LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 106 not exceed twelve gallons at any one time, except that in case of emergency such engine may be temporarily placed where needed and the inspector of the district where the mine is located immediately notified thereof, who shall at once proceed to the mine and determine as to the safety of the employes of the mine while the engine is so operated at the place required, and if in his judgment the operation thereof can be continued with reasonable safety to the employes of the mine at the place required, the owner, lessee or person in charge of the mine may continue the operation thereof while the employes of the mine are at work until the emergency therefor shall have ceased; otherwise the inspector shall order the employes, except such as are required to operate the engine and work connected therewith, to leave the mine until the same is made safe. At all hoisting shafts, air shafts, escape shafts and places of exit, boiler and engine rooms, stables in mines and places where gasoline engines are used, there shall be kept ready for use at all times at least two (2) good, hand fire extinguishers, conveniently placed for immediate use when needed. SEC. 38. Telephone system in certain mines. In all mines where the working parts thereof exceed three thousand (3000) feet from the foot of the slope, shaft or the mouth of a drift as the case may be, a good and substantial telephone system or other like suitable means of communication shall be maintained from the bottom to some suitable and convenient point at all times ready for use, which shall be extended as the works of the mine progress three thousand (3000) feet therefrom. SEC. 39. Stretchers, blankets and bandages. The owner, operator, or person in charge of any mine shall at all times keep in readiness for use in case of accident and at the mine at some convenient place, one good and substantial stretcher for each fifty (50) employes engaged in the operation of the mine, and proper and sufficient blankets for each stretcher, together with a sufficient and reasonable supply of bandages. SEC. 40. Annual report-reports of accidents. The owner, lessee, operator or person in charge of any mine shall on or before the first day of August in each year send to the office of the inspector of the district where the mine is located upon blanks furnished by the state a correct return with respect to the year ending July first of each year, the quantity of coal mined and the number of persons ordinarily employed at, in and around such mine designating the number of persons below and above ground and such other information as required by such blank. In all cases, the owner, operator, lessee, or person in charge of any mine in this state, upon the happening of any accident, by which injury occurs to any of the employes above or below ground, shall immediately report the same to the state mine inspector of the district in which said mine is located, which report shall contain a detailed statement of the extent of the accident, and the manner in which it occurred, which report shall conform to the standard form of reports, as provided by the state mine inspector in such cases. SEC. 41. Duties of mine foreman or pit boss. It shall be the duty of the mine foreman or pit boss in charge of any mine or part thereof to make careful inspection of the mine from day to day by himself or assistant and at such other times as in his judgment conditions may require. He shall give such directions and formulate such rules for the guidance of the men employed in the mine as skillful and safe operation of the mine may require. He shall see that the mines are supplied with props of proper lengths, caps and other timbers necessary to securely prop the roof of such mine, and the rooms wherein the men are employed, and such material shall be conveniently placed for the use of the miners. He shall keep a careful watch over the ventilating apparatus and air-ways, together with all of the stoppings, doors CH. 106] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY and other means of directing the air current. He shall keep a record of the boys under sixteen (16) years of age employed by him during the time of school vacation, showing their ages, names and residence of parents or guardian and character of employment, which record shall be kept at the office of the mines and open for inspection at all reasonable times. He shall examine the escape shaft, man-way, the traveling ways leading thereto, or cause them to be examined by his assistant once each day, and written report of the conditions shall be made and filed in the office at the mine, which shall be open for examination at all reasonable times to representatives of the employes and such other persons entitled thereto. A copy of such report shall be sent each month to the state mine inspector of the district in which said mine is operated. If he finds the condition of the escape shaft, man-way or traveling ways impassable or dangerous, he shall immediately notify the employes of the mine thereof, and shall immediately upon the discovery of the defect, place such obstructions at the defective place as may be reasonably necessary to apprize the employes of the danger. SEC. 42. "Mine foreman" defined. The term "mine foreman", as mentioned in this act, and the law of this state, shall mean and be construed to be one in charge of the underground workings or department of the mine or any part thereof, either by day or night. SEC. 43. Revocation of certificates. In any case where the mine foreman, pit-boss, engineer or other person receiving a certificate under the law pertaining to mines and mining within this state, shall have wilfully disobeyed the orders of the mine inspector or have been convicted of a misdemeanor as by this act provided, his certificate shall be revoked, if the evidence warrants upon complaint being filed with the board of examiners who shall proceed to hear the case at such time and place as they may determine, which shall be as soon as practicable after the charges are filed and notice by them given to the accused. The board shall have power to subpoena the witnesses and administer paths and a majority of the board required to determine the questions at issue; the costs incurred shall be taxed to the losing party and collected as in other cases. SEC. 44. Duties of miners or other employes. It shall be the duty of each employe to examine his working place upon entering the same and shall not commence to mine or load coal or other mineral until it is made safe. Each miner or other employe employed in a mine shall securely prop and timber the roof of his working place therein and shall obey any order or orders given by the superintendent or mine foreman relating to the width of the working place and to the security of the mine in the part thereof where he is at work. Each miner or other person shall avoid waste of props, caps, timbers and other material and when he has props, caps, timbers or other material not suitable. for his purpose, he shall place the same at some convenient point near the track and where the same may be readily seen, and inform the mine foreman or other person in charge, of their being unsuitable for the purpose intended. When draw-slate or other like material is over the coal he shall see to it that proper timbers are placed thereunder for his safety before working under the same, and it shall be unlawful and a violation of this act for any person working in a mine at any time to leave any of the doors open that direct the air current after he has passed through the same, but shall closely observe after passing through such doors that the same are properly closed. SEC. 45. Caution as to property, doors, etc. No workmen or other person shall knowingly injure a water guage, barometer, air course, brattice, equipment, machinery or live stock; obstruct or throw open any air-way, handle LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 106 or disturb any part of the machinery of the hoisting engine of the mine; open a door of a mine and neglect to close it; endanger the mine or those working therein; disobey any order given in pursuance of law or do a wilful ́act whereby the lives of persons working therein or the security of the mine or the machinery connected therewith may be endangered; and it shall be unlawful for any workmen or person to place any refuse material or any obstruction in any part of the air-course or any part of the breaks-through in the entries or rooms other than as by this act provided. SEC. 46. Intoxicated persons and intoxicants. No persons shall go into, at or around a mine or the buildings, tracks or machinery connected therewith while under the influence of intoxicants and no person shall use, carry or have in his possession, at in or around the mine or the buildings, tracks or machinery connected therewith, any intoxicants. SEC. 47. Examination of drill holes and shots or blasts. It shall be unlawful for any miner or other person to charge a drill hole with powder or other explosive until the shot examiner shall have first examined the same, and the shot examiner shall forbid the charging of any drill hole with powder or other explosive, if in his judgment he believes it would be unsafe to the employes to discharge the shot as herein contemplated; and in any case where the shot examiner forbids the charging of any drill hole as by this act provided, he shall immediately make a cross with chalk markings at the mouth of the hole when condemned and make an entry thereof in a book retained. by him for that purpose, stating the name of the person working in such place, the number of drill holes in such place which he forbids being charged with powder or other explosives and the date thereof, which record shall be retained and kept in-tact for at least one week; and it shall be unlawful for any shot firer or any other person to discharge any shot or blast until it has first been examined; nor shall any person fire a shot or blast which has been condemned by the shot examiner as by this act provided, and in any case when the mineforeman shall have forbidden the charging of any drill hole or the firing of any shot, no person shall be permitted to charge such hole or fire such shot, and if the shot examiner forbids the charging of a hole or the firing of a shot, the mine-foreman shall not cause the hole to be charged or the shot fired. SEC. 48. Certificate of competency. The law as it appears in section twentyfour hundred eighty-nine-a (2489-a) supplement to the code 1907, is hereby amended by striking out the words "whose daily out-put is in excess of twentyfive (25) tons, as found in the fourth and fifth lines thereof, and substitute therefor, the following: "employing five (5) or more persons therein". SEC. 49. Purity of oil. Section twenty-four hundred ninety-three (2493), of the code, is hereby repealed and the following enacted in lieu thereof: "Only pure animal or vegetable oil or other means for illuminating purposes equally as safe and free from smoke or offensive odor shall be used in any mine in this state; and for the purpose of determining the purity of oils the state board of health shall fix a standard of purity of the said oils and establish regulations for testing the same, and when so determined and established shall be recognized by all of the courts of this state. And in any case where any material, substance or other means of illumination is used for illuminating purposes as by this act contemplated any refuse part thereof remains after use which gives off any gas or offensive odor shall by the person using it be removed from the mine at the end of his day's work." SEC. 50. Sale or use of impure oil-penalty. That the law as it appears in section twenty-four hundred ninety-four (2494) supplement to the code 1907, is hereby repealed and the following enacted in lieu thereof: CH. 106] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY "Any person, firm or corporation either by themselves, agents, or employes selling or offering to sell for illuminating purposes in any mine in this state any adulterated or impure oil, or oil not recognized by the state board of health as suitable for illuminating purposes or other substance to be used for illuminating purposes not equally as safe and free from smoke or offensive odor as oils contemplated by this act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five ($25.00) dollars or more than one hundred ($100.00) dollars for each offense; and any mine owner, lessee, operator or employe thereof who shall knowingly use, or any mine owner, lessee, or operator who shall knowingly permit to be used, for illuminating purposes in any mine in this state, any impure or adulterated oil or any oil or other means of illuminating, the use of which is forbidden by this act, shall, upon conviction thereof be fined not less than five ($5.00) dollars or more than twenty-five ($25.00) dollars." SEC. 51. Failure to make changes or improvements ordered by inspector. In all cases arising when not covered by statute it is found necessary that some change, improvement or device is required to reasonably protect the life, health or limb of the employes of any mine or works connected therewith, and the owner, lessee, operator or person in charge, fails or refuses to make the change or the improvement or supply the device needed within a reasonable time after written notice thereof, having been given by the inspector of the district within the district where the mine is located, the inspector shall file a verified petition with the clerk of the district court of the county where the mine is located setting out the facts and thereupon give five days' notice to the accused in the same manner as original notices are given and served, stating the time and place and the name of the judge. before whom the case will be tried, who shall hear the evidence offered by either party, and when and where the defaulting party shall be required to appear at the time and place mentioned in the notice which may be at any place convenient for the judge in the judicial district. The proceedings shall be entitled the State of Iowa as plaintiff and the owner, operator or person in charge as defendant, who shall plead on or before noon of the fourth day after notice. At the time and place fixed in the notice the case shall be heard and tried by the judge as in equity, who shall make such order as the evidence supports. The burden of proof shall rest upon the plaintiff to show that the order of the inspector was a reasonable one or the proposed change, improvement or device reasonably required for the purpose intended; and if the evidence in the whole case fails to prove that the order as made by the inspector was a reasonable one or the proposed change, improvement or device necessary for the purposes intended, the judge shall forthwith issue a mandatory order for compliance therewith, and enter the same of record in the district court of the county in which the hearing is had or the mine in controversy located. If the defendant has failed to comply with the order made by the judge, such defendant may be charged with contempt of court and upon. conviction thereof be fined not to exceed five hundred dollars ($500.00) and committed to the county jail until such fine is paid. The clerk of the district court where such petition has been filed shall issue subpoenas at the request of either party, and witnesses shall be required to respond thereto as in other cases, and it shall be a part of the county attorney's official duty to represent the plaintiff in all matters pertaining to the proceedings. Pending such proceedings, the judge may, if in his judgment it is deemed advisable for the safety of the employes, order the mine closed until such changes are made as have been directed by him. SEC. 52. Penalties. In all cases the penalties as provided by the law in sections twenty-four hundred ninety-one (2491) and twenty-four hundred ninety LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 108 two (2492) of the code, shall apply to this act, except when otherwise herein. provided. Approved May 6, A. D. 1911. CHAPTER 107. EXPENSES OF MINE INSPECTORS. S. F. 202. AN ACT amending section two thousand four hundred eighty-two (2482), supplement to the code 1907, relating to the expense of mine inspectors. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Expenses and supplies-how paid. The law as it appears in section two thousand four hundred eighty-two (2482), supplement to the code 1907, is hereby amended by adding thereto after the period following the word "duties", at the end of said section, the following: "The costs and expenses of the office of the mine inspector other than at the capitol, including rental, telephone, office supplies and necessary fixtures shall be paid for by the state, and the bills audited and allowed by the executive council, who shall direct a warrant to issue therefor. The bills for current expense shall be presented monthly and shall not exceed the sum of fifteen dollars ($15.00) per month for each inspector, whose office is maintained at a place other than at the capitol."' Approved March 25, A. D. 1911. CHAPTER 108. INSPECTION AND TEST OF ILLUMINATING OILS. S. F. 449. AN ACT to amend the law as it appears in section twenty-five hundred and five (2505) supplement to the code, 1907, as amended by chapter one hundred and forty-seven (147) acts of the thirty-third general assembly, relating to the inspection and test of all illuminating oils kept for sale or sold within this state. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Oil rejected-when. That the law as it appears in section twentyfive hundred and five (2505) supplement to the code, 1907, as amended by chapter one hundred forty-seven (147) acts of the thirty-third general assembly, be and the same is hereby amended by striking from the seventh line of section twenty-five hundred and five (2505) supplement to the code, 1907, the figures "105" and inserting in lieu thereof the figures "100". Approved April 15, A. D. 1911. |