Penalty.

Districts.

Semiannual inspections.

Report.

Maps.

inspector shall annually make a full and complete written report of his proceedings as such chief mine inspector to the governor of the State for the year ending the thirtieth of June. Such report shall include the reports from the district mine inspectors, the number of visits and inspections made in the State by the district inspectors, the quantity of coal and coke produced in the State, and the number of men employed, number of mines operated, ovens in and out of blast, improvements made, prosecutions, etc., and such other information in relation to the subject of mines, mining inspection and needed legislation, as he may deem of public interest and beneficial to the mining interests of the State. Such report shall be filed with the governor on or before the thirtieth day of December next succeeding the year for which it was made, and such report shall be printed upon the requisition of the governor, and in order that the report may be annually printed and distributed among the operators, miners and citizens of this State, the sum of fifteen hundred dollars shall annually be allowed out of the State treasury for this special purpose.

(b) Any mine inspector failing to comply with the requirements of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars, and be dismissed from office.

(c) The governor of the State of West Virginia, together with the chief mine inspector created by this act, shall divide the State of West Virginia into five mining districts.

SEC. 4. Each inspector shall examine the mines of his district at least twice every year, and oftener if called upon by twenty miners engaged in any one mine, and he shall see that all the provisions of this act are observed and strictly carried out. He shall particularly examine into the condition of the mines as to ventilation, drainage and general safety, and shall make a record of all such examinations. He shall also for each year ending with the thirtieth day of June, make a written report to the governor, of his proceedings as such inspector, stating therein the number of mines in his districts, the thickness of the seams mined, the number of miners employed in each mine, the condition in which the mines were found, the extent to which this act is obeyed or violated, the number of accidents and deaths resulting from injuries received in or about the mines, with the cause of each of such accidents and deaths, and such other information in relation to mines and mining, as he may deem of public interest. He shall also suggest or recommend such legislation on the subject of mining as he may think necessary. Such report shall be filed with the governor on or before the thirtieth day of December, next sueceeding the year for which it is made.

SEC. 5 (as amended by chapter 106, Acts of 1901). The operator or agent of every coal mine shall, within six months after the passage of this act, 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, not exceeding one hundred feet to the inch. Such map or plan shall show the openings or excavations, the shafts, slopes, entries, air ways, headings, rooms, pillars, etc., 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, within the six months aforesaid, be delivered by such operator to the inspector of his district, to be preserved among the records of his office, and turned over to his successor in office; and the original map, or a true copy thereof, shall be kept by such operator at the office of the mine, and open at all reasonable times for the examination and use of the inspector: and such operator shall, twice within every twelve months, and not more than seven months apart, while the mine is in operation. cause such mine to be surveyed and the map thereof extended so as to accurately show the progress of the workings, the property

lines and outcrop as above provided; and he shall immediately thereafter notify the inspector of his distret, who shall forward to the said operator, or his engineer, the maps held by such inspector to be extended as above required.

SEC. 6. * *, it shall be unlawful for the operator, or Escape shafts. agent, of any coal mine, to employ any persons at work in said mine, or permit any persons to be in said mine for the purpose of working therein, unless they are in communication with at least two openings or outlets, separated by natural strata, of not less than one hundred feet in breadth, if the mine be worked by shaft, and of not less than fifty feet in breadth, if worked by slope or drift. To each of said outlets there shall be provided, from the interior of the mine, a safe and available roadway, which shall at all times while the mine is in operation be kept free from all obstructions that might prevent travel thereon in case of an emergency, and if either of said outlets be by shaft, it shall be fitted with safe and available appliances, such as ladders, stairs, or hoisting machinery, which shall, at all times, when the mine is in operation, be kept in order and ready for immediate use, whereby persons employed in the mine may readily escape in case of an accident. This section shall not apply to any mine while work is being prosecuted with reasonable diligence in making communication between said outlets, so long as not more than twenty personsare employed at any one time in said mine; neither shall it apply to any mine, or part of a mine, in which the second outlet has been rendered unavailable by reason of the final robbing of pillars preparatory to abandonment, so long as not more than twenty persons are employed therein at any one time.

Speaking

Safety cages.

SEC. 8. The operator or agent of every coal mine worked by shaft shall forthwith provide, and hereafter maintain, a metal tubes. tube from the top to the bottom of such shaft, suitably adapted to the free passage of sound, through which conversation may be held between persons at the top and at the bottom of the shaft; also the ordinary means of signaling, and an approved safety catch and a sufficient cover overhead on every carriage used for lowering or hoisting persons, and at the top of the shaft an approved safety gate, and an adequate brake on the drum of every machine used to lower or hoist persons in such shaft; and the said operator or agent shall have the machinery used for lowering or hoisting persons into or out of the mine, kept in safe condition and inspected once in each twenty-four hours by some competent person.

Hoisting.

SEC. 9. No operator or agent of any coal mine, worked by shaft or slope, shall place in charge of any engine, used for lowering into or hoisting out of said mine, persons employed therein, any but competent and sober engineers; and no engineer in charge of such machinery shall allow any person except such as may be deputed for that purpose, by the operator or agent, to interfere with any part of the machinery; and no person shall interfere with or intimidate the engineer in the discharge of his duties; and in no case shall more than ten persons ride on any cage or car at one time, and no person shall ride on a loaded cage or car in any shaft or slope. All slopes or engine planes, used as traveling ways by persons in any mine, shall be made of sufficient width to permit persons to pass moving cars with safety, or refuge holes Refuge holes. of ample dimensions, and not more than sixty feet apart, shall be made on one side of said slope or engine plane. Such refuge holes shall be kept free from obstructions, and the roof and sides thereof shall be made secure.

SEC. 10 (as amended by chapter 106, Acts of 1901). The operator or agent of every coal mine, whether worked by shaft, slope or drift, shall provide and hereafter maintain for every such mine ample means of ventilation, affording no less than one hundred cubic feet of air per minute for each and every person employed in such mine, and as much more as the circumstances may require, which shall be circulated around the main headings and cross headings and working places, to an extent that will dilute, render

Ventilation.

harmless and carry off, the noxious and dangerous gases generated therein; and as the working places shall advance, break throughs for air shall be made every one hundred feet in the pillars, or brattice shall be used, so as to properly ventilate the face, and all the break throughs, not required for the passage of air, shall be properly closed with brattice, or brattices shall be used, so as to keep the working places well and properly ventilated. In all mines generating fire damp and where there is every reason to believe that gas will be constantly encountered in the future workings and developments of the mine, all stoppings on the main entries shall be constructed in a substantial manner and as nearly as practicable air-tight, except for temporary purposes; doors on main haul ways shall be avoided in gaseous mines where praeticable, and overcasts adopted when and where the same may expediently be built, and where doors are used they must be built in a substantial manner and hung so as to close automatically Unused work- when unobstructed. All old unused workings and abandoned parts ings. of the mines must be protected by such safeguards as will prevent the dangerous overflow of any standing gas therein, and all avenues leading thereto shall be so arranged and conducted as to give cautionary notice to all such workmen in such mines of the danger in entering therein. And in order to secure the safety of the workmen in general against danger in said abandoned or worked-out parts of the mines notices shall be put up and kept standing as far as practical, which shall afford warning to all such workmen not to enter in such parts of said mines; and in addition thereto, all persons, other than those specially charged with that duty, are hereby forbidden to enter such abandoned parts of such mines where gas may be found. And for violation of this provision of this act, such person or persons so offending shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five dollars nor more than one hundred dollars and be confined in the county jail not less than ten days nor more than one year. No miner or other employee shall take into the mines in this State any larger quantity of powder or other explosive than he or they may reasonably expect to use during their term of employment of one day of twelve hours. In all mines where explosive gas, or other gas of a dangerous or poisonous nature, is known to generate in large and dangerous quantities, the workmen shall be immediately instructed to withdraw from the mine in case of stoppage of the fan, or heavy falls of the roof which may obstruct the main intake or return air way, until such obstruetion is removed. And it shall be unlawful in all mines where gas Ventilating is being generated in large and dangerous quantities, to use any other mechanical power for ventilation purpose except fan power. or the equal thereof; and the fan or other power, shall be kept in operation night and day unless written permission to do otherwise be granted by the chief inspector or the district inspector in whose district the mine is situated; but no mine operator shall be required to keep such fan going where it is necessary to shut it down for the purposes of repairing machinery or doing other work in the mines which may make it necessary. It shall be unlawful for any miner after having exploded in any working place sixty cubical inches or more of powder, in one or more blasts, in any mine known to generate gas in large and dangerous quantities, to enter such working place and attempt to resume work in any manner whatever with a naked light in less than twenty minutes after the blast has been exploded.

Powder.

fan.

Blasting.

Fire boss.

66

It shall be the duty of every mine owner or operator in this State whose mine or mines are known to generate fire damp or other dangerous gas or gases, in dangerous quantities, to employ a "fire boss" or "bosses" where necessary, who shall be a citizen or citizens of this State, and have such knowledge of fire damp and other dangerous gases as to be able to detect the same with the use of safety lamps, and shall have a practical knowledge of the subject of ventilation of mines and the machinery and appliances used for that purpose, and be a person with at least three years'

experience in mines generating such fire damp and dangerous gases. It shall be the duty of said fire boss or bosses where employed in said gaseous mines to fix and determine upon some intelligent plan to warn and give notice to all the employees of such mines when they may be permitted to enter such mine or mines to begin work upon each shift of their employment; and it shall further be the duty of said fire boss or bosses to go into all the working places of such mine or mines where gas is known to exist, or liable to exist, in dangerous quantities, and carefully examine the same with a safety lamp, and do, or cause to be done, whatever may be necessary to remove from such working place or places all dangerous gases and make the same safe for persons to enter therein as workmen in such mine or mines; such examination and removal of said gases shall be made immediately before each shift begins to work in such mines, and thereafter to at once give such notice or warning to the employees in said mine or mines on the outside thereof that the same is safe for them to enter therein and begin work. In the performance of the duties on the part of the fire boss or bosses they shall have no superior officer, but all the employees working inside of said mine or mines shall be subordinate to said fire boss or bosses in this particular work. It shall be unlawful for any person to enter said mine or mines for any purpose at the beginning of work upon each shift therein until such signal or warning has been given by said fire boss or bosses on the outside of said mine or mines as to the safety thereof, as herein provided, except under the direction of said fire boss or bosses, and then for the purpose of assisting in making said mine safe; and each person who shall enter such mine before such notice or signal has been given shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars nor more than five hundred dollars, and imprisoned in the county jail not less than sixty days nor more than one year. In all mines generating fire damp, accumulations of fine, dry coal dust shall, as far as practicable, be prevented, and such dust shall, whenever necessary, be kept properly watered down. The safety lamps used for examining any mine or which may be used for working therein, shall be furnished by, and be the property of, the operator of the mine, and shall be in charge of some person to be designated by the "fire boss," and at least one safety lamp shall be kept at every coal mine whether such mine generates fire damp or not.

SEC. 11 (as amended by chapter 106, Acts of 1901). In order to Mining boss. better secure the proper ventilation of every coal mine and promote the health and safety of persons employed therein, the operator or agent shall employ a competent and practical inside overseer, to be called "mining boss," who shall be a citizen of this State and an experienced coal miner, or any person having three years' experience in a coal mine, who shall keep a careful watch over the ventilating apparatus and the air ways, traveling ways, pumps and drainage; and shall see that, as the miners advance their excavations, proper break throughs are made to properly ventilate the mine, and that all loose coal, slate and rock overhead in the working places along the haul ways be removed or carefully secured so as to prevent danger to persons employed in such mines; and that sufficient props, caps and timbers, as nearly as possible of suitable dimensions, are furnished for the places where they are to be used; and such props, caps and timbers shall be delivered and placed at such point as the rules for the government for each respective mine provide for them to be delivered; and every workman in want of props, cap pieces and timbers shall notify the mining boss, or such other person who may be designated for that purpose, at least one day in advance, giving the length and number of props or timbers and cap pieces he requires; but in case of an emergency the timbers may be ordered immediately upon the discovery of any danger; and it shall be the duty of each miner to properly prop and secure his place in order to make the same se

H. Doc. 733, 58-2-79

Timbers.

Bore holes.

cure for him to work therein. The said mine boss shall have all water drained or hauled out of the working places where the same is practicable, before the miners enter, and said working places kept dry as far as practical while the miners are at work. And in mines in which the operations are so extensive that all the duties devolving upon the mine boss can not be discharged by one man, competent persons having had two years' experience in a coal mine may be designated and appointed as assistants, who shall act under the mine boss's instructions, and who shall be responsible for their conduct in the discharge of their duties under Refuge holes. such designation or employment. On all haul ways, space not less than ten feet long and two feet, six inches wide, between the wagon and the rib, shall be kept open at distances not exceeding one hundred feet apart, in which shelter from passing wagons may be had. It shall further be the duty of the mining boss to have bore holes kept not less than twelve feet in advance of the face, and, where necessary, on sides of the working places that are being driven toward and in dangerous proximity to an abandoned mine or part of mine suspected of containing inflammable gases or which is filled with water. On all haul ways where hauling is done by machinery of any kind, the mine boss shall provide a proper system of signals and a conspicuous light, and also for the carrying of a conspicuous light on the front car of every trip or train of cars when in motion in a mine, and when the hoisting or lowering of men occurs before daylight in the morning or at evening after darkness at any mine operated by shaft, the said mine boss shall provide and maintain at the shaft mouth a light of a stationary character sufficient to show the landing and all surrounding objects distinctly, and sufficient light of a stationary character shall be located at the bottom of the shaft so that persons coming to the bottom may clearly discern the cages and other Hoisting objects closely contiguous thereto. No cages on which men are riding shall be lifted or lowered at a rate of speed greater than six hundred feet per minute. No mine cars, either empty or loaded. shall be hoisted, while men are being lowered or hoisted, and no cage having an unstable self-dumping platform shall be used for the carrying of workmen unless the same is provided with some device by which the same can be securely locked when men are being hoisted or lowered into the mine. At every mine where fifty men are employed underground, it shall be the duty of the operator thereof to keep always on hand at the mine a properly constructed stretcher, woolen and a waterproof blanket, and all necessary requisites which may be advised by the medical practitioner employed by the company, and if as many as one hundred and fifty men be employed two stretchers with the necessary Workings to equipments as above advised. The mining boss, or his assistant, be kept safe. shall visit and examine every working place in the mine as often as practicable and as to him may seem necessary while the miners of such places are at work, and shall direct that each and every working place shall be secured by props or timbers whenever necessary, which shall be placed and used by the miners working therein as in this act provided, to the end that such working places shall be made safe, and the said mine boss shall not direct anyone to work in an unsafe place unless it be for the purpose of making it safe. The mining boss shall notify the operator or agent of the mine of his inability to comply with any of the requirements of this section, and it shall then become the duty of any operator or agent to at once attend to the matter complained of by the mining boss, so as to enable him to comply with the provisions hereof if the same can be practicably done.

workmen.

Stretchers.

Having complied with the law by the employment of a mining boss, the operator is not liable for the injuries arising from the negligence of such boss, he being a fellow-servant with other employees. 30 S. E. Rep. 107 SEC. 12. The operator or agent of every coal mine shall furnish the inspector proper facilities for entering such mines, and making Defective con- examinations or obtaining information; and if any inspector ditions. shall discover that any mine does not in its appliances, for the

Access to mines.