil and installed
where they present a fire hazard (near mine openings or in or near com-
bustible buildings) shall be provided with means to drain or to confine the
oil in the event of rupture of the transformer casing.

(c) All transformers ordered after the effective date of this act, for
use underground shall be air cooled or filled with non-flammable liquid or
inert gas.

(d) Permanent underground transformers containing flammable
liquid shall be in rooms of fireproof construction. Such rooms shall be
provided with automatic fire doors and door sills or their equivalent that
will confine the liquid in event of rupture of the transformer casing.

(e) Portable underground transformers containing flammable
liquids shall be in fireproof housing or enclosures, which shall be provided
with automatic fire doors, and means shall be provided for confining the
liquid in event of rupture of the transformer casing.

(f) Suitable danger signs shall be posted conspicuously at all trans-
former stations on the surface and underground.

(g) All transformer stations on the surface and underground shall
be kept free of nonessential combustible materials and refuse.

§ 45.1-77. (a) Battery charging stations, motor generator sets,
rotary convertors, and oil-filled transformers and switches used under-
ground shall be housed in fireproof buildings ventilated by a separate split
of air direct to the main return (rectifiers excepted) ; provided, however,
that portable or semi-portable battery charging units may be operated in
intake air if a minimum of fifteen thousand cubic feet of air per minute is
circulating for one tray of batteries and five thousand cubic feet of air per
minute additional for each tray added.

All surface and underground substations, battery-charging sta-
tions, pump stations, and compressor stations shall be kept free of non-
essential combustible materials and refuse.

i} All housings enclosing oi] switchgear shall be ventilated effec-
tively.

(d) Reverse-current protection shall be provided at storage-battery
charging stations to prevent the storage batteries from energizing the
power circuits in the event of power failure.

§ 45.1-78. (a) All underground power wires and cables shall have
adequate current-carrying capacity, shall be guarded from mechanical
injury and installed in a permanent manner.

(b) Wires and cables not incased in armor shall be supported by well
installed insulators and shall not touch combustible materials, roof, or
ribs; provided, however, that this shall not apply to ground wires, grounded
power conductors, and trailing cables.

(c) Power wires and cables installed in rope-and-belt-haulage slopes
shall be insulated adequately and buried in a trench not less than twelve
inches below combustible material, unless encased in armor or otherwise
fully protected against mechanical injury.

(d) Splices in power cables shall be made in accordance with the
following:

(1) Mechanically strong with adequate electrical conductivity.

(2) Effectively insulated and sealed so as to exclude moisture.

(3) If the cable has metallic armor, mechanical protection and elec-
ae conductivity equivalent to that of the original armor shall be pro-
vide

(e) All underground transmission cables shall be:

(1) Installed only in regularly inspected airways.

(2) Covered, buried, or placed on insulators so as to afford protection
against damage by derailed equipment if installed along the haulage road.

Guarded where men regularly work or pass under them unless
they are six and one-half feet or more above the floor or rail, or well
insulated.

(4) Securely anchored, properly insulated, and guarded at ends.

(5) Covered, insulated or placed to prevent contact with trolley and
other low-voltage circuits.

(f) All power wires and cables shall be insulated adequately where
they pass into or out of electrical compartments, where they pass through
doors and stoppings, and where they cross bare power wires.

(g) Where track is used as a power conductor:

(1) Both rails of main-line tracks shall be welded or bonded at
every joint, and cross bonds shall be installed at intervals of not more than
two hundred feet. If the rails are paralleled with a feeder circuit of like
polarity, such paralleled feeder shall be bonded to the track rails at inter-
vals of not more than one thousand feet.

(2) At least one rail on secondary track-haulage roads shall be weld-
ed or bonded at every joint, and cross bonds shall be installed at intervals of
not more than two hundred feet.

(3) Track switches on entries shall be well bonded.

(4) In rooms where electric equipment is dependent upon the room
track rails as a power conductor, rail joints shall be secured by means of
fish plates, angle bars, or the equivalent, and at least one rail shall be
bonded at each joint; provided, however, that rails in rooms in gassy mines
shall not be used as power conductors.

(h) All power circuits and electric equipment shall be deenergized
before repairs are made; provided, however, that employees may, where
necessary, repair energized trolley wires if they wear insulated shoes and
lineman’s gloves. This does not prohibit qualified repairmen from having
power on equipment for making checks on such equipment.

(i) Trolley wires and trolley feeder wires shall be installed on the
side of the entry opposite the clearance space and shelter holes, except
ii _ wires are guarded or six and one-half feet or more above the top
of the rail.

(j) Trolley-wire hangers shall be so spaced that the wire may be-
come detached from any one hanger without creating a shock hazard.

(k) Trolley wires shall be aligned properly and installed on insulated
hangers at least six inches outside the rail.

(1) Trolley wires and trolley feeder wires installed after the effective
date of this act shall be provided with cut-out switches at intervals of not
more than fifteen hundred feet and near the beginning of all branch lines.

(m) Trolley wires and trolley feeder wires shall be kept taut and not
permitted to touch the roof, ribs, timbers or any combustible material.

(n) Trolley wires and trolley feeder wires shall be guarded ade-
quately at both sides of doors and at all places where it is necessary to work
or pass under them unless they are more than six and one-half feet above
the top of the rail.

(o) Trolley wires and trolley feeder wires shall not be installed in
rooms in gassy mines.

(p) Trolley wires and trolley feeder wires shall not extend beyond
any open breakthrough between intake and return airways, and shall be
kept at least one hundred fifty feet from any active, open pillar workings.

(q) Trolley wires and trolley feeder wires shall be guarded, anchored
securely, and insulated properly at the ends.

(r) Trolley wires and trolley feeder wires shall be installed only in
intake air in gassy mines.

(s) In any new mine or any old mine that may be reopened and re-
equipped after the effective date of this act, trolley wires or other exposed
conductors shall not carry more than three hundred volts.

§ 45.1-79. (a) All metallic sheaths, armors, and conduits enclosing
power conductors shall be electrically continuous throughout and shall be
grounded effectively.

(b) Metallic frames, casing, and other enclosures of stationary elec-
tric equipment that can become “alive” through failure of insulation or by
contact with energized parts shall be grounded effectively or equivalent
protection shall be provided.

(c) When electric equipment is operated from three-phase alter-
nating current, circuits originating in transformers connected to provide
a neutral point, a continuous grounding conductor of adequate size shall be
installed and connected to the neutral point and to the frames of the power-
utilizing equipment. Such grounding conductors shall be grounded at the
neutral point and at intervals along the conductor if feasible. A suitable
circuit breaker or switching device shall be provided having a ground-
trip coil connected in series with the grounding conductor to provide
effective ground-fault tripping.

§ 45.1-80. (a) Automatic circuit breaking devices or fuses of the
correct type and capacity shall be installed so as to protect all electric
equipment and power circuits against excessive overload; provided, how-
ever, that this does not apply to locomotives operated regularly on grades
exceeding five per centum. Wires or other conducting materials shall not
be used as a substitute for properly designed fuses, and circuit breaking
devices shall be maintained in good operating condition.

(b) Operating controls, such as switches, starters, and switch but-
tons, shall be so installed that they are readily accessible and can be oper-
ated without danger of contact with moving or live parts.

(c)} Disconnecting switches shall be installed underground in all
main power circuits within approximately five hundred feet of the bottoms
of shafts and boreholes, and at other places where main power circuits
enter the mine.

(d) Electric equipment and circuits shall be provided with switches
or other controls of safe design, construction and installation.

(e) Dry wooden platforms, insulating mats, or other electrically
nonconductive material shall be kept in place at each switchboard, power-
control switch, and at stationary machinery where shock hazards exist.

(f) Resistors or rheostats shall be installed in such a manner as not
to ale a fire hazard, and shall be guarded adequately against personal
contact.

(zg) When not in use, power circuits underground shall be deener-
gized on idle days and idle shifts or protected against short-circuits in
accordance with the load on such circuits.

(h) Electric parts, such as switches, circuit breakers, rheostats,
relays and fuses, shall be installed on switchboards or mounted on incom-
bustible bases of slate or equivalent insulating material.

(i) Switchboards installed after the effective date of this act shall
be located so that ample room will be provided between the switchboard
and passageways or lanes of travel and shall have an entrance at each end
to permit authorized persons to inspect, adjust, or repair apparatus back
of the board. Switchboards shall have the entrance to the rear guarded
peemnse entrance of unauthorized persons, unless in a building that is kept

ed.

(j) Switchboards shall be well lighted for switch operations in the
front and for repair and maintenance in the rear.

Rooms housing switchboards shall not be used for the storage of
combustible materials, and shall be kept free of debris and refuse.

(1) Suitable danger signs shall be posted conspicuously at all high
potential switchboard installations.

_§ 45.1-81. (a) Telephone service or equivalent two-way communi-
cation facilities shall be provided between the top and each landing of main
shafts and slopes. Adequate communication systems shall be provided to
other active sections of the mine.

__. (b) Telephone lines, other than cables, shall be carried on insulators,
Installed on the opposite side from power or trolley wires, and where they
cross power or trolley wires, they shall be insulated adequately.

(c) Lightning arrestors shall be provided at the points where tele-
phone circuits enter the mine and at each telephone on the surface.

(d) Ifacommunication system other than telephones is used and its
operation depends entirely upon power from the mine electric system,
means shall be provided to permit continued communication in event the
mine electric power fails or is cut off.

§ 45.1-82. (a) Signal wires shall be supported on insulators where
they cross power lines. .

(b) Bare signal wires that are readily accessible to personal contact
shall not carry more than thirty volts.

§ 45.1-83. (a) Electric equipment purchased for or transferred to
any gassy mine after the effective date of this act for use in other than
Intake air shall be permissible equipment approved by the United States
Bureau of Mines.
(b) Permissible equipment used in gassy mines shall be maintained
in permissible condition.

(c) Electric equipment shall not be taken into or operated in any
place where methane can be detected with a flame safety lamp.

In all gassy mines, inspections for methane shall be made before
any electrically driven equipment is taken or operated inby the last open
breakthrough, and tests shall be made for methane at least once every
thirty minutes while such equipment is in operation, or oftener, if neces-

(e) Underground installations of electric face equipment shall not
exceed three hundred volts direct current. AC installations shall be con-
sistent with advanced technology, provided with the necessary safety
devices and components and the installations of such equipment shall be
subject to the approval of the Chief.

§ 45.1-84. (a) Trailing cables purchased for or transferred to any
mine after the effective date of this act for use underground shall be
flame-resistant cables.

(b) Trailing cables shall be provided with suitable short-circuit pro-
tection and means of disconnecting power from the cable. In gassy mines,
power connections made in other than intake air shall be by means of
permissible connectors.

(c) Temporary splices in trailing cables shall be made in a work-
manlike manner, mechanically strong, and well insulated.

(d) The number of temporary, unvulcanized splices in a trailing
cable shall be limited to six, and to three in a hand cable.

(e) Permanent splices in trailing cables shall be made as follows:

(1) Mechanically strong with adequate electrical conductivity and
flexibility.

(2) Effectively insulated and sealed so as to exclude moisture.

(8) The finished splice shall be vulcanized or otherwise treated with
suitable materials to provide flame-resistant properties and good bonding
to the outer jacket.

(f) Trailing cables shall be protected against mechanical injury.

§ 45.1-85. (a) Electric equipment and wiring shall be inspected by
a competent person at least once a month and more often if necessary to
assure safe operating conditions, and any defect found shall be corrected.

§ 45.1-86. (a) Electric-light wires shall be supported by suitable
insulators or installed in conduit, fastened securely to the power conduc-
tors and shall not contact combustible materials.

(b) Electric lights shall be installed so that they do not contact
combustible materials.

(c) Lamp sockets with exposed metal parts shall not be used under-

ground.

§ 45.1-87. (a) Thecutter chains of mining machines shall be locked
securely by mechanical means or electrical interlocks while such machines
are parked or being trammed.

(b) Drilling in rock shall be done wet, or other means of dust control
shall be used. ,

(c) Electric drills or other electrically operated rotating tools in-
tended to be held in the hands shall have the electric switch constructed
so as to break the circuit when the hand releases the switch or shall be
equipped with properly adjusted friction or safety clutches.

§ 45.1-88. (a) The following shall be guarded adequately:

(1) Gears, sprockets, pulleys, fan blades or propellers, friction de-
vices and couplings with protruding bolts or nuts.

(2) Shafting and projecting shaft ends that are within seven feet
of floor or platform level.
latfien Belt, chain or rope drives that are within seven feet of floor or
platform.

(4) Fly wheels. Where fly wheels extend more than seven feet
above the floor, they shall be guarded to a height of at least seven feet.

(5) Circular and band saws and planners.

(6) Repair pits. Guards shall be kept in place when the pits are
not in use.

(7) Counterweights.

(8) Mine fans. The approach shall be guarded.

(b) Machinery shall not be repaired or oiled while in motion; pro-
vided, however, that this shall not apply where safe remote oiling devices
are used.

(c) <A guard or safety device removed from any machine shall be
replaced before the machine is put in operation.

(d) Mechanically operated grinding wheels shall be equipped with:

(1) Safety washers and tool rests.

(2) Substantial retaining hoods, the hood opening of which shall
not expose more than a ninety degree sector of the wheel.

(3) Eyeshields, unless goggles are worn by the operators.

§ 45.1-89. (a) Each mine shall be provided with suitable fire-
fighting equipment, adequate for the size of the mine, such as supplies of
rock dust at doors and at other strategic places, water lines and hose, or
water or chemical trucks, and fire extinguishers.

(b) Clean dry sand, rock dust, or fire extinguishers, suitable from a
toxic and shock standpoint, shall be provided and placed at each electrical
station, such as substations, transformer stations and permanent pump
stations, so as to be out of the smoke in case of a fire in the station, and
suitable fire extinguishers shall be provided on all self-propelled mobile
equipment, at belt heads, and at the inby end of belts.

(c) An examination for fire shall be made after every blasting
operation underground. | |

(d) Should a fire occur, the person discovering it and any person in
the vicinity of the fire shall make a prompt effort to extinguish it.

(e) When a fire that may endanger the men underground cannot
nn extinguished immediately, the men shall be withdrawn promptly from

e mine.

(f) Immediately upon knowledge of serious fire in or about a mine,
the operator shall report by the quickest available means to the Chief,
giving all information known to him. Based on the information, the Chief
shall take prompt action to go in person or dispatch qualified subordinates
to the scene of the fire for consultation, and assist in the extinguishing of
the fire and the protection of exposed persons. In the event of a difference
of opinion as to measures required, the decision of the Chief or his desig-
nated subordinate shall be final, but must be given to the operator in
writing to have the force of an order.

(g) Underground storage places for oil, grease and flammable
hydraulic fluid shall be of fireproof construction.

Oil, grease and flammable hydraulic fluid kept underground for
current use shall be in closed metal containers.

(i) Provisions shall be made to prevent accumulation of spilled oil
or grease at the storage places or at the locations where such materials are
used.

(j) Belt conveyors shall be equipped with control switches to auto-
matically stop the driving motor in the event the belt is stopped by slipping
on the driving pulley, by breakage or other accident.

_ § 45.1-90. (a) No gasoline, benzine, kerosene or other flammable
oils shall be used underground in powering machinery, except that equip-
ment powered by Diesel engines, approved by the Chief before installation,
may be used underground in the operation of other than coal mines, and
except as hereinafter provided. :

(b) Internal combustion engines shall not be permitted underground
in any coal mine except with the written approval of the Chief. The Chief
may in his discretion approve Diesel-powered locomotives, shuttle cars, or
other equipment, which may be operated only upon his written permission
and under such rules as he may promulgate.

§ 45.1-91. An accurate map of the mine showing clearly all avenues
of ingress and egress in case of emergency shall be posted in a place
accessible to all employees.

§ 45.1-92. The drilling and sealing of oil and gas wells penetrating
vr beds or open workings of mines shall be done in compliance with

45.1-127.

§ 45.1-93. It shall further be the duty of the mine foreman to
have boreholes kept not less than twenty feet in advance of the face, and
where necessary, one each cut on sides of the working places that are
being driven toward and dangerous proximity to, an abandoned mine or
part of mine which may contain flammable gas or which is filled with
water. These holes shall be drilled whenever any working place in an
underground mine approaches within fifty feet of abandoned workings in
such mine as shown by surveys made and certified by a competent engineer
or surveyor, or within two hundred feet of any other abandoned workings
of such mine, which cannot be inspected. These holes must be drilled not
more than fifteen feet apart.

§ 45.1-94. (a) Two available openings to the surface are required
from each seam or stratum of coal worked. In drift or slope mines, these
openings provided after the effective date of this act, must be separated
by not less than fifty feet of natural strata, and all connections between
them not used for the coursing of air, travel or haulage, shall be closed with
stoppings of fireproof material. In shaft mines these openings provided
after the effective date of this act, must be separated by not less than two
hundred feet of natural strata. The second opening may be made through
an adjoining mine. Until these provisions are met, not over twenty men
shall work in the mine at one time, and no additional development shall be
permitted until the connection is made to the second opening. In mines
wherein final pillar robbing operations necessitate closing the second open-
ing, the above limitations as to number of men permitted to work will
apply until the mine is worked out and abandoned.

( Both openings shall be kept in good condition, and shall at all
times be reasonably safe and convenient for entering and leaving the
mine. At all points where the passageway to the escapeway or escapement
shaft is intercepted by roadways, entries or other passageways, conspic-
uous signboards shall be placed to indicate the direction to the place of

exit.
45.1-95. (a) New shafts and partitions therein made after the
effective date of this act shall be as nearly fireproof as is practicable.

(b) Mine openings, where there is danger of fire entering the mine,
shall have adequate protection against surface fires or dangerous volume
of smoke entering the mine. |

(c) There shall be at least two travelable passageways out of each
section of each mine, one of which may be the haulage road.

(d) Escapeways shall be equipped with stairways, ladders, cleated
walkways or other means may be approved by the Chief when needed,
installed in such manner that men using them in emergencies may do 80
quickly and without undue hazard. Direction signs shall be posted con-
splicuously to indicate manways and designated escapeways.

(e) All unused, abandoned, and isolated surface openings shall be
effectively protected against unauthorized entrance.
45.1-96. (a) All persons underground shall use only permissible
electric lamps for portable illumination.

(b) Light bulbs on extension cables shall be guarded adequately.

§ 45.1-97. Each mine shall have a check-in and check-out system that
will provide positive identification upon the person of every individual
underground. An accurate record of the men in the mine which shall
consist of a written record, check board, Jamp check, or a time-clock record,
shall be kept on the surface in a place that will not be affected in the
event of an explosion. Said record shall bear a number identical to the
identification check carried by the person underground.

§ 45.1-98. (a) Smoking, the carrying of matches, other flame-mak-
ing devices, and smokers’ articles and the intentional creation of any
arc, spark or open flame, except as provided in the following subsection,
shall be prohibited in all mines.

(b) Welding and cutting with arc or flame or soldering underground
in other than fireproof enclosure ventilated with intake air shall be done
under the direct supervision of a competent person who shall test for
methane before and during such operations in gassy mines and shall make
a diligent search for fire after such operation in all mines. Rock dust or
suitable fire extinguishers shall be immediately available during such weld-
ing or cutting.

§ 45.1-99. (a) All persons shall wear protective hats while under-
ground and also while on the surface where falling objects may cause
injury.

(b) Protective footwear shall be worn by employees, officials, and
others while on duty in and around a mine where falling objects may
cause injury.

(c) All employees inside or outside of mines shall wear approved-
type goggles or shields where there is a hazard from flying particles.

(d) Welders and helpers shall use proper shields or goggles to pro-
tect their eyes.

(e) Employees engaged in haulage operations and other persons
employed around moving equipment on the surface and underground shal]
wear snugfitting clothing.

__ (f£) Protective gloves shall be worn when material which may in-
jure the hands is handled, but gloves with gauntlet cuffs shall not be
worn around moving equipment.

__ (g) Men exposed for short periods to gas-, dust-, fume-, and mist-
inhalation hazards shall wear permissible respiratory equipment. When
the exposure is for prolonged periods, other measures to protect work-
men or to reduce the hazard shall be taken.

§ 45.1-100. Oily rags, oily waste, and waste paper shall be kept in
closed metal containers until removed for disposal.

__ § 45.1-101. (a) Each mine shall have an adequate supply of first-
ald equipment as determined by the Chief, and such supplies shall be
located on the surface, at the bottom of shafts and slopes, and at other
strategic locations near the working faces. The first-aid supplies shall be
encased in suitable sanitary receptacles designed to be reasonably dust-
tight and moisture-proof and shall be available for use of all persons
employed in the mine. In addition to the material in the cases, blankets,
splints, and properly constructed stretchers in good condition shall be
provided. No first-aid material shall be removed or diverted without au-
thorization except in case of injury in or about the mine. —

(b) When an injury occurs underground, the injured person shall
be brought promptly to the surface. Prompt medical attention shall be
provided in the event of injury, and adequate facilities shall be made
available for transporting injured persons to a hospital where necessary.
phur or other minerals, within this Commonwealth, shall open or sink,
dig, excavate or work in any mine or shaft on such land within five feet
of the line dividing such land from that of another person, without the
consent, in writing, of every person interested in or having title to such
adjoining lands in possession, reversion or remainder, or of the guardian
of any such person as may be an infant. If any person violates this
section, he shall forfeit five hundred dollars to the party injured or to
anyone whose consent is required but not obtained.

§ 45.1-103. (a) The owner, tenant, or occupant of any land on
which a coal or other mine is opened and worked, or his agent, shall
permit any person interested in or having title to any land conterminous
with that in which such mine is, if he has reason to believe his property is
being trespassed, to have ingress and egress with surveyors and assistants
to explore and survey such mine at his own expense, not oftener than
once a month, for the purpose of ascertaining whether or not the preceding
section has been violated. Every owner, tenant, occupant or agent who
shall refuse such permission, exploration or survey, shall forfeit twenty
dollars for each refusal, to the person so refused.

(b) The judge of the court not of record in the county in which such
mine is, before whom complaint of such refusal shall be made, may issue
a summons to such owner, tenant, occupant or agent, to answer such
complaint. On the return of the summons executed, and proof that the
complainant has right of entry, and that it has been refused without
sufficient cause, the judge shall designate an early and convenient time
for such entry to be made, and issue his warrant, commanding the sheriff
of the county to attend and prevent obstructions and impediments to such
entry, exploration and survey. The costs of such summons, and a fee of
three dollars to the sheriff executing the warrant, shall be paid by the
person whose refusal caused the complaint. But if the court dismiss the
complaint, the costs shall be paid by the party making it.

§ 45.1-104. (a) Nothing in this title shall be so construed as to
relieve the mine owner or operator from seeing that all of the provisions
of this title are strictly complied with, nor from the duty imposed at
common law to secure the reasonable safety of their employees and, in the
performance of those duties that are nonassignable at common law, as
well as those duties required by this title, the mine foreman, assistants,
or fire boss, shall be considered as acting for the mine owner or operator
as a vice principal.

(b) The Chief shall have the authority to make rules and regula-
tions, in writing, not inconsistent with the provision of this title, to
take care of hazardous conditions, if and when the need arises, not covered
by the specific provisions of this title.

§ 45.1-105. (a) Any operator, company or corporation, or any
mine superintendent, inspector, engineer, mine foreman, agent or em-
ployee, who is charged with the making of maps or other data to be
furnished as provided in this title, and who does not correctly show,
within the limits of error, the data required, or who knowingly makes
any false statement or return in connection therewith, 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 Chief, or any inspector, or any operator, mine superin-
tendent, mine foreman, or other employees of any mining company, or
any other person, who shall willfully violate any of the provisions of this
title, shall be guilty of a misdemeanor, and, upon conviction thereof, shall,
unless a different penalty is expressly provided in this title, be fined not
less than twenty-five dollars nor more than five hundred dollars, or be
imprisoned in jail not Jess than ten days nor more than one year, in the
discretion of the court, or jury, trying the case.

(c) It shall be the duty of the Commonwealth’s Attorney of the
appropriate county or city, upon the request of the Chief, or any of his
deputies, to prosecute any violation of any law which it is the duty of the
Chief to have enforced.

§ 45.1-106. As used in §§ 45.1-106 through 45.1-144 unless the con-
text clearly indicates otherwise:

(a) “Casing” means a string or strings of pipe commonly placed
in wells drilled for petroleum and natural gas;

(b) “Casing-head gas” means any gas or vapor, or both gas and
a ee to an oil stratum and produced from such stratum
with oil;

(c) “Cement” means hydraulic cement properly mixed with water

only;

(d) ‘Chief’ means the Chief Mine Inspector;

(e) “Coal operator’ means any person or persons, firm, partner-
ship, partnership association or corporation that proposes to or does
operate a coal mine;

(f) “Commissioner” means the Commissioner of the Department
of Labor and Industry;

(g) “Division” means the Division of Mines;

(h) “Gas” means the natural gas including casing-head gas ob-
tained from gas or combination wells regardless of its chemical analysis;

(i) “Log” or “well log’ means the written record progessively
describing all strata, water, oil or gas encountered in drilling, depth
and thickness of each bed or seam of coal drilled through, quantity of oil,
volumes of gas, pressures, rate of fill-up, fresh and salt water-bearing
horizons and depths, cavings strata, casing records, etc., as is usually
recorded in the normal procedure of drilling; also includes the electrical
survey records or logs;

(j) “Mine” means an underground or surface excavation or develop-
ment with or without any shafts, slopes, drifts or tunnels for the extrac-
tion of coal, minerals or nonmetallic materials, commonly designated as
mineral resources (excluding petroleum and natural gas), containing the
same with hoisting or haulage equipment and appliances for the extrac-
tion of the said mineral resources; and embraces any and all of the
land or property of the mining plant, and the surface and underground,
that is used or contributes directly or indirectly to the mining property,
concentration or handling of said mineral resources ;

(k) “Mine operator’ means any person or persons, firm, partner-
ship, partnership association or corporation that proposes to or does oper-
ate a mine;

(1) ‘“Mud-laden fluid’ means any approved mixture of water and
clay or other material as the term is commonly used in the industry
which will effectively seal the formation to which it is applied;

(m) “Natural gas” (See Gas)

(n) “Oil” means crude petroleum oil or petroleum; _

(0) “Operator” means any person who, duly authorized, is in charge
* the ne of a lease, drilling activities or the operator of a pro-

ucing well;

_ (p) “Person” means any natural person, firm, partnership, partner-
ship association, association, company, corporation, receiver, trustee,
guardian, executor, administrator, fiduciary or representative of any kind;

(q) “Petroleum” means the natural untreated oil obtained from
an oil well;

_ (r) “Pillar” means a solid block of coal or ore or other materia].
(s) “Pipe line’ means any pipes above or below the ground used
or to be used for the transportation of oil or gas; _

(t) “Plat” or “map” means a map, drawing or print showing the
location of a well or wells, mines, quarries ; _

(u) “Plug” means the stopping of the flow of water, gas or oil in
connection with the abandoning of a producing or nonproductive well;

(v) “Porosity” means the state of or quality of being porous, the
absorbent capacity of the material or the volume of liquid held by the

res; ;

(w) “Shot” or “shooting” means exploding nitroglycerine or other
high explosive in a hole, to shatter the rock and increase the flow of
oil or gas; ;

(x) “Tubing” means the conduit through which oil or gas is removed
from a well; ; ;

(y) “Waste”, in addition to its ordinary meaning, means “physical
waste” as that term is generally understood in the oil and gas industry ;

(z) “Well” means a bore hole or excavation for the purpose of pro-
ducing any liquid or gaseous substance from beneath the surface of the
eartn ,
(aa) “Well operator’ means any person or persons, firm, partner-
ship, partnership association or corporation that proposes to or does locate,
drill, operate or abandon any well as herein defined ;

(bb) “Workable coal bed” means a coal bed in fact being operated
commercially, or which, in the judgment of the Chief, can, and that is
reasonably to be expected will be so operated, and which, when operated,
will require protection if wells are drilled through it.

§ 45.1-107. All rules and regulations promulgated by the State Oil
and Gas Board shall continue in effect until suspended, revoked or super-
seded in accordance with law, and all references therein to the State Oil
and Gas Board shall be deemed to apply to the Chief and the State Oil
and Gas Board shall transfer to the Chief all of its property together with
all reports, logs, records, papers and registrations of any kind whatso-
ever pertaining to the administration of the provisions of this title.

Powers and duties heretofore vested in the State Oil and Gas Board,
except such powers and duties as are specifically otherwise delegated and
imposed by this act, are hereby vested in the Chief.

§ 45.1-108. The Chief shall be charged with the enforcement of the
laws of Virginia relating to exploration for and the production and trans-
portation of oil and gas. He shall have power to require that the drill-
ing, redrilling, deepening, casing, completion, plugging and abandonment
of wells be done in such a manner as to prevent the escape of oil or gas
eut of one stratum to another and the unnecessary escape or waste of oil
or gas; to prevent the intrusion of water into an oil or gas stratum from
@ separate stratum; to prevent the pollution or contamination of fresh
water supplies by oil, gas or salt water; to require reports, maps, well
logs and other pertinent information on oil and gas wells; and generally
to prevent waste as hereinafter set forth. He shall hold hearings and
make rules and regulations necessary to carry out the provisions of thi
an and shall have such further powers as are conferred upon him by this
aC

__§ 45.1-109. The Chief shall exercise supervision over the location,
drilling, deepening, casing, completion, production, abandonment, plug-
ging and filling of all wells and over all mining operations in close
proximity to any well and any agent of the Division shall have such
access to the plans, maps, logs, and such other records and to all such
properties of the well operators and mine operators as may be necessary
or proper for this purpose. The Chief may require the submission of
reports on production of oil and gas at regular intervals and the placing
cH. 594) ACTS OF ASSEMBLY 918

of meters at places designated by him to prevent waste or obtain ac-
curate records of production and transportation of oil or gas.

- § 45.1-110. The Commissioner shall appoint as oil and gas inspectors
to assist the Chief in carrying out the provisions of this act, those of the
Chief’s assistants who are qualified petroleum geologists or mining en-
gineers with practical knowledge of and experience in the location, drill-
ing, casing, operation, maintenance, plugging and abandonment of oil and
gas wells.

§ 45.1-111. The oil and gas inspectors shall, under the direction of
the Chief enforce the oil and gas laws of this State; observe drilling,
casing, development and production methods, practices and procedures
used in this State; collect, analyze and file maps, charts, reports and other
information relating to exploration for or production of oil and gas and
prepare such reports thereon as are required by the Chief; seek and
maintain the collaboration of operators and producing companies in the
study of methods, practices and procedures and appliances which might
affect the quantity of oil and gas recovered, and perform such other duties
as the Chief may require.

§ 45.1-112. All persons, firms, partnerships, associations or corpo-
rations drilling, owning or operating any wells for oil or gas, or other
wells penetrating any workable beds of coal, or any of the oil or gas-
producing strata in the Commonwealth of Virginia, shall register with
the Division, giving the name and address of such person, firm, partner-
ship, association or corporation and the name and address and official
title of the person in charge of the operations in Virginia.

§ 45.1-113. Each well operator shall, within thirty days after the
completion or abandonment of any well, furnish to the Chief a copy of
the log required to be furnished the Division of Mineral Resources under
the provisions of § 10-98 of the Code of Virginia. A copy of the electrical
log of the well, if such is made, shall also be furnished. The operator shall
also make such reports as to drilling, casing, and production records of
each well as the Chief may require. Such log or logs and reports shall,
on the request of the well operator, be held confidential by the Division
for a period of ninety days after the completion of the well.

§ 45.1-114. Before drilling for oil or gas on any tract of land, the
well operator shall have prepared by a competent engineer or surveyor
and file with the Chief, together with the application required by the
next section, an accurate plat or map on a scale, to be stated thereon,
not smaller than four hundred feet to the inch, showing the proposed
location and surface elevation of the well determined by survey, the
courses and distances of such location from two permanent points or land-
marks on said tract, the name and number proposed to be given to the
well, the name of the owner and the boundaries and acreage of the tract on
which the well is to be drilled, the names of the owners of all adjoining
tracts and of any other tract within five hundred feet of the proposed
location and any building, highway, railroad, stream, oil or gas well, mine,
Mine openings or workings, or quarry within five hundred feet of the
proposed location. Copies of such plat or map shall be mailed to each such
adjacent landowner, and to each owner, or lessee, or operator of any
mineral rights on, in or under, such land or mine, well or quarry within
five hundred feet of the proposed location, by registered mail, together
with notice (on forms provided by the Chief) of his intention to drill, re-
drill or deepen the well. Each such owner, lessee, or operator shall,
within ten days from receipt of such notice, file with the Chief any
objection which he may have to the proposed location.

§ 45.1-115. Before any such well is drilled, the operator shall secure
from the Chief a permit to drill. The application for such permit shall
be accompanied by a fee of twenty-five dollars and such operator shall, in
addition, give bond in the sum of one thousand dollars, payable to tne
Commonwealth of Virginia, with surety acceptable to the Chief when
in the opinion of the Chief such is considered necessary, to insure com-
pliance with all laws and regulations relating to the drilling, redrilling,
deepening, casing, plugging and abandonment of wells and for furnishing
such reports and information as may be required by the Chief. Such
bond shall remain in force until released by the Chief. The Chief may, at
his discretion, release the bond at any time and shal] release the same when
he is satisfied that the well has been abandoned and plugged and reports
and information furnished as required by this act. When such operator
makes or has made application for permits to drill a number of wells, the
Chief on request of such operator, may, in lieu of requiring a separate
bond for each well, require a blanket bond in such sum as he deems
adequate, and the Chief may increase or reduce the amount of such bond
from time to time as he may deem proper in view of the number of wells
drilled by the particular well operator and the number of wells abandoned
and plugged in the manner prescribed herein by such operator.

§ 45.1-116. Upon the filing of an application for a permit to drill,
the Chief shall, if no objection has been made within the specified time
to such drilling by any person to whom notice is required to be sent,
issue the requested permit provided, the Chief may, in any case in
which a well is proposed to be drilled within five hundred feet of any
boundary of a tract of land, if in his opinion such drilling would cause
drainage of adjacent land, require as a condition of the granting of such
permit the making of an agreement, satisfactory to the owner or lessee
of any such adjacent land, relating to the drilling of an offset well on
such land if the proposed well produces oil or gas in commercially paying
quantities.

Any permit so issued shall recite the filing of an application for a
permit to drill and a plat or map showing the proposed location of the
well and other required information, that no objection has been made to
the proposed location by any interested person, or found by the Chief,
that the same is approved and the well operator is authorized to proceed
to drill, redrill or deepen a well at such location.

§ 45.1-117. If any objection or objections are filed by any person
having an interest in such land or adjacent lands, the Chief shall notify
the well operator of the character of the objections and by whom made
and fix a time and place for a hearing, not less than twenty nor more
than forty days after the original filing of the application for a permit
to drill, at which hearing such objections will be considered, of which
every person to whom notice was required to be sent under the provisions
of § 45.1-114 shall be given at least five days’ written notice. At such
hearing the well operator, or any person filing objections, and all other
interested persons shall proceed to consider the location and objection
thereto, and to agree upon the location either as made or so moved as to
satisfy all objections and satisfy the Chief, and any change in the original
location So agreed upon shall be indicated on the plat or map on file with
the Chief. Whereupon the Chief shall issue to the well operator a drilling
permit reciting the filing of an application for a permit to drill and a
plat or map showing the proposed location of the well and other required
information, that at a hearing duly held the location shown was agreed
upon and approved, and that the well operator is authorized to drill at such
ocation.

§ 45.1-118. If the well operator, the other interested persons pres-
ent, and the Chief are unable to agree upon a location, then the Chief shall
fix a location on such tract as near to the original location as he shall
deem proper, indicating the same on the plat or map on file with him,
and tender to the well operator a permit to drill at such new location.
which he may accept or reject. If he accepts, any interested person who
has been present and made known to the Chief his objections may object
to such new location and to the issuance of such permit; and the operator
accepting the permit may require the record of the hearing to show that
he accepts such drilling permit to drill at the location made by the Chief
as a new or additional location and not in lieu of the original location,
and that he reserves the right to appeal to the circuit court of the county
in which the original location lies for relief, and that he objects to the
refusal of the Chief to approve the original location substantially as made.

§ 45.1-119. If the requested location is such that the well would
penetrate a workable coal bed, then the Chief shall fix the location on such
tract of land as near to the requested location as possible in a pillar of
suitable size, through which the well can be drilled safely, taking into
consideration the dangers from creeps, squeezes or other disturbances
due to the extraction of coal. Should no such pillar exist, the well may be
located and drilled through open workings where, in the judgment of the
Chief, it is practicable and safe to do so, taking into consideration the
dangers from creeps, squeezes and other disturbances. The procedure in
such cases shall conform to that prescribed in § 45.1-117 and § 45.1-118.

§ 45.1-120. The Chief shall number, index and keep as a permanent
record each application, plat or map and notice filed with him and shall
record the name of the well operator, names of the persons notified and
their addresses, the date of receipt of any such application, plat or map
and of all objections filed, dates of hearings and all actions taken by
the Chief and permits issued or refused, which records shall be open to
inspection by the public.

§ 45.1-121. Any person aggrieved by any action of the Chief in
fixing or approving any location for the drilling of a well for oil or gas
or by the issuance of or refusal to issue any drilling permit, shall have
the right to apply to the circuit court of the county wherein the location
lies for review of the Chief’s decision. Such application shall be by peti-
tion, which shall be filed in the clerk’s office of such court within ten
days following such action of the Chief. The filing of the petition shall be
deemed to commence the proceeding in such court and shall, in any case
where the court is requested to review the decision of the Chief issuing a
permit to drill, suspend such permit until the case shall have been adju-
dicated by the court. The Chief shall be named a party defendant to
such petition. The case shall be heard by the court in term time or in
vacation and shall take precedence over any other civil cause, action or
proceeding on the docket. On the petition, the judge shall hear the
proceeding de novo, shall thereupon determine all matters of law and
fact without a jury and render his decision, approving, setting aside
or modifying the action of the Chief. In any such case, the Attorney
General shall represent the Chief; provided, that on request of the At-
torney General, the attorney for the Commonwealth of the county in the
circuit court of which the petition is filed shall represent the Chief in any
such proceeding.

_ _ The Chief or any party aggrieved by any such final decision of the
Judge shall have the right to apply for an appeal to the Supreme Court
of Appeals. The procedure shall be the same as that provided by law con-
cerning appeals and supersedeas.

§ 45.1-122. A well penetrating one or more workable coal beds shall
be drilled to such depth, and of such size, as will permit the placing of
casing and packers in the hole at such points and in such manner as will
exclude all fresh or salt water, oil, gas or gas pressure from the coal
bed, except such as may be found in the coal bed itself. Each string
of casing run in the hole shall be provided with a steel] casing shoe or
casing run through a workable bed of coal shall be seated in cement or
similar material approved by the Chief placed between the casing and
the hole, making an effective seal, from a point at least thirty feet below
such coal bed to a point at least twenty feet above the same. And after
any such string of casing has been so seated, drilling may proceed forth-
with to any required depth. The portion of the outer (i.e., coal-protect-
ing) casing so cemented through a coal bed shall be left in place as a
permanent opening, and shall not be pulled or removed when the other
casing is pulled or removed.

§ 45.1-123. In the event that gas is found beneath a workable coal
bed before the hole has been reduced from the size it had at the coal
bed, a packer shall be placed below the coal bed, and above the gas
horizon, and the gas by this means diverted to the inside of the adjacent
string of casing through perforations made in such casing, and through
it passed to the surface without contact with the coal bed. Should gas
be found between two workable beds of coal, in a hole of the same
diameter from bed to bed, two packers shall be placed, with perforations
in the casing between them, permitting the gas to pass to the surface
inside the adjacent casing. In either of the cases here specified, the
strings of casing shall extend from their seats to the top of the well.

§ 45.1-124. In the event that a well becomes productive of oil or
gas all coal-protecting strings of casing shall remain in place during the
life of the well. During the life of the well the annular spaces between the
various strings of casing adjacent to workable beds of coal shall be kept
open, and the top ends of all such strings shall be provided with casing
heads, or such other suitable devices approved by the Chief as will permit
the free passage of oil and gas and prevent filling of such annular spaces
with dirt or debris.

§ 45.1-125. Where or when a well is drilled through the horizon
of a coal bed from which the coal has been removed, the hole shall be
drilled at least thirty feet below the coal bed, of a size sufficient to permit
the placing of a liner which shall start not less than twenty feet beneath
the horizon of the coal bed and extend not less than twenty feet above it.
Within this liner, which may be welded to the casing to be used, shall be
centrally placed the largest sized casing to be used in the well, and the
space between the liner and casing shall be filled with cement as they are
lowered into the hole. Cement shall be placed in the bottom of the hole to
a depth of twenty feet to form a sealed seat for both liner and casing.
Following the setting of the liner, drilling shall proceed in the manner
provided above. Should it be found necessary to drill through the horizon
of two or more workable coal beds from which the coal has been removed,
such liner shall be started not less than twenty feet below the lowest
such horizon penetrated and shall extend to a point not less than twenty
feet above the highest such horizon.

§ 45.1-126. In the event that a permit is requested to drill a well for
oil or gas in such a location that it would penetrate any active or aban-
doned mine other than a coal mine, the Chief may by regulation establish
the safety precautions to be followed by the well operator, which shall
conform to standard safety measures generally followed in the industry
in such cases, and may require, as a specific condition of the bond re-
quired of the operator, compliance with the regulations so promulgated.

§ 45.1-127. Before removing any coal or other mineral, or extend-
ing any mine workings or mining operations within five hundred feet of
any well, or under any tract of land in visible possession of a well op-
erator for the purpose of drilling for oil or gas, the mine operator shall
give notice by registered mail to the well operator and to the Chief and
forward therewith an accurate map or maps on a scale, to be stated
thereon, of one hundred to four hundred feet to the inch showing its mine
workings and projected mine workings beneath such tract of land or
within five hundred feet of such well. Following the giving of such notice
and the furnishing of such map or maps, the mine operator may proceed
with mining operations as projected on such map or maps, but shall not
remove any coal or other mineral or conduct any mining operations
nearer than two hundred feet to any completed well or well that is being
drilled, or for the purpose of which drilling a derrick is being con-
structed, without the consent of the Chief.

Application may be made at any time to the Chief by the mine
operator for leave to conduct mining operations within two hundred feet
of any such well or projected well on forms furnished by the Chief and
containing such information as the Chief may require. Such application
shall be accompanied by a map or maps as above specified showing all
mining operations or workings projected within two hundred feet of the
well or projected well. Notice of such application shall be sent by regis-
tered mail to the well operator. The Chief may, prior to considering the
application, make or cause to be made any inspections or surveys which
he deems necessary, and may, if no objection is filed by the well operator,
grant the request of the mine operator to conduct the mining operations
as projected, or with such modifications as he may deem necessary.

The operator of the well or projected well affected may, within ten
days of the filing of such application by the mine operator, file with the
Chief his objections to such projected mining operations, in which event
the Chief shall, not less than twenty days nor more than forty days
after the filing of the application, set a time and place for a hearing at
which he will consider such application, and the objections thereto, of
which at least five days’ notice shall be given to the miner operator and
the well operator. The Chief shall, after a full hearing, at which the
well operator and mine operator shall be permitted to offer any competent
and relevant evidence, grant the request of the mine operator or refuse to
grant the same, or make such other decision with respect to such pro-
posed further operations in the vicinity of any such well or projected well
as in his judgment is just and reasonable under all the circumstances, The
Chief shall keep a record of aJl such proceedings.

From any such final decision or order of the Chief either the well
operator or mine operator, or both, may, within ten days, appeal to the
circuit court of the county in which the well about which approval of
such further operations is involved is located. The procedure in the cir-
cuit court shall be substantially as provided in § 45.1-121. From any final
order or decree of the circuit court, an appeal may be taken to the Supreme
Court of Appeals as heretofore provided.

§ 45.1-128. Prior to the abandonment of any well, the well operator
shall notify, by registered mail, the persons to whom notices are required
to be given by § 45.1-114, and the Chief, of his intention to plug and
abandon any such well (using such form of notice as the Chief may pro-
vide), giving the name and number of the well and its location and fixing
the time at which the work of plugging and filling will be commenced,
which time shall not be less than seven days after the day on which such
notice is mailed, together with a complete log of the well and a work
order showing in detail the proposed manner of plugging said well, in or-
der that a representative of the Chief and any interested persons may
be present at the plugging and filling of the well. Whether such repre-
sentative or persons appear or do not appear, the well operator may
proceed at the time fixed to plug and fill the well in the manner herein-
after prescribed. When such plugging and filling have been completed,
an affidavit, in triplicate, shall be made (on a form to be furnished by
the Chief) by two experienced men who participated in the work, in
was plugged and filled and the placement of a permanent marker as re-
quired in § 45.1-130. One copy of this affidavit shall be retained by the
well operator, one sent to the mine owner or operator, and the third shall
be mailed to the Chief. When a producing oil or gas well is to be capped
by the well operator, such well operator shall give notice to all persons
to whom notices are required to be given by § 45.1-114, and to the Chief,
of his intention to cap such well, giving the name and number of the well
and its location, which notices shall be given not less than seven days be-
fore the date of capping of the said well. ;

§ 45.1-129. Upon the abandonment or cessation of the operation
of any well drilled for oil or gas, the well operator, at the time of such
abandonment, or cessation, shall immediately fill and plug the well in the
following manner:

(a) Where or when the well does not penetrate workable coal beds,
it shall either be filled with mud, clay or other nonporous material ap-
proved by the Chief from the bottom of the well to a point twenty feet
above the top of its lowest oil, gas or water-bearing stratum; or a perma-
nent bridge shall be anchored thirty feet below its lowest oil, gas or water-
bearing stratum, and from such bridge it shall be filled with mud, clay
or other nonporous material approved by the Chief to a point twenty
feet above such stratum; at this point there shall be placed a plug of
cement or other suitable material which will completely seal the hole.
Between this sealing plug and a point twenty feet above the next higher
oil, gas or water-bearing stratum, the hole shall either be filled, or bridged
and filled, in the manner just described; and at such point there shall be
placed another plug of cement or other suitable material which will com-
pletely seal the hole. In like manner the hole shall be filled and plugged,
or bridged, filled and plugged with reference to each of its oil, gas or
water-bearing strata. However, whenever such strata are not widely
separated and are free from salt or fresh water, they may be grouped
and treated as a single sand, oil or gas horizon, and the aforesaid filling
and plugging be performed as though there were but one horizon. After
the plugging of all oil, gas or salt or fresh water-bearing strata, as afore-
said, a final plug shall be anchored approximately ten feet below the bot-
tom of the largest casing in the well; from this point to within two feet
of the surface the well shall be filled with mud, clay or other nonporous
material approved by the Chief. In case any of the oil or gasbearing
strata in a well shall have been shot, thereby creating cavities which
cannot readily be filled in the manner above described, the well operator
shall follow either of the following methods:

(1) Should the stratum which has been shot be the lowest one
in the well, there shall be placed at the nearest suitable point, but not less
than twenty feet above the stratum, a plug of cement or other suitable
material which will completely seal the hole. In the event, however, that
the shooting has been done above one or more oil or gas-bearing strata
in the well, plugging in the manner specified shall be done at the nearest
suitable points, but not less than twenty feet below and above each stratum
shot. Or (2), when such cavity shall be in the lowest oil or gas-bearing
stratum in the well, a liner shall be placed which shall extend from below
the stratum to a suitable point, but not less than twenty feet above the
stratum in which shooting has been done. In the event, however, that the
shooting has been done above one or more oil or gas-bearing strata in the
well, the liner shall be so placed that it will extend not less than twenty
feet above, nor less than twenty feet below, each stratum in which shoot-
ing has been done. Following the placing of the liner in the manner here
specified, it shall be completely filled with cement, mud, clay or other
nonporous sealing material approved by the Chief.

(b) Where the well has penetrated one or more workable coal beds,
it shall be filled and securely plugged in the manner aforesaid, to a point
forty feet below the lowest workable coal beds, unless, in the judgment of
either the well operator, or the coal operator or the Chief, a permanent out-
let to the surface is required. In the event such an outlet is required, it
shall be provided in the following manner: A plug of cement, or other
suitable material, shall be placed in the well at a suitable point, not less
than thirty feet below the lowest workable coal bed. In this plug and
passing through the center of it shall be securely fastened an open
pipe not less than two inches in diameter, which shall extend to the sur-
face. At or above the surface the pipe shall be provided with a device
which will permit the free passage of gas, and prevent obstruction of
the same. Following the setting of the cement plug and outlet pipe as
aforesaid, the hole shall be filled with cement to a point twenty feet above
the lowest workable coal bed. From this point the hole shall be filled with
mud, clay or other nonporous material approved by the Chief to a point
thirty feet beneath the next overlying workable coal bed, if such there
be, and the next succeeding fifty feet of the hole filled with cement, and
similarly, in case there are more overlying workable coal beds. If, in the
judgment of the well operator, the coal operator and the Chief, no outlet
to the surface is considered necessary, the plugging, filling and cementing
shall be as last above described.

§ 45.1-180. Upon the completion of the plugging and filling of an
abandoned well, a permanent monument or marker of concrete or iron and
concrete shall be erected over the location; the marker shall extend not
less than thirty inches above the surface and enough below the surface
to make the marker permanent. The name of the person, firm, company
or corporation by whom the well was drilled and the number of the well
shall be stamped or cast or otherwise permanently affixed to said marker.
The erection of the marker shall in no way interfere with the bleeder pipe
from the well where such pipe is required as in § 45.1-129 (b). This
marker shall be accurately described on the affidavit as to the time and
manner of plugging and filling the well and will be accepted by the Chief
as a satisfactory landmark and should be used as such in the location
of adjacent wells.

§ 45.1-131. If in any well drilled for oil and gas no commercial or
paying quantity of either is obtained, but a stratum or source of portable
fresh water is encountered, which could be developed as a source of water
for municipal, industrial, or domestic use, upon request of the owner of
the property on which the well is located, on application to and approval
by the Chief the well may, in lieu of being plugged and abandoned, be
developed and completed as a water well. In such case the driller or
well operator shall be paid a reasonable sum, by the property owner
or other party desiring the well to be completed and used as a water
well, for all casing and tubing set and left in the well by the driller or
well operator.

§ 45.1-1382. Any person concluding, either as principal or agent, a
lease of lands or rights therein for drilling for or development or produc-
tion of oil or gas, shall prepare and execute such lease in duplicate; and
one copy of such lease, duly executed by the lessee, shall be furnished to
the lessor of such lands or rights. ; ;

§ 45.1-133. Any lease of lands or any rights therein for drilling
for or development or production of oil or gas which does not run for a
definite term of years or contain a provision for the annual payment of
rental by the lessee, shall be prima facie presumed to be intended to
terminate five years from its date.

§ 45.1-134. If a lease or contract of lands for the purpose of drilling
for, development or production of, oil or gas provides in substance that

] drilling or development may be postponed by the payment or tender
of the rental on or before a certain day and the rental is not so paid or
tendered, on such date or within thirty days thereafter, the lessor or land-
owner may avoid the lease or contract unless before executing a new lease
or contract he has accepted payment of the rental.

§ 45.1-135. The drilling of one nonproductive well constitutes com-
pliance, for a period of twelve months after its completion, with any
lease or contract requirements that a well be drilled within a certain
period. At the expiration of such twelve months’ period another well shall
be commenced or else rental payments shall be renewed according to the
terms of the lease or contract, and if the lessee fails to promptly com-
mence a well or pay the rentals the lessor may avoid the lease or contract.

§ 45.1-136. No person shall store oil or allow the same to accumulate
in any pit, pocket, hole, or other natural or artificial depression on the
surface of the earth from which the oil may seep or migrate into frac-
tures or other openings in the underlying bedrock or into springs or
water wells, or into any waters used as a source of public water supply.

§ 45.1-187. It shall be unlawful for any person to permit crude oil
or natural gas to waste or escape from any well, pipe line or storage
tank when it is reasonably possible to prevent such waste, after the owner
or operator of such oil or gas well, pipe line or storage tank has had a
reasonable length of time to shut in such oil or gas in the well, or make
the necessary repairs, to such well, pipe line or storage tank to prevent
such waste.

§ 45.1-138. If, in the process of drilling a well for oil or gas, or
both, gas is found in such well, and the owner or operator thereof de-
sires to continue to search for oil or gas, or both, by drilling deeper in
search of lower oil or gas-bearing strata, or if it becomes necessary to
make repairs to any well producing oil or gas, commonly known as “‘clean-
ing out’’, and if in either event it is necessary for the oil or gas in such
well to escape therefrom during the process of drilling or making repairs,
as the case may be, then the owner or operator of such well shall prosecute
such drilling or repairs with reasonable diligence, so that the waste of
oil or gas from the well shall not continue longer than reasonably neces-
sary, and if, during the progress of such deeper drilling or repairs, any
temporary suspension thereof becomes necessary, the owner or operator
of such well shall use all reasonable means to shut in the oil or gas and
prevent its waste during such temporary suspension.

In all cases where both oil and gas are found and produced from the
same oil and gas-bearing stratum, and where it is necessary for the
gas therefrom to waste in the process of producing the oil, the well owner
or operator shall use all reasonable diligence to conserve and save from
waste so much of such gas as it is reasonably possible to save.

§ 45.1-139. If the owner or operator of any such well shall neglect
or refuse to drill, case and equip, or plug and abandon the well in a proper
manner or shut in and conserve from waste the oil or gas produced
therefrom as required to be done and performed by this act, for a period
of twenty days after a written notice so to do, which notice may be served
personally upon the owner or operator, or may be posted in a conspicuous
place at or near the well, the owner or operator of any adjacent or neigh-
boring lands, or the Chief:

(1) May enter upon the premises where such well is situated and
properly case and equip such well; or,

(2) In case the well is to be abandoned, may properly plug and
abandon it; or,

(3) In case the well is wasting oil or gas, may properly shut it in
and make the needed repairs to the well to prevent such waste.

The reasonable cost and expenses incurred by the owner or operator
of any adjacent or neighboring lands in so doing shall be paid by the
owner or operator of such well and may be recovered as debts of like
amount are by law recoverable; and such expense, if incurred by the
Chief, shall be a charge against the bond given by the well operator.

§ 45.1-140. Unless written permission is granted by the Chief, no
owner or operator of any oil well or wells shall permit said well or wells
to stand without diligently pumping or flowing same for a period of more
than ninety days. Upon notice of the Chief, to any owner or operator
of any well or wells that the casing or tubing in such well or wells is
leaking fresh or salt water into the oil or gas-bearing sand or stratum,
such well owner or operator shall immediately repair such casing or tubing
or abandon and plug such well according to the provisions of this act.

§ 45.1-141. In addition to the penalties elsewhere provided, the Chief
may, if any person is violating or threatening to violate any provision
of §§ 45.1-106 through 45.1-144, maintain suit in the circuit court of the
county or corporation court of the city or county wherein such violation
has occurred or is threatened, or wherein such person may be found, to
restrain such violation.

§ 45.1-142. In addition to the imposition of any penalties under
this act, it shall be the duty of any circuit court in the exercise of its
equitable jurisdiction to hear and determine any bill or bills in equity
which may be filed to restrain the waste of oil or gas in violation of this
act, and to grant relief by injunction or by other decrees or orders, in
accordance with the principles and practice in equity. The plaintiff in
such bill shall have sufficient standing to maintain the same if he shall
aver and prove that he is interested in the lands situated within the
distance of one mile from such well, either as an owner of such land,
or of the oil or gas, or both, thereunder, in fee simple, or as an owner
of leases thereof or as owner or lessee of any mineral rights therein.

§ 45.1-148. Any person or persons, firm, partnership, association or
corporation willfully violating any of the provisions of §§ 45.1-106 through
45.1-144 shall be guilty of a misdemeanor, and on conviction thereof,
shall be punished accordingly.

§ 45.1-144. All funds collected by the Chief under the provisions
of §§ 45.1-106 through 45.1-144 shall be paid into the State treasury to
the credit of the Division of Mines and may be expended by it, together
with any funds appropriated by the General Assembly, in carrying out
the provisions of said sections. All such payments shall be made on war-
rants of the Comptroller issued upon vouchers signed by the Chief or such
person as shall be designated by the Chief for that purpose.

§ 45.1-145. Any person, partnership, association or corporation en-
gaged in the business of mining, production and marketing of coal, any
portion of which is customarily used in the manufacture of heat and
power, is hereby declared to be engaged in a business essential to the
welfare, health and safety of the people of Virginia, and, under the con-
ditions and in the manner hereinafter set forth, may be seized and operated
by the Commonwealth of Virginia, or any agency created and organized
for such purpose, for public uses.

§ 45.1-146. The term “public uses” as used herein means the mining,
production and marketing of coal for the purpose of providing and furnish-
ing heat and power to the people of Virginia, and any imminent threat of
substantial interruption or existing substantial interruption of such service
is hereby declared to be contrary to the public policy of the State, and
it is the duty of the government of the State to exercise all available means
and every power at its command to prevent the same so as to protect
its citizens from any dangers, perils, calamities or catastrophes which
would result therefrom.

§ 45.1-147. It is hereby declared that whenever in the judgment
of the Governor there is an imminent threat of substantial interruption
or there exists a substantial interruption of the “‘public uses” as herein
defined, he shall proclaim that an emergency exists in this Commonwealth
endangering the welfare, health and safety of its people and the enjoy-
ment of the public and private property within its borders, and it shall
be the duty of the Governor to forthwith seize and operate the property
of any person, partnership, association, or corporation used in the mining,
production and marketing of coal that he deems essential for the protec-
tion of the welfare, health and safety of the people of Virginia.

§ 45.1-148. The Governor shall, in addition to his inherent power as
Governor, have and may exercise the powers and authority to possess
and operate said properties for public uses in the manner hereinafter pro-
vided and through an agency known and designated as “Virginia Fuel
Commission”, composed and created as hereinafter set forth.

§ 45.1-149. To act for and on behalf of the Governor in the enforce-
ment of §§ 45.1-145 through 45.1-157, the Governor shall appoint a com-
mission, known and designated as “Virginia Fuel Commission”, composed
of three electors in the State, one of whom shall be designated by the
Governor as chairman. Said Commission, subject to the approval of the
Governor, shall have in addition to such powers and duties incident hereto
as the Governor may have and shall delegate to it, the following powers
and duties:

(1) To proclaim and publish such rules and regulations and to issue
such orders, as may in the judgment of the Commission be necessary to
accomplish in full the purposes of §§ 45.1-145 through 45.1-157, which
shall have the force and effect of law and the violation thereof shall be
punishable as a misdemeanor in every case where such order declares
that its violation shall have such force and effect.

(2) To appoint and employ such officers and personnel as in its
judgment may be required to carry out the provisions of §§ 45.1-145
through 45.1-157, and to remove, in its discretion, any and all persons
serving thereunder, and to fix, subject to approval by the Governor, the
remuneration of all such officers and other personnel. Such personnel
shall work subject to such safety provisions as are in force on the property
at time of acquisition.

(3) To acquire under the power of eminent domain, or by pur-
chase, lease or otherwise, all the property of any person, partnership,
association or corporation, used in the business of mining, production
and marketing coal, including all lands, tipples, mines, ores, rights of way,
leaseholds, and every character and type of equipment deemed by the
said Commission necessary and incidental to the continuous mining and
production of coal.

_ (4) To operate, manage and control any such properties so ac-
quired; to purchase coal, coke and other fuel and to sell the same, either
at retail or at wholesale; to enter into contracts; to allocate and provide
for the distribuiton of coal and other fuels so as to assure distribution
deemed most likely to promote the welfare, health and safety of the
people of Virginia; and to do any and all things necessary and incident
to the mining, production and marketing of coal.

§ 45.1-150. Whenever the Governor shall have proclaimed that an
emergency exists under §§ 45.1-145 through 45.1-157, the “Virginia Fuel
Commission” shall forthwith make a bona fide attempt to negotiate the
purchase or lease of the coal properties of such persons, partnerships, as-
sociations, or corporations, engaged in the mining, production and market-
ing of coal as it is deemed necessary to accomplish the purposes of §§ 465.1-
145 through 45.1-157, except where such negotiations cannot be promptly
made due to the incapacity of the owners, or one or more of them, of the
property, or for any other reason, no attempt to negotiate for the acquisi-
tion of such property need be made.

§ 45.1-151. Proceedings for condemnation hereunder shall be in-
stituted and conducted in the name of the “Virginia Fuel Commission,” and
the procedure shall, except insofar as altered herein, be mutatis mutandis
the same as prescribed by law for condemnations in the name of the
“State Highway Commissioner”, and the rights of all persons, partner-
ships, associations or corporations affected shall be subject to the general
laws of this State, insofar as the same may be applicable under the
general purposes of this act, and except as hereby altered and modified.

The proceedings for condemnation shall be by petition to the circuit
court of the county in which the land, property and property rights or
the major portion thereof sought to be temporarily acquired are located,
which petition shall set forth with reasonable particularity a description
and designation of the interests, rights and property intended to he
temporarily taken, the name or names of the owners of the property
which is to be taken or affected, and such other facts, if any, as may be
deemed necessary by the Commission, in order to give adequate information
to the court and all persons in interest, which petition shall be verified
by oath by a member of the Commission. Upon the filing of said petition
in the office of the clerk of the circuit court to which it is addressed, to-
gether with as many copies thereof as there are defendants upon which it
is to be served, and depositing with the clerk for the custody of the court,
and for the benefit of the owners of the properties taken or affected, such
an amount of money as the Commission shall estimate to be just com-
pensation for the property temporarily taken and the damage done, if
any, the Commission shall thereupon seize and take possession, custody
and control of said property or properties. The amount of money so
deposited shall in nowise limit the amount of just compensation to be
allowed to the owners of the property. Service of said petition upon
the defendants shall be made in the manner prescribed by the Rules of
the Supreme Court of Appeals of Virginia with respect to Practice and
Procedure in Actions at Law in effect at the time the petition is filed.
In all other respects the procedure shall be as prescribed in Article 5 of
oe 1, Title 33 of the Code of Virginia, insofar as the same is appli-
cable.

§ 45.1-152. The expense of acquiring and operating any property
or properties acquired under this act shall be paid out of monies trans-
ferred from the general fund of the Commonwealth not otherwise appro-
priated upon such authorizations as the Governor may prescribe and shal]
be credited to the account of the “Virginia Fuel Commission”, and all
funds, and revenues derived from or received as a result of said operations
shall be paid into the State treasury and credited to the same account.
Any amounts transferred upon authorization of the Governor from the
general fund of the State shall be known and designated as the “Capital
Account” of the Commission, which amount, or residue thereof, together
with any surplus that may accrue, shall be returned to the general fund
of the State in the event of liquidation or, in the absence of liquidation, in
such installments and at such times as the Governor may prescribe.

_ § 45.1-153. Whenever the owner or operator of the business of min-
ing, production and marketing coal, whose property has been acquired
by the Commission, shall notify the Commission in writing, stating that
he is in position to, and can and will resume operation and render norma]
service, and shall satisfy the Commission of the correctness of such state
ment or whenever in the judgment of the Governor the emergency de-
clared by him no longer exists, the Commission shall restore the posses-
Sion of the property so acquired by them to the owner or operator upon his
sion, the owner or operator shall have the right to have a rule issued in
the manner provided in § 33-204 of the Code of Virginia requiring the
Commission to show cause why such possession should not be restored and
the court shall determine the matter as in such section provided.

Any such owner or operator shall be entitled to receive reasonable,
roper and lawful compensation for the use of the properties so acquired
by the State and paid the same out of the State treasury. In event the
Commission has acquired such property by purchase, the owners upon re-
acquisition shall repay the purchase price less fair compensation for use
of such property. In the event the Commission and the owner or operator
are unable to agree upon the amount of such compensation either party in
interest may file a petition in any court mentioned in § 33-204 of the
Code of Virginia for the purpose of having the same judicially deter-
mined. The court shall, without a jury, hear such evidence and argument
of counsel as may be deemed appropriate and render judgment thereon or
may refer to a commissioner such questions as are considered proper and
act upon the commissioner’s report as in other chancery proceedings. An
appeal shall lie to the Supreme Court of Appeals from any final judgment
of the court rendered upon the provisions of §§ 45.1-145 through 45.1-157.

§ 45.1-154. The provisions of §§ 45.1-145 through 45.1-157 shall be
subject to all the provisions of general law applicable to coal mining
operations.

§ 45.1-155. Wherever in §§ 45.1-145 through 45.1-157, the word
“Commission” shall appear, unless otherwise indicated, it shall be deemed
the “Virginia Fuel Commission’”’.

§ 45.1-156. Members of the Commission shall be appointed to serve
at the pleasure of the Governor at a compensation fixed by the Governor.

§ 45.1-157. In order to carry out the purposes of §§ 45.1-145 through
45.1-157 there is hereby appropriated to the office of the Governor out of
the general fund of the State treasury, a sum sufficient.

§ 45.1-158. Whenever in this title any of the conditions, require-
ments, provisions or contents of any section of Title 45, as such title
existed prior to the effective date of this act, are transferred to the same
or modified form to a new section, and whenever any such former section,
article or chapter is given a new number in this title, all references to
any such former section, article or chapter of Title 45 appearing else-
where in this Code than in this title shall be construed to apply to the
new or renumbered section, containing such conditions, requirements,
provisions or contents or portions thereof.

§ 45.1-159. All acts and parts of acts, all sections of this Code
inconsistent with the provisions of this title, are, except as herein other-
wise provided. repealed to the extent of such inconsistency.

§ 45.1-160. The repeal of Title 45 shall not affect any act or offense
done or committed, or any penalty or forfeiture incurred, or any right
established, accrued, or accruing on or before the effective date of this act,
or any prosecution, suit or action pending prior thereto.

§ 45.1-161. Any notice given, recognizance taken, or process or writ
issued, before the effective date of this act, shall be valid although given,
taken or to be returned to a day after such date, in like manner as if
this title had been effective before the same was given, taken or issued.
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 applica-
tion of such provision to other persons or circumstances shall not be
affected thereby.