Chapter 7
=Failure to obtain permit; penalty.=
Sec. 976-1. Whoever being engaged in the operation of a coal mine causes or permits any solid shooting to be done therein without having first obtained a permit to do so from the industrial commission of Ohio shall be fined in a sum not exceeding one hundred dollars.
=Permit must be obtained.=
Sec. 976-2. A permit to do solid shooting may be issued by the industrial commission of Ohio in the case of any mine when application shall be made therefor by the owner, lessee or person engaged in the operation thereof and by a majority of the miners employed therein, and when such industrial commission shall be satisfied that such method of blasting is necessary for the just and reasonably profitable operation of such mine. Such permit may be revoked at any time by said commission after sixty days' notice in writing to such owner, lessee or person operating such mine. Any person in interest who is dissatisfied with any order of said industrial commission made under the power conferred upon it by this section, may commence an action to set aside, vacate or amend such order in the same manner and for the same reason as other orders of such commission may be set aside, vacated or amended.
=Each section declared to be independent section.=
Sec. 976-3. Each section of this act is hereby declared to be an independent section and the holding of any section to be void or ineffective for any cause shall not be deemed to affect any other section thereof.
=RELATING TO FINES COLLECTED, PROSECUTIONS, WHEN ACT SHALL TAKE EFFECT, AND REPEALS.=
Sec. 977. [=Fines collected.=] All fines collected by reason of prosecutions begun under the provisions of this act, shall be paid to the chief inspector of mines, and by him paid into the state treasury.
Sec. 978. [=Prosecutions; how controlled.=] Any prosecutions begun under the provisions of this act shall be controlled by sections thirteen thousand four hundred and twenty-three and thirteen thousand four hundred and thirty-two to thirteen thousand four hundred and thirty-nine inclusive of the General Code.
=REGULATION OF WEIGHING OF COAL.=
=Miner to be paid for all coal contained within car.=
Sec. 978-1. Every miner and every loader of coal in any mine in this state who under the terms of his employment is to be paid for mining or loading such coal on the basis of the ton or other weight shall be paid for such mining or loading according to the total weight of all such coal contained within the car (hereinafter referred to as mine car) in which the same shall have been removed out of the mine unless otherwise agreed between employer and miner or loader.
=Department of Industrial Relations to determine percentage of impurity.=
Sec. 978-2. Said industrial commission shall ascertain and determine the percentage of slate, sulphur, rock, dirt, or other impurity unavoidable in the proper mining or loading of the contents of mine cars or coal in the several operating mines within this state subject, however, to the right of the employer and miner or loader in any of such mines to make an agreement with reference thereto.
=Percentage of fine coal.=
Sec. 978-3. When there is no agreement between the miner or loader of coal in any mine in this state and the operator thereof whereby the miner or loader is to be paid for mining or loading coal other than on the basis of the ton or other weight according to the total weight of all such coal contained within the car it shall be the duty of such miner or loader of coal and his employer to agree upon and fix, for stipulated periods, the percentage of fine coal commonly known as nut, pea, dust and slack allowable in the output of the mine wherein such miner or loader is employed. At any time when there shall not be in effect such agreed and fixed percentages of fine coal allowable in the output of any mine, said industrial commission shall forthwith upon request of such miner or loader or his employer, fix, such allowable percentage of fine coal, which percentage so fixed by said industrial commission shall continue in force until otherwise agreed and fixed by such miner or loader and his employer. Whenever said industrial commission shall find that the total output of such fine coal at any mine for a period of one month during which such mine shall have been operating while the percentage of fine coal so fixed by said industrial commission has been in force, exceeds the percentage so fixed by it, said industrial commission shall at once make, enter and cause to be enforced such order or orders relative to the production of coal at such mine, as will result in reducing the percentage of such fine coal, to the amount so fixed by said industrial commission.
Sec. 978-4. Said industrial commission shall, as to all coal mines in this state, which have not been in operation heretofore, perform the duties imposed upon it by the provisions hereof.
=Department of Industrial Relations may change percentage.=
Sec. 978-5. Said industrial commission shall have full power from time to time, to change, upon investigation, any percentage by it ascertained and determined or fixed, as provided in the preceding sections hereof.
=Unlawful to use screen.=
Sec. 978-6. It shall be unlawful for the employer of a miner or loader of the contents of any car of coal to pass any part of such contents over a screen or other device, for the purpose of ascertaining or calculating the amount to be paid such miner or loader for mining or loading such contents, whereby the total weight of such contents shall be reduced or diminished unless otherwise agreed between employer and miner or loader. Any person, firm or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction, shall be fined for each separate offense not less than three hundred dollars nor more than six hundred dollars.
=Loading impurity; penalty.=
Sec. 978-7. A miner or loader of the contents of a mine car, containing a greater percentage of slate, sulphur, rock, dirt or other impurity, than that ascertained and determined by said industrial commission, as hereinbefore provided, shall be guilty of a misdemeanor and upon conviction shall be punished as follows: for the first offense within a period of three days he shall be fined fifty cents; for a second offense within such period of three days he shall be fined one dollar; and for the third offense within such period of three days he shall be fined not less than two dollars nor more than four dollars. Provided, that nothing contained in this section shall affect the right of a miner or loader and his employer to agree upon deductions by the system known as docking, on account of such slate, sulphur, rock, dirt or other impurity.
=JURISDICTION.=
The following are the sections of the General Code referred to in various sections of the mining law, and under which prosecutions will be made.
=JURISDICTION.=
Sec. 13423. Justices of the peace, police judges and mayors of cities and villages shall have jurisdiction, within their respective counties, in all cases of violation of any law relating to:
1. Adulteration or deception in the sale of dairy products and other food, drink, drugs and medicines.
2. The prevention of cruelty to animals and children.
3. The abandonment, non-support or ill treatment of a child by its parent.
4. The abandonment or ill treatment of a child under sixteen years of age by its guardian.
5. The employment of a child under fourteen years of age in public exhibitions or vocations injurious to health, life or morals, or which cause or permit it to suffer unnecessary physical or mental pain.
6. The regulation, restriction or prohibition of the employment of minors.
7. The torturing, unlawfully punishing, ill treating, or depriving anyone of necessary food, clothing or shelter.
* * * * *
15. The prevention of short weighing and measuring and all violations of the weights and measures laws.
(1080 O.L., 41.)
=JUSTICES, POLICE JUDGES AND MAYORS.=
Sec. 13432. [=When imprisonment is a part of the punishment a jury shall be impaneled.=] In prosecutions before a justice, police judge or mayor, when imprisonment is a part of the punishment if a trial by jury is not waived the magistrate, not less than three days nor more than five days before the time fixed for trial, shall certify to the clerk of the court of common pleas of the county that such prosecution is pending before him. (R.S. Sec. 3718a.)
Sec. 13433. [=Clerk's duties.=] Thereupon the clerk, in the presence of representatives of both parties, shall draw from the jury wheel or box containing the names of persons selected to serve as petit jurors in the court of common pleas in such county, twenty names which shall be drawn and counted in a like manner as for jurors in the court of common pleas. The clerk shall forthwith certify the names so drawn to the magistrate, who, thereupon, shall issue to any constable, chief of police or marshal in the county a venire containing the names of the persons to serve as jurors in the case and make due return thereof. (R.S. Sec. 3718a.)
Sec. 13434. [=Jurors.=] The jurors shall be subject to like challenges as jurors in criminal cases, except capital cases in the court of common pleas. If the venire is exhausted without obtaining the number required to fill the panel, the magistrate shall fill the panel with talesmen in the manner provided for criminal cases in the court of common pleas. (R.S. Sec. 3718a.)
Sec. 13435. [=Second or subsequent offense.=] In such prosecutions, where a different punishment is provided for a second or subsequent offense, the information or affidavit upon which the prosecution is based, must charge that it is the second or subsequent offense or the punishment shall be as for the first offense. (R.S. Sec. 3781a.)
Sec. 13436. Repealed. (108 O.L., 1203.)
Sec. 13437. [=New trial.=] In such prosecutions, if there is a verdict for conviction, a new trial may be granted for like reasons and subject to like conditions as a new trial in criminal cases in the court of common pleas. (R.S. Sec. 3718a.)
Sec. 13438. [=Fees of jurors and witnesses.=] In such prosecutions, the jurors shall be entitled to the same mileage and fees as in the criminal cases in the court of common pleas. (R.S. Sec. 3718a; Am. 108 O.L., 1221.)
Sec. 13439. [=Costs.=] In such prosecutions, no costs shall be required to be advanced or secured by a person authorized by law to prosecute. (R.S. Sec. 3718a; Am. 108 O.L., 1221.)
=RELATIVE TO EMPLOYMENT OF MINORS.=
=Sixteen years: age limit for following occupations.=
Sec. 13001. No child under the age of sixteen years shall be employed, permitted or suffered to work at any of the following occupations or any of the following positions: (1) adjusting any belt to any machinery; (2) sewing or lacing machine belts in any workshop or factory; (3) oiling, wiping or cleaning machinery or assisting therein; (4) operating or assisting in operating any of the following machines (a) circular or band saws; (b) wood shapers; (c) wood jointers; (d) planers; (e) sandpaper or woodpolishing machinery; (f) woodturning or boring machinery; (g) picker machines or machines used in picking wool, cotton, hair or any other material; (h) carding machines; (i) paper-lace machines; (j) leather-burnishing machines; (k) job or cylinder printing presses operated by power other than foot power; (l) boring or drill presses; (m) stamping machines used in sheetmetal and tinware, or in paper and leather manufacturing, or in washer and nut factories; (n) metal or paper cutting machines; (o) corner staying machines in paper box factories; (p) corrugating rolls, such as are used in corrugated paper, roofing or washboard factories; (q) steam boilers; (r) dough brakes or cracker machinery of any description; (s) wire or iron straightening or drawing machinery; (t) rolling mill machinery; (u) power punches or shears; (v) washing, grinding or mixing machinery; (w) calendar rolls in paper and rubber manufacturing; (x) laundering machines; (y) burring machinery; (5) or in proximity to any hazardous or unguarded belts, machinery or gearing; (6) or upon any railroad, whether steam, electric or hydraulic; (7) or upon any vessel or boat engaged in navigation or commerce within the jurisdiction of this state.
=Sixteen years: age limit for following industries.=
Sec. 13002. No child under the age of sixteen years shall be employed, permitted or suffered to work in any capacity (1) in, about or in connection with any processes in which dangerous or poisonous acids are used; (2) nor in the manufacture or packing of paints, colors, white or red lead; (3) nor in soldering; (4) nor in occupation causing dust in injurious quantities; (5) nor in the manufacture or use of dangerous or poisonous dyes; (6) nor in the manufacture or preparation of compositions with dangerous or poisonous gases; (7) nor in the manufacture or use of compositions of lye in which the quantity thereof is injurious to health; (8) nor on scaffolding; (9) nor in heavy work in the building trades; (10) nor in any tunnel or excavation; (11) nor in, about or in connection with _any mine, coal breaker, coke oven, or quarry_; (12) nor in assorting, manufacturing or packing tobacco; (13) nor in operating any automobile, motor car or truck; (14) nor in a bowling alley; (15) nor in a pool or billiard room; (16) nor in any other occupation dangerous to the life and limb or injurious to the health or morals of such child.
=Employer to furnish satisfactory evidence of age.=
Sec. 13007-1. An inspector of factories, attendance officer, or other officer charged with the enforcement of the laws relating to the employment of minors or school attendance may make demand on any employer in or about whose place or establishment or material or equipment a person apparently under the age of eighteen years is employed or permitted or suffered to work, and whose employment certificate is not filed as required by this act, that such employer shall furnish him satisfactory evidence that such person is in fact over eighteen years of age. The inspector of factories, attendance officer, or other officer charged with the enforcement of such laws, shall require from such employer unless an overage certificate is held by the employe the same evidence of age of such child as is required upon the issuance of an age and schooling certificate. Failure of such employer to produce such evidence shall be deemed a violation of the laws relating to the employment of minors.
=Failure to produce satisfactory evidence of age.=
Sec. 13007-2. In case any employer shall fail to produce and deliver to a factory inspector, truant officer, or other officer charged with the enforcement of this act, within ten days after demand made pursuant to section 13007-1 of this act, the evidence of age therein required, proof of the making of such demand and of such failure to produce and file such evidence shall be prima facie evidence of the illegal employment of such child in any prosecution brought therefor.
=Age and schooling certificate; by whom approved.=
Sec. 7766. An age and schooling certificate may be issued only by the superintendent of schools and only upon satisfactory proof that the child to whom the certificate is issued is over sixteen years of age and has satisfactorily passed a test for the completion of the work of the seventh grade, provided that residents of other states who work in Ohio must qualify as aforesaid with the proper school authority in the school district in which the establishment is located, as a condition of employment or service.
Any such age and schooling certificate may be issued only upon satisfactory proof that the employment contemplated by the child is not prohibited by any law regulating the employment of such children; and when the employer of any minor for whom such age and schooling certificate shall have been issued shall keep such age and schooling certificate on file as provided by law, the provisions of section 6245-2, General Code, shall not apply to such employer in respect to such child while engaged in an employment legal for a child of the given sex and of the age stated therein.
Age and schooling certificate forms shall be formulated by the superintendent of public instruction, and except in cases otherwise specified by law must be printed on white paper. Every such certificate must be signed in the presence of the officer issuing it by the child in whose name it is issued. Blank certificates shall be furnished by the superintendent of public instruction upon request.
Sec. 7766-1. The superintendent of schools shall not issue such certificate until he has received, examined, approved and filed the following papers duly executed:
(1) The written pledge or promise of the person, partnership or corporation to legally employ the child, to permit him to attend school as provided in section 7767, General Code, and to return to the superintendent of schools the age and schooling certificate of the child or give notice of the non-use thereof within two days from the date of the child's withdrawal or dismissal from the service of that person, partnership or corporation, giving the reasons for such withdrawal or dismissal.
(2) The school record of the child, properly filled out and signed by the person in charge of the school which the child last attended; giving the recorded age of the child, his address, standing in studies, rating in conduct, and attendance in days during the school year of his last attendance, and if that was not a full year, during the preceding school year.
(3) Evidence of the age of the child as follows:
(a) The birth certificate of the child (or duly attested transcript thereof) issued near the date of the birth of the child by the registrar of vital statistics of Ohio, or by a similar officer charged with the duty of recording births in another state or country, shall be conclusive evidence of the age of the child.
(b) In the absence of such certificate, a passport (or duly attested transcript thereof) showing the date and place of birth of the child, filed with a register of passports at a port of entry of the United States; or a duly attested transcript of the certificate of birth or baptism or other religious record, showing the date and place of birth of the child, shall be conclusive evidence of the age of the child.
(c) In case no one of the above proofs of age can be produced, other documentary evidence (except the affidavit of the parent, guardian or custodian) satisfactory to the superintendent of schools may be accepted in lieu thereof.
(d) In case no documentary proof of age can be procured, the superintendent may receive and file an application signed by the parent, guardian or custodian of the child that a physician's certificate be secured to establish the sufficiency of the age of the child. Such application shall state the alleged age of the child, the place and date of birth, his present residence, and such further facts as may be of assistance in determining the age of the child, and shall certify that the person signing the application is unable to obtain any of the documentary proofs specified in (a), (b) and (c) above.
If the superintendent of schools is satisfied that a reasonable effort to procure such documentary proof has been without success such application shall be granted and the certificate of the school physician or if there be none, of a physician employed by the board of education, that said physician is satisfied that the child is above the age required for an age and schooling certificate as stated in section 7766, General Code, shall be accepted as sufficient evidence of age.
(4) A certificate from the school physician or physician designated by him, or if there be no school physician from the district health commissioner, or physician designated by him, showing after a thorough examination that the child is physically fit to be employed in such occupations as are not prohibited by law for a boy or girl, as the case may be, under eighteen years of age.
But a certificate with the word limited written, printed or stamped diagonally across its face may be furnished by the school physician or other person indicated in the above sentence, and accepted by the superintendent of schools in issuing a "limited" age and schooling certificate provided in section 7766-3, General Code, showing that the child is physically fit to be employed in some particular occupation not prohibited by law for a boy or girl as the case may be of the child's age which the child contemplates entering even if the child's complete physical ability to engage in any occupation as required in the preceding sentence cannot be vouched for.
Sec. 7766-2. When an age and schooling certificate, returned according to section 7766-1, General Code, is reissued, the pledge of the new employer and certificate from the school physician or other person in his stead shall be secured and filed.
Sec. 7766-3. The age and schooling certificate provided in section 7766, General Code, shall be issued only with the word "limited" printed or stamped diagonally across its face if the certificate of the physician provided in section 7766-1 or 7766-2, General Code, is a limited certificate and in that case the particular employment to which it is limited shall be stated in the certificate, and the certificate cannot serve as the legal age and schooling certificate for employment in another occupation. Such limited certificate shall be printed on pink paper.
Sec. 7766-4. In order to ascertain whether applicants for age and schooling certificates have satisfactorily completed the school work prescribed in section 7766, General Code, the board of education of any city school district may appoint a juvenile examiner who shall receive such compensation as may be fixed by the board of education. When such a juvenile examiner is employed no such certificate shall be granted by the superintendent of schools of the district unless the juvenile examiner has certified that he has examined the child and that the child has passed to his satisfaction the grade test as provided by section 7766, General Code, provided, however, that if a child in the opinion of said juvenile examiner is below the normal in mental development so that he cannot with further schooling and due industry pass such test, such fact shall be certified to by said examiner and the superintendent of schools shall grant the child an age and school certificate printed on yellow paper with the words "Retarded-Schooling not Standard" written, printed or stamped diagonally across the face; and provided, further, that if the juvenile examiner is satisfied that the standard of any school is sufficiently high, he may accept the records thereof as showing that a child has passed the required test. In case no juvenile examiner is employed the superintendent of schools may proceed and determine in like manner; if after proper tests he determines that a child is below normal in mental development to the extent specified above, he shall grant such a "retarded" age and schooling certificate. If a child who desires an age and schooling certificate is granted a "retarded" certificate but secures only a limited health certificate; the word "limited" shall be written or stamped across the face of the "retarded" certificate and the limited "retarded" certificate shall be on yellow paper; in which case the certificate shall show to what employment it is limited.