Mining Laws of Ohio, 1921.
by Anonymous.
FOREWORD.
=The Department of Industrial Relations.=
The act of the Eighty-fourth General a.s.sembly, known as House Bill two hundred forty-nine, found in 109 Ohio Laws at page 105, became effective on July 1, 1921.
This law provides for the reorganization of the executive department of the state government and is an administrative code centralizing related executive functions and activities for better administrative care and control.
All duties, rights, liabilities, authority and privileges relating to MINES and MINING, formerly had and exercised under the law by THE INDUSTRIAL COMMISSION OF OHIO, was, by the above mentioned law, conferred upon and imposed in THE DEPARTMENT OF INDUSTRIAL RELATIONS to be administered by the Director of Industrial Relations.
This pamphlet contains all the provisions of the General Code of Ohio directly relating to MINES and MINING, their operation, control and management, put into convenient form for the information and guidance of employers, employes and the general public, for whose benefit and observance they have been enacted.
In any section of the law herein given where the phrase "Industrial Commission" or "The Industrial Commission of Ohio," or "Chief Inspector of Mines" is found, the phrase "The Department of Industrial Relations" is to be read, because such department has, by the law first above mentioned, been given the powers and duties before had by such commission.
All the statutes printed in this pamphlet are in full force and effect.
The Department of Industrial Relations,
WILLIAM ROBINETT, _Chief, Division of Mines_.
=NOTICE.=
Where there is more than one section relating to the same subject matter, the additional section references have been placed at the end of these sections in parenthesis.
Persons are also requested to consult the Table of Contents as well as the Cla.s.sified Index which is given in minute detail.
Also read carefully the _Penalties_ which are provided in Section 976 for violation of all laws commencing with duty of County Coroner in Section 921, and ending with Section 975, with the exception of Sections 968, 969 and 972, for which no penalties are provided.
Mining Laws of Ohio
Sec. 898. Repealed. (Appointment of chief.)
Sec. 899. [=Qualifications of chief inspector of mines.=] No person shall be appointed chief inspector of mines unless he has a competent knowledge, insofar as such sciences relate to mining, of chemistry, the mineralogy and geology of this state, a practical knowledge of the different systems of working and ventilating mines, the nature and properties of the noxious and poisonous gases in mines, particularly fire-damp, the best means of preventing the acc.u.mulation of such gases, and the best means of removing the same.
He shall also have had at least five years actual practical experience in mining in this state, shall have a knowledge of mine engineering, and shall have a practical knowledge of the uses and dangers of electricity as applied at, in, and around mines.
Sec. 900. The Industrial Commission of Ohio shall appoint, with the approval of the governor, and upon recommendation of the chief deputy of the division of mines and mining, five district inspectors of mines in addition to those now in such service, making in all the number of district inspectors of mines seventeen.
Sec. 901. [=Qualifications of district inspectors of mines.=] No person shall be appointed district inspector of mines unless he has been a resident of the district for which he is appointed, for at least two years, has had at least five years" actual practical experience in mining in this state, has a practical knowledge of the best methods of working and ventilating mines, of the nature and properties of noxious and poisonous gases, particularly fire-damp, of the best means of detecting the presence of and preventing acc.u.mulation of such gases and the best means of removing the same, and has a practical knowledge of the uses and dangers of electricity as applied at, in and around mines.
Sec. 902. Repealed. (Devoting entire time to duties.)
Sec. 903. Repealed. (Bond.)
Sec. 904. [=Offices of inspectors.=] The chief inspector of mines shall have an office at the seat of government, in which he shall keep the maps and plans of all mines in the state, and all records, correspondence, papers, apparatus, and other property belonging to the state, pertaining to his office, in accessible and convenient form for reference by persons ent.i.tled to examine them, all of which he shall deliver to his successor in office. The persons ent.i.tled to examine maps, plans, records and papers of a mine, shall be the owner, lessee or agent of such mine; the persons financially interested in such mine; the owner, or owners, of land adjoining such mine; the owner, or owners, of land adjacent to such mine; the owner, lessee or agent of a mine adjacent to such mine; and the authorized representatives of the employes of such mine. The chief inspector of mines shall not permit such maps, plans, records and papers to be removed from his office, and shall not furnish copies thereof to any persons, except by request of the owner, lessee or agent of the mine to which such maps, plans, records and papers pertain. Each district inspector shall keep his office in such place in his district as is central and convenient.
Sec. 905. Repealed. H.B. 249--Sec. 3, 109 O.L.; 105. (Salaries and expenses of inspectors.)
Sec. 906. [=Duties of chief inspector.=] The chief inspector of mines shall designate the counties, or portions thereof, which shall compose the different districts, and may change such districts whenever in his judgment the best interests of the service so require. He shall issue such instructions, and make such rules and regulations for the government of the district inspectors of mines consistent with the powers and duties vested in them by law, as will secure uniformity of action and proceedings throughout all the districts. The chief inspector of mines may order one district inspector of mines to the a.s.sistance of any other, or may make temporary transfers of district inspectors of mines, when, in his judgment, the efficiency of the service demands or permits, and with the consent of the governor, may remove any district inspector of mines for reasonable cause. The chief inspector of mines shall give such personal a.s.sistance to the district inspectors of mines as they may need, and make such personal inspection of the mines as he deems necessary and his other duties permit. He shall keep in his office and carefully preserve all maps, surveys, reports and other papers, required by law to be filed with him, and arrange and preserve them as a permanent record of ready, convenient and connected reference.
He shall, upon receipt of a report of the district inspector of mines, or of a committee of miners, covering the conditions of a mine, promptly mail a copy thereof to the general office of the owner, lessee or agent of such mine. (Sec. 967.)
Sec. 907. [=Duty in case of fatal accident.=] Upon receiving notice from the owner, lessee or agent that a fatal accident has occurred at a mine, the chief inspector of mines shall go, or order one of the district inspectors of mines to go, at once to the mine at which such accident occurred, inquire into its cause, and make a written report setting forth fully the condition of that part of the mine wherein the accident occurred, and the cause thereof. Such report shall be filed by the chief inspector of mines in his office, and a copy mailed to the general office of the owner, lessee or agent of such mine. (Sec. 921, 934, 940, 951.)
Sec. 908. Repealed. (Annual Report.)
Sec. 909. [=Duties of district inspectors of mines.=] Each district inspector of mines shall examine each mine in his district, in which men are employed, as often as practicable, and mines employing more than ten persons, at intervals not exceeding three months between examinations, noting particularly the condition of the boilers and machinery, the location and condition of the buildings, the condition of the workings of the mine, the condition of the traveling and haulways, the circulation and condition of the air and drainage, and shall see that the provisions of this act are complied with. Upon the completion of the examination of a mine, he shall within a reasonable time thereafter, report in writing to the chief inspector of mines, the conditions of the mine, showing the extent to which the provisions of this act are complied with or violated.
(Sec. 913.)
Sec. 910. [=District inspectors as sealers of weights and measures.=] The district inspectors of mines are hereby vested with all the powers and authority of county auditors as sealers of weights and measures in the different counties of this state, but shall exercise such authority in connection with weights and measures at mines, only. Each district inspector of mines may upon his regular examination of a mine, and shall, upon the written request of the duly authorized representatives of the miners, the owner, lessee, or agent, or the interested land owner, test the accuracy of the scales at any time, and post in the weight house a certificate provided by the chief inspector of mines, certifying the condition of the scales, provided that such tests be made at a reasonable time without unnecessary inference with the use of such scales. (Sec. 941.)
[=Duty of district inspectors in case of controversy.=] In case of a controversy or disagreement between the district inspector of mines, and the owner, lessee or agent of a mine, or persons working therein, or in case of emergency requiring counsel, the district inspector of mines may call upon the chief inspector of mines for such a.s.sistance and counsel as is necessary.
Sec. 911. [=Inspectors shall exercise discretion.=] Each inspector shall exercise discretion in the enforcement of the provisions of this act. If he finds that any matter, thing or practice, connected with any mine, and not prohibited by law, is dangerous or defective, (or that from a rigid enforcement of any of the express provisions of this act, such matter, thing or practice would become dangerous or defective), so as in his opinion to tend to the bodily injury of any person, such inspector shall give notice in writing to the owner, lessee, or agent of the mine, of the particulars in which such mine or any matter, thing, or practice connected therewith is dangerous or defective, and require it to be remedied by making such changes as the conditions may require. Provided, however, that in the exercise of the foregoing provisions relating to the application of electricity or electric wires, the judgment of the chief inspector of mines and the district inspector of mines, jointly shall be required. (Sec. 947-948.)
Sec. 912. [=Inspectors shall have access to mines.=] For the purpose of making the examinations provided for in this act, the chief inspector of mines, and each district inspector of mines, may enter any mine at reasonable times, by day or night, but in such manner as will not unnecessarily impede the working of the mine, and the owner, lessee or agent thereof shall furnish the means necessary for such entry and examination.
[=Examination of record of minors employed.=] The district inspector of mines shall examine the record kept by the mine foreman, of boys under sixteen years of age employed in each mine, and report to the chief inspector of mines, the number of such person employed in and about each mine, and enforce the provisions of this act relative to their employment. (Sec. 944-953.)
"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.