Chapter 4

[=Wires; how placed in rooms.=] Positive machine feed wires, when extended into rooms, shall be placed not nearer than four feet of the track, where the room is of sufficient width, and the same shall only be connected to the positive wire or wires on the entry while in actual use. The material used for making such connection shall be of sufficient length to reach across the entry, and when same is disconnected, it shall be kept with the machine operating at such point or working place. No electric wires shall be extended into any room unless a one hundred and fifty foot cable will not reach the face of the room, and then not beyond the outside corner of the last breakthrough.

[=Protection of terminal ends.=] All terminal ends of positive wires shall be guarded so as to prevent persons inadvertently coming in contact therewith.

[=Connection of negative wires, pipe lines and track. Bonding of track.=] The bonded track, the negative wires and metallic pipe lines, when coming near each other, may be connected together at intervals not exceeding five hundred feet, and any track used as the return or earth system shall be properly bonded. In no case shall a pipe line, or any part thereof, be used exclusively as the return, and when connected to the earth system, the negative wire or bonded track shall be of ample capacity, exclusive of the pipe line, to carry the current.

[=Trolley wires; how erected.=] The trolley wire shall be carried upon hangers or other fixtures which will properly insulate it from contact with the roof or other substances, and so the trolley wheel can trail without the necessity of being constantly attended for that purpose, and no trolley shall be run on any wire not so carried.

[=Locomotive must not be operated improperly.=] No locomotive shall be operated by means of a person holding and sliding upon or frequently making contact with the positive wire with any device attached to the cable as a substitute for a trolley, but these provisions shall not prohibit the operation of a locomotive by means of a cable without the use of the trolley, provided the cable be connected to and disconnected from the positive wire when the locomotive is not in motion.

[=Protection to machine cable crossing entry track.=] Means shall be provided by which machine runners may readily carry the machine cable from the machine to the feed wires on one side of the entry, either under or over the track rails, in the entry where such wires are located, and so the cable will not come in contact with such track rails, thereby reducing the danger of shock to persons or animals required to travel such entry, to the minimum. (Sec. 911, 948; Penalty, Sec. 976.)

Sec. 948. [=Voltage at mines hereafter electrically equipped.=] The owner, lessee or agent of a mine at which electricity with a pressure or potential of more than three hundred and twenty-five volts, or alternating current, is used, shall in addition to the provisions of the preceding section, observe the following:

[=Limit to voltage in or about working places.=] At each mine equipped with electric power after the passage and approval of this act, the current used to operate gathering locomotives, mining machines, shearing machines, drills and other machinery, used in or about the working places of the mine, shall not exceed in pressure or potential, three hundred and twenty-five volts, direct current, as shown at the nearest switchboard, and the wires conducting the power from the nearest switchboard shall not carry a higher pressure or potential.

[=Relating to alternating current.=] At each mine equipped with electric power alternating current may be used to convert alternating current to direct current, and to operate motors permanently installed above ground and in underground substations, or buildings especially prepared for them, in a manner subject to the approval of the chief and district mine inspectors, but no wires carrying alternating current shall be used underground except same be carried in an entry or passageway where persons and animals are not permitted to travel.

[=Relating to higher voltage mines hereafter equipped.=] At each mine equipped with electric power after the passage and approval of this act, when the current used to operate haulage locomotives, pumps and other machinery not located in or about the working places of the mine, is of a pressure or potential in excess of three hundred and twenty-five volts, direct current, the entry or passage way where such wires are carried shall not be designated or permitted to be used as the principal traveling way, and when designated or used as the escapement way, the wires shall be protected so that persons required to travel near same in emergencies will not inadvertently come in contact therewith. No pressure in excess of six hundred and fifty volts at the switchboard shall be used underground.

[=Relating to higher voltage, mines heretofore equipped.=] At each mine equipped with electric power prior to the passage and approval of this act, where the pressure or potential is in excess of three hundred and twenty-five volts, direct current, or where alternating current is used, and the conditions surrounding the use of same are such, in the opinion of the chief inspector of mines, that the provisions of the preceding section do not provide the required protection from shock to persons employed therein, such additional safeguards shall be employed as may be required by the chief inspector of mines, and the district inspector of mines, jointly. (See. 911, 947; Penalty, Sec. 976.)

Sec. 949. [=Relating to construction of new mines.=] Any person, firm or corporation beginning the opening of a mine, whether such person, firm or corporation be the owner, lessee or agent of the property upon which such mine is located, or not, shall observe the following in the construction of such mine: If the opening be a slope or vertical shaft, no explosive used therein shall be fired by means of a squib or fuse after the same is extended more than twenty-five feet from the surface, and thereafter and until the slope or shaft reaches the seam, and the entry or landing be extended beyond a breakthrough or other place driven at right angles thereto, no explosive shall be fired except by means of an electric battery operated from the surface after all persons are on the surface. A substantial structure to sustain sheave wheels or pulleys, ropes and loads, shall be provided, and if the opening be a shaft, the same shall be placed at a height of not less than twenty feet above the tipping place. A landing platform shall be arranged in such manner that no material can fall into the shaft while the bucket is being emptied, and in no case shall the shaft be sunk to a depth of more than thirty feet without such structures. If the bucket used for hoisting material is to land on a truck, the track on which said truck is operated, and the platform, shall be so constructed that material cannot fall into the shaft. Rock and coal shall not be hoisted from a shaft or slope except in a bucket or cage attached to the rope by a safety hook, clevis, or other safe attachment, and the bucket or cage securely locked so that same cannot tip or empty while being hoisted. The rope shall be fastened to the side of the drum, and not less than three coils of rope shall always remain on the drum. After the shaft reaches a depth of one hundred feet, the same shall be provided with guides and guide attachments, applied in such a manner as to prevent the bucket from swinging while being lowered or hoisted, and said guides and guide attachments shall be maintained at a distance of not more than seventy-five feet from the bottom of the shaft. The sides of all shafts shall be properly secured for safety, and no loose rock or material shall be allowed to remain on any timber in the shaft after each blast. All loose timber, tools, and materials, shall be kept away from the top of the shaft, so as to reduce the danger of same falling down the shaft. Where explosive gas is encountered, the person in charge shall see that the shaft or slope is examined before each shift of men enter to work, and before the men descend after each blast. Provision shall be made for the proper ventilation of the slope, or shaft, so that persons working therein will have the necessary air. An efficient brake shall be attached to each drum of an engine used in hoisting material and persons, and all machinery, ropes and chains connected therewith shall be carefully examined once each twelve hours. Not more than four persons shall be lowered or hoisted in or on a bucket at one time, and no person shall be permitted to ride on a loaded bucket. The bucket used in lowering or hoisting persons shall be equipped with proper safety devices, so that same cannot become detached from the rope or cable, and cannot tip or turn upside down while being so used. The chief inspector of mines, and the district inspector of mines, shall have jurisdiction over such mine when the shaft or slope reaches a depth of twenty-five feet, and such person, firm or corporation shall comply with any order issued by either or both of them with respect to the safety of persons employed. Other than the provisions herein, the provisions of this act shall not apply to the opening of a mine until such opening reaches the seam, and the entry or landing be extended beyond a breakthrough, or other place driven at right angles thereto. (Penalty, Sec. 976.)

Sec. 950. [=Additional openings; when and how provided for.=] When in the opinion of the district inspector of mines together with the chief inspector of mines, the ways and means of egress in any mine under their jurisdiction, from the interior working places to the surface, as provided for in this act, are inadequate as a safe and ready means of escape in case of probable emergency, and there are extra hazards of a permanent nature that cannot be removed either from long distance from the interior working places to the exterior openings for egress, from danger of fire at any point, or any other cause that probably will result in the entombment of persons working therein, they shall jointly give notice in writing to the owner, lessee or agent of such mine, and require an additional opening by shaft, slope or drift, from the surface; the location of the interior end of such shaft, slope, or drift, to be sufficiently near the interior working places in that part of the mine where such persons are endangered, to afford such persons safe and ready means of escape, free from such hazards. (Sec. 932; Penalty Sec. 976.)

=RELATING TO SUPERINTENDENT, MINE-FOREMAN AND OVER-SEER.=

Sec. 951. [=Duties of superintendent.=] The superintendent in charge of a mine shall see that the provisions of this act are carried out, and shall, in case of an accident resulting in the death of or injury to persons, carefully investigate such accident, and report to the chief inspector of mines, as provided for in this act, and to the owner, lessee or agent of the mine. He shall give such other notice to the chief inspector of mines as required by the provisions of this act, and shall co-operate with the mine-foreman and direct him as may be necessary in securing a compliance with the provisions of this act, and the safety of the persons employed in the mine. Nothing herein shall prohibit the superintendent from fulfilling the duties of mine-foreman. (Sec. 940, 953, 962, 965; Penalty, Sec. 976.)

Sec. 952. [=Duties of mine foreman.=] The mine-foreman shall attend personally to his duties in the mine, carry out all the provisions set forth in this act, see that the regulations prescribed for each class of workmen under his charge are carried out in the strictest manner possible, and see that any deviations from any of them are promptly adjusted. (Sec. 953, 965.)

[=When ventilation stops.=] In case of accident to a ventilating fan, or its machinery, whereby the ventilation of the mine would be seriously interrupted, he shall promptly order the men to immediately withdraw from the mine and not return to their work until the ventilation has been restored, and his permission to enter is given; if at a mine which generates fire-damp, he shall not order them to return until the mine has been thoroughly examined by him, or his assistant, and reported to be safe. (Sec. 922, 923, 924.)

[=Dangerous places fenced.=] He shall see that all dangerous places are properly fenced off, and proper danger signal boards are hung on such fencing that they may be plainly seen; he shall also travel all air-ways, and examine all the accessible openings to old workings as often as is necessary to insure their safety. (Sec. 925.)

[=Examination of working places.=] He shall examine each working place, or have it examined by his assistant, at least once each alternate day that persons are or should be at work therein and oftener, when, in his judgment, the circumstances require. He shall instruct pick miners and machine runners regarding the width of working places. (Sec. 956.)

Sec. 953. [=When working place is unsafe.=] When a working place becomes unsafe from any cause, he shall order the person or persons working therein, to cease mining or loading, and not to remain in such working place, except as may be necessary to make it safe, until it is made safe. (Sec. 956.)

[=Supplying of props and timber.=] He shall see that the working place of each miner is kept supplied with props of approximate length, caps, and other timbers necessary to securely prop the roof thereof. When he examines a working place, he shall observe the condition of the roof and timbering, and instruct the workmen therein as to the proper method of timbering for the security of the roof. He shall give such instructions to drivers, motormen, trip-riders, and other persons, as may be necessary to keep a supply of timber in each working place. (Sec. 933, 956.)

[=Miner without props or timber.=] When he finds a miner in a working place without the necessary props, caps or timbers to securely prop the roof thereof, he shall order such miner to leave such working place until the required timber is supplied, which he shall attend to promptly, and shall order that no cars be delivered to such miner, until timber is supplied. (Sec. 933, 956.)

[=Measure and report of ventilation.=] He shall keep a careful watch over the ventilating apparatus and air-ways, and measure the ventilation at least once each week, at the inlet and outlet, and at or near the face of all entries; which measurement shall be noted on blanks furnished by the chief inspector of mines. On the first day of each month, he shall sign such blanks, properly filled with the actual measurements, and forward them to the chief inspector of mines. (Sec. 922, 923, 924, 952.)

[=Record of boys employed.=] He shall keep a record of the boys under sixteen years of age employed by him, or by any other person, giving the name, age, place of birth, name and residence of parents, and character of employment. He shall require written evidence from the parent or guardian of each said minors, that the requirements of the school laws of this state have been complied with. (Sec. 912, 944.) (See Child Labor Law, Sec. 13002.)

"The provisions of Section 912, 944 and 953 G.C. do not permit the employment of children under 16 years of age in, about or in connection with any mine. Such employment is governed by the provisions of Section 13002 G.C."

Opinion No. 885 office of the Attorney General, State of Ohio, December 21, 1917.

[=Assistant mine-foreman.=] The duties of mine-foreman shall apply to assistant mine-foreman, when acting for the mine-foreman, or in discharging the duties thereof. (Sec. 952, 965; Penalty, Sec. 976.)

Sec. 954. [=Relating to over-seer.=] The over-seer shall visit the working place of each inexperienced person engaged at mining or loading, at such intervals as provided for in this act, and instruct them as to their work and safety and assist them in caring for their safety. He shall instruct such persons not to handle or use any explosives except in his presence, until they have been employed in a mine not less than three months, and not then until he is satisfied that such persons are fully competent to handle and use same with safety. When, in his judgment, such persons require more frequent supervision than provided for in this act, he shall visit their working places as frequently as in his judgment the circumstances require. The foregoing shall not prohibit the mine-foreman from fulfilling the duties of overseer, so long as all the provisions of this act are complied with. (Sec. 965; Penalty, Sec. 976.)

=RELATING TO THE STABLEMAN AND FIRE-BOSS.=

Sec. 955. [=Duties of stableman.=] The stable man shall see that the provisions of this act relating to stables are carried out, and shall forbid persons not required by duty, to enter the stable or loiter in or about same, whether the stable be inside of the mine or on the surface. (Sec. 945, 960.)

[=Duties of fire-boss.=] The fire-boss shall examine with a safety lamp each working place, whether same is in the actual course of working or not, the traveling ways and entrances to old workings in the mine every morning, not more than three hours prior to the appointed time for the employes to enter the mine. As evidence of such examination, he shall mark with chalk upon the face of the coal, or in some other conspicuous place, his initials and date of the month. If there is any standing gas discovered, he shall leave a danger signal across every entrance to such place.

[=Report on blackboard.=] He shall make a report on a blackboard provided on the outside of the mine for that purpose, and arrange so the men can conveniently inspect it, showing the condition of the mine as to the presence of fire-damp, and indicating the place, or places, where present, if any is present, before he permits any person to enter the mine. He shall examine parts of the mine not in the actual course of working and available, not less than once each three days.

[=Written report.=] The fire-boss shall make a written report, which shall be kept in the office, or some place at the mine where it can be seen by the mine inspector when called for. He shall see that every part of the mine is kept free from standing gas, and that all old workings are properly fenced off, as provided for in this act. He shall return to the mine with the miners and remain there at least one hour, attending to the removal of any standing gas. He shall examine the mine on idle days and Sundays if any men are required to work in any part of it, and if more than three hours elapse between the day turn leaving and night turn starting, the places to be worked by night turn must be examined by him with a safety lamp, and reported safe before persons go to them. (Sec. 925, 959; Penalty, Sec. 976.)

=RELATING TO EMPLOYES GENERALLY.=

Sec. 956. [=Duties of miner. Examination of working place.=] Each miner shall examine his working place upon entering same, and shall not commence to mine or load until it is made safe. He shall be very careful to keep his working place in a safe condition at all times. (Sec. 952.)

[=Shall cease work when place is dangerous.=] Should he at any time find his place becoming dangerous from any cause or condition, he shall at once cease work, and notify the mine-foreman, or assistant mine-foreman, of such danger, and, upon leaving such place, he shall place some plain warning at the entrance thereto, to warn others from entering into the danger, and shall not return until ordered to do so by the mine-foreman, or assistant mine-foreman. (Sec. 953.)

[=Shall prop roof, etc.=] Each miner, or other person employed in a mine, shall securely prop the roof of the working place therein under his control, and shall obey any order, or orders, given by the superintendent or mine-foreman relating to the width of working places, and to the security of the mine in the part thereof where he is at work, and for fifteen feet back from the face of his working place. Such miner, or other person, shall not be held to have violated the provisions of this clause if the owner, lessee or agent fails to supply the necessary props, caps, and timbers, as provided for in this act. (Sec. 933, 953.)

[=Shall not waste props, etc.=] Each miner, or other person shall avoid waste of props, caps, timber, or other material. When he has props, caps, timber, or other material unsuited for his purpose, he shall not cover up or destroy same, but shall place it near the track where it can be readily seen. (Sec. 933, 953.)

[=Blasting when fire-damp is generating.=] He shall not fire a blast in any working place which is likely to generate sudden volumes of fire-damp, or where locked safety lamps are used, except with the consent of the mine-foreman, or other competent person designated by the mine-foreman for that purpose. (Sec. 962.)

[=Blasting when restricted to specific times.=] At a mine where the firing of shots is restricted to specific times, no miner shall fire a shot until the time appointed for him to do so, and then only in such rotation as designated. (Sec. 962.)

[=Examination after blasting.=] After each blast, he shall exercise great care in examining the roof and coal, and shall secure them safely before beginning to load coal. (Sec. 962.)

[=Shall post after undermining.=] After the coal is undermined, he shall, before shooting the coal, properly post the roof of his working place.

[=Must not go under draw-slate.=] When draw-slate is over the coal, he shall not go underneath the draw-slate until it is made safe from falling, by securely posting it, and he shall not remove the posts until the coal is removed and he is ready to take down the draw-slate.

[=Shall load fine coal.=] He shall not place in the gob or refuse pile, or cover up, any fine coal or coal dust, but shall load same into cars. (Sec. 944; Penalty, Sec. 976.)

Sec. 957. [=Duties of machine men.=] Machine runners and helpers shall use care while operating mining machines. They shall not operate a machine unless the shields are in place, and shall warn persons not engaged in the operating of a machine of the danger in going near the machine while it is in operation, and shall not permit such persons to remain near the machine while it is in operation. They shall examine the roof of the working place and see that it is safe before starting to operate the machine. They shall not move the machine while the cutter chain is in motion. When connecting the power cable to the electric wires, they shall make the negative or grounded connections before connecting to the positive, and when disconnecting the power cable, shall disconnect from the positive line before disconnecting the negative or grounded. When positive feed wires extend into rooms, they shall connect such wires to the positive wire on the entry before connecting the power cable, and as soon as the power cable is disconnected shall disconnect such wire from the wire on the entry. They shall use care that the cable does not make contact with metallic rails of the track, and shall avoid, where possible, leaving the cable in water. If they remove props which have been placed by the miner for the security of the roof, they shall reset such props as promptly as possible. (Sec. 941; Penalty, Sec. 976.)

Sec. 958. [=Duties of motormen and trip-riders.=] Motormen and trip-riders shall use care in handling the locomotive and cars, and shall see that the signal or marker, as provided for, is used as provided, and shall be governed by the speed provided for in this act in handling cars.

They shall not run the locomotive with the trolley ahead of the locomotive, except in cases where they cannot do otherwise, and then only at a speed of two miles per hour.