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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : LABOR AND INDUSTRIAL RELATIONS
Chapter : Chapter 293 Mining Regulations
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Unless the context clearly requires otherwise, as used in this
chapter, the following terms have the following meanings:
(1) "Adit", any practically horizontal way in or to a mineral deposit to
be used for the same purposes as a shaft;
(2) "Coal mine", any strip mine or underground excavation from which coal
or lignite is extracted for commercial purposes and including the mining
plant and all parts of the property of such mine, on the surface or
underground;
(3) "Director", the director of the division of mine inspection of the
state of Missouri;
(4) "Mine inspectors", those persons employed by the division of mine
inspection, including the director, who are charged with the inspection
of coal and noncoal mines in this state;
(5) "Mineral", any metalliferous element or ore, coal or lignite, or any
nonmetalliferous element or ore, except barite, marble, limestone, and
sand and gravel;
(6) "Noncoal mine", any open pit or underground excavation from which
minerals, as defined in this section, except coal are extracted for
commercial purposes, including the mining plant and all parts of the
property of such mine, on the surface or underground;
(7) "Operator", the person, firm, or body corporate who or which is the
immediate proprietor, as owner or lessee, of the mine and, as such,
responsible for the condition and management thereof;
(8) "Shaft", any vertical or near-vertical opening through the strata
which is to be used for ventilation or escapement, or for the hoisting
and lowering of men, ore or material in connection with the mining of
minerals;
(9) "Slope", any inclined shaft or way in or to a mineral deposit to be
used for the same purposes as a shaft;
(10) "Strip mine", any excavation in which the superincumbent strata are
removed, exposing the mineral so that it may be extracted and loaded by
hand or mechanical equipment in open working;
(11) "Working place", any room, face, crosscut, or pillar where a mineral
is being mined or extracted and where one or more miners per working
shift of the mine are regularly employed until the place is stopped. (L.
1959 S.B. 188 § 1)
Unless indicated otherwise, this chapter applies to all mines in
this state engaged in the mining or extraction of minerals for commercial
purposes, except barite, marble, limestone, and sand and gravel, or the
prospecting for or the production of petroleum or natural gas; but does
apply insofar as shale is mined or extracted for the purpose of
recovering oil. (L. 1959 S.B. 188 § 2)
1. Every operator engaged in this state in the mining or
production of minerals for commercial purposes shall, within thirty days
after the end of each quarter-annual period, file with the director and
with the division of taxation and collection of the department of revenue
a statement, under oath, on forms to be prescribed and furnished in
triplicate by the director, showing the total amount of minerals sold,
shipped or otherwise disposed of during the last preceding quarter-annual
period; and shall, at the same time, pay on the primary products of his
operations sold, shipped or otherwise disposed of for profit to the
division of taxation and collection of the department of revenue mine
inspection fees as follows:
(1) On lead concentrates or galena, three cents per ton;
(2) On zinc ore or concentrates thereof, three cents per ton;
(3) On lead carbonate or concentrates thereof, one and one-half cents per
ton;
(4) On zinc carbonate or concentrates thereof, one and one-half cents per
ton;
(5) On zinc silicate or calamine or concentrates thereof, one and
one-half cents per ton;
(6) On all coal, two mills per ton;
(7) On all clays, two mills per ton;
(8) On shale, one mill per ton;
(9) On copper concentrates, three cents per ton;
(10) On iron ore or concentrates thereof, two mills per ton;
(11) On silica, one mill per ton;
(12) On granite, one cent per ton;
(13) On manganese, three cents per ton.
2. For each of the years beginning January 1, 1985, January 1, 1986,
January 1, 1987, and January 1, 1988, the fees as provided in subsection
1 of this section shall be increased yearly by twenty-five percent. The
fees for each year after 1988 shall be the same as provided for the year
1988.
3. The provisions of subsections 1 and 2 of this section to the contrary
notwithstanding, every operator engaged in mining or production of
minerals for commercial purpose in this state shall pay to the division
of taxation and collection within thirty days after the end of each
quarter-annual period a minimum mine inspection fee of ten dollars.
4. These fees shall be deposited in the state treasury and credited to
the "State Mine Inspection Fund", which is hereby created.
5. The director and the division of taxation and collection of the
department of revenue shall, for the purpose of verifying the statement
required in this section, have access to the tonnage and footage records
of production, shipments and sales records of all persons, firms and
corporations subject to the provisions of this chapter, and of their
respective vendees and agents of such vendees, and of carriers of the
products herein enumerated. (L. 1959 S.B. 188 § 5, A.L. 1984 H.B. 1317)
The operator of each mine in this state shall on request of the
director make, or cause to be made by a competent engineer, an accurate
map of the underground workings of his mine. The map shall bear the name
of the mine, its location, the name of the operator, and such other
information requested by the director as is necessary for the
administration of this chapter. (L. 1959 S.B. 188 § 6)
1. It is unlawful for any operator engaged in mining or
prospecting for minerals to work any employee at such labor longer than
eight hours in a day of twenty-four hours, without his consent, and it is
declared that eight hours constitute a day for any employee engaged in
such labor.
2. It is the duty of operators and employees to comply with the
provisions of this chapter and to cooperate with the division of mine
inspection in carrying out its provisions. Reasonable safety rules and
regulations for the protection of employees and preservation of property
that are in harmony with the provisions of this chapter shall be complied
with.
3. For the purpose of making known the provisions of this chapter and the
rules and regulations authorized by this chapter, an abstract of the law
and rules shall be furnished by the director and posted in conspicuous
places at or near mines where they may be conveniently read by the
persons there employed. It is unlawful to remove or deface such abstract,
and so often as they become obliterated or destroyed, the operator shall
cause them to be renewed. (L. 1959 S.B. 188 § 7)
Strangers or visitors shall not be allowed underground in any
mine, unless accompanied by the operator or his deputy. (L. 1959 S.B. 188
§ 7)
Every operator shall submit a report to the director during the
month of January of each year, which report shall include the name of the
person or firm engaged in mining, the location of the mines, the number
of acres of land owned or leased, the number of shafts, adits, slopes or
open pits operated, the number of men employed in and about the mines,
average wages paid employees, the amount of mineral produced, the number
and description of all accidents resulting in serious personal injury and
the number and description of all fatal accidents. (L. 1959 S.B. 188 § 9)
The director shall compile and make an annual report to the
governor on the first day of May setting forth the extent of workable
mining lands in the state by counties, the type and manner of mining, the
number of mines in operation, the number of men employed therein, and the
number and description of fatal mine accidents. (L. 1959 S.B. 188 § 9)
1. The operator of every mine employing twenty-five or more men
underground, for the purpose of improving the sanitation of his mine and
preserving the health of his employees, shall provide and maintain at a
convenient point near the principal entrance of his mine an adequate and
sanitary washroom and dressing room for the use of the employees, and
such other sanitation facilities as may be required by the director.
2. Every mine shall have an adequate supply of first aid equipment to be
used in case of injury to employees, and such supplies shall be located
on the surface and at other strategic places within the mine. The first
aid supplies shall be encased in suitable sanitary receptacles designed
to be reasonably dusttight and moistureproof. (L. 1959 S.B. 188 § 10)
1. All working places shall be secured sufficiently to protect
employees working at the face from falls of roof, ribs, or face. Loose
top and overhanging or loose faces and ribs shall be supported adequately
or taken down.
2. The bottom of every shaft shall be supplied with a traveling way, to
enable men to pass from one side of the shaft to the other, and without
passing under or over the cages.
3. Every owner, agent or operator of any mine in this state, employing
ten or more men, shall provide sanitary drinking devices for the use of
their employees. (L. 1959 S.B. 188 § 12)
(1971) This section was enacted to protect employees of mine companies
and not for the benefit of state mine inspectors. Tinker v. St. Joseph
Lead Co. (CA Mo.), 438 F.2d 1190.
Air in which men work or travel in mines shall be improved when:
(1) It contains less than nineteen and five-tenths percent oxygen;
(2) It contains more than one-hundredth percent carbon monoxide;
(3) It contains more than five-tenths percent carbon dioxide;
(4) It contains more than one percent methane; or
(5) Is contaminated with dust or with noxious or poisonous gases in
excess of accepted limits as established by the director of the division
of mine inspection. (L. 1959 S.B. 188 § 13)
1. The roadbed, rails, and all other elements of the track of
all haulage roads in mines shall be constructed, installed, and
maintained in a manner consistent with speed and type of haulage
operations being conducted to insure safe operation. Mine locomotives
must be maintained so that brakes are adequate and in good order, sand
riggings are operative and locomotives in safe operating condition. An
audible warning device and headlights shall be provided on each
locomotive and shuttle car and truck. A trip-light or reflecting signal
shall be used on the rear of trips pushed or pulled by a locomotive and
on the front of trips lowered into slopes. Other rolling stock must be
maintained so that its condition does not entail undue hazards to
transportation crews or to workmen whose duties require them to work
around the haulage.
2. Gasoline engines shall not be used underground unless equipped with
proper safeguards to prevent the emission of gases that cause a
contamination of the air beyond the limits set forth in section 293.120.
3. Other than the motorman and trip rider, no person shall ride on a
locomotive unless authorized by the mine foreman, and no person shall
ride on loaded cars or between cars of any trip, except that the trip
rider may ride on the last car.
4. Man trips shall not be run in excess of the speed determined by the
director nor shall more men ride in any one car than the number ordered
by the director.
5. Uniform haulage signals and a traffic control system shall be adopted
for each mine or mines operated, and shall be complied with by all
haulage crews. (L. 1959 S.B. 188 § 14)
Any new escapement shaft constructed or opened for operation
after the effective date of this chapter, shall be equipped with a
substantial hoist or stairway. Such stairway shall be constructed at an
angle not greater than forty-five degrees, and shall be provided with
handrails and platform or landing at each turn of stairway. (L. 1959 S.B.
188 § 15)
1. Surface overhead high-potential power lines shall be placed
at least fifteen feet above the ground and twenty feet above driveways
and haulageways. The power lines shall be installed on insulators, and
shall be supported and guarded to prevent contact with other circuits.
2. Surface overhead power circuits shall be protected against lightning
and voltage surges, and high-potential power lines shall be protected
adequately by circuit breakers, fuses, or both.
3. Electric wiring, electrical stationary machinery, and electric lights,
in mines and surface buildings, shall be installed and maintained so as
to present minimum fire and contact hazards.
4. Systematic, periodic examinations and reports of the conditions of all
wiring and electrical equipment and apparatus shall be required by the
division of mine inspection, to be made by the operator, in all mines.
(L. 1959 S.B. 188 § 16)
1. Metal conduit and metallic coverings and armor of cables
shall be grounded and shall be electrically continuous to afford a
conductor path for the ground circuit.
2. Metallic frames, casings, and other electrical equipment that can
become "alive" through failure of insulation by contact with energized
parts shall be grounded.
3. Casings of transformers shall be grounded unless protected by
isolation or freedom from contact hazard by position.
4. Mining equipment mounted on rubber tires or caterpillar treads
receiving power through a trailing cable shall be grounded effectively.
5. All trolley and positive feed wires crossing places where persons or
animals are required to travel shall be safely guarded or protected.
6. Dry wooden platforms, rubber mats, or other electrically nonconductive
material shall be kept in place at each switchboard and power control
switch, and at stationary machinery where shock hazards exist.
7. Readily accessible fuses or equivalent protective devices of the
correct type and capacity shall be installed on electric equipment to
protect against excessive overload. Wires or other conducting materials
shall not be used as a substitute for properly designed fuses, and where
circuit breakers are used, they shall be maintained in good operating
condition and adjusted so that equipment cannot be overloaded. (L. 1959
S.B. 188 § 17)
1. Each mine shall be provided with suitable firefighting
equipment, adequate for the size of the mine and the type of operations
conducted.
2. Underground storage places for highly combustible material,
lubricating oil and grease shall be of fireproof construction.
Lubricating oil and grease kept in face regions or other working places
shall be in portable, closed, metal containers.
3. Underground structures, transformer stations, battery-charging
stations, substations, and permanent pumprooms shall be of fireproof
construction. (L. 1959 S.B. 188 § 17)
1. All persons shall wear protective hats while underground and
also while on the surface where falling objects may cause injury, except
where conditions are such that the wearer would be subjected to physical
hardship.
2. Protective footwear shall be worn by employees, officials, and others
while on duty in and around a mine where falling objects may cause
injury, except where conditions are such that the wearer would be
subjected to physical hardship.
3. All employees in or around the mines shall wear approved type goggles
where there is a hazard from flying particles.
4. Welders and helpers shall use proper shields or goggles to protect
their eyes.
5. Men exposed for short periods to gas, dust, fumes, and mist inhalation
hazards shall wear permissible respiratory equipment. When the exposure
is for prolonged periods, other measures to protect workmen or to reduce
the hazard shall be taken. (L. 1959 S.B. 188 § 18)
Whenever loss of life or serious personal injury shall occur by
reason of any explosion or of any accident whatsoever, in or about any
mine, it shall be the duty of the person having charge of such mine to
report the facts thereof without delay to the director or an inspector of
the division of mine inspection, and if any person is killed thereby, to
notify the coroner of the county also, or in his absence or inability to
act, any associate circuit judge of said county; and the said director or
inspector shall, if he deem it necessary from the facts reported,
immediately go to the scene of said accident and make suggestions and
render such assistance as he may deem necessary for the safety of the
men; and the director or inspector shall investigate and ascertain the
cause of such explosion or accident and make a report thereof, which he
shall preserve with the other records of his office; and to enable him to
make such investigation, he shall have the power to take depositions,
compel the attendance of witnesses and administer oaths or affirmations
to them; and the cost of such investigation shall be paid by the county
commission of the county in which such accident shall have occurred, in
the same manner as costs of coroners' inquests are now paid. And a
failure on the part of the person having charge of any mine in which any
such accident may have occurred to give notice to the director or
inspector or coroner, as provided for in this section, shall subject such
person to a fine of not less than one hundred nor more than three hundred
dollars, to be recovered of him in the name of the state of Missouri,
before any associate circuit judge of such county wherein the mine is
situate and the accident occurred. (L. 1959 S.B. 188 § 19)
CROSS REFERENCES: Workers' compensation law, Chap. 287, RSMo Wrongful
death actions, generally, RSMo 537.080 to 537.100
1. It is unlawful for any owner, agent or operator of any coal
mine worked by shaft to employ or permit any person to work therein
unless there are to every seam of coal worked in each mine at least two
separate outlets, separated by natural strata of not less than three
hundred feet in breadth, by which shafts or outlets distinct means of
ingress and egress are always available to the persons employed in the
mine; but it is not necessary for the two outlets to belong to the same
mine if the persons employed therein have safe, ready and available means
of ingress and egress by not less than two openings; the communication or
roadway between the two openings, or the two openings furnished by a
connection between two distinct mines, shall at all times be kept clean
and of such width and height as to make the same safe and available for a
speedy exit in case of accident.
2. The escapement shaft shall be fitted with safe and available
appliances by which the persons employed in the mine may readily escape
in case an accident occurs deranging the hoisting machinery at the main
outlets, and such means or appliances for escape shall always be kept in
a safe condition, and in no case shall an air shaft with a ventilating
furnace at the bottom be construed to be an escapement shaft within the
meaning of this section. The cage or cages and other means of egress
shall at all times be available for the persons employed when there is no
second outlet.
3. To all other coal mines, whether slopes or drifts, two such openings
or outlets must be provided within twelve months after shipments of coal
have commenced from such mine, and in case such outlets are not provided
as herein stipulated, it shall not be lawful for the owner, agent or
operator of such slope or drift to permit more than five persons to work
therein at any one time.
4. Any owner, agent or operator of a coal mine in this state violating
the provisions of this section shall be deemed guilty of a misdemeanor,
and for each offense, on conviction, shall be fined not less than fifty
nor more than two hundred dollars, or by imprisonment in the county jail
not less than three nor more than twelve months, or by both such fine and
imprisonment. (L. 1959 S.B. 188 §§ 20, 21)
1. The owner, agent or operator of every coal mine, whether
operated by shaft, slope or drift, shall provide and maintain for every
such mine a good and sufficient amount of ventilation for such men as may
be employed therein, the amount of air in circulation to be in no case
less than one hundred cubic feet for each man per minute, measured at the
foot of the downcast, and the same to be increased at the discretion of
the director of the division according to the character and extent of the
workings, or to the amount of powder used in blasting and said volume of
air shall be forced and circulated to the face of every working place
throughout the mine, so that such mine shall be free from standing powder
smoke and gases of every kind.
2. All doors set on main entries for the purpose of conducting the
ventilation shall be so constructed and hung as to close of themselves
when opened, and shall be made sufficiently tight to effectually obstruct
the air currents. In all mines employing fifty or more men a trapper
shall be kept in attendance upon such doors to see that they are kept
securely closed and the air currents properly controlled.
3. Whenever the director shall find men working without sufficient air,
or under any unsafe conditions, he shall first give the operator a
reasonable notice to rectify the same, and upon his refusal to do so, may
himself order them out until said portions of said mine shall be put in
proper condition.
4. The ventilation required by this section may be produced by any
suitable appliances, but in case a furnace shall be used for ventilating
purposes, it shall be built in such a manner as to prevent the
communication of fire to any part of the works, by lining the upcast with
incombustible material for a sufficient distance up from said furnace.
5. The currents of air in coal mines shall be so split as to give a
separate current to at least every fifty men at work, and the director
shall have discretion to order a separate current for a smaller number of
men, if special conditions render it necessary. (L. 1959 S.B. 188 §§ 22,
23)
All coal mines generating explosive gas in which men are
employed shall be examined every morning by a practical and duly
authorized agent of the proprietor, to determine whether there are any
dangerous accumulations of gas, or lack of proper ventilation, or
obstructions to roadways, or any other dangerous conditions and no person
shall be allowed to enter the mine until the examiner shall have reported
all of the conditions safe for beginning work. Such examiner shall make a
daily record of the condition of the mine, in a book kept for that
purpose, which shall be open at all times to the examination of the
director of the division of mine inspection. (L. 1959 S.B. 188 § 24)
It shall be unlawful for any operator or agent of a coal mine to
employ persons underground whose duties may involve contact with
inflammable gases, or the handling of explosives, who have not had
experience in such duties, unless all such employees are placed under the
immediate charge and control of some competent and experienced miner, so
as to secure the safety of other persons employed in the same mine. (L.
1959 S.B. 188 § 25)
It shall be unlawful for coal miners in any mine to charge a
blasting hole with loose powder, or otherwise than with a properly
constructed cartridge; and in dry and dusty mines, it shall be unlawful
to load cartridges in the mines except with a powder can constructed for
the purpose. (L. 1959 S.B. 188 § 26)
Every owner, agent or operator of any coal mine in this state,
employing five or more persons, violating any of the provisions of
sections 293.210 to 293.240, shall be deemed guilty of a misdemeanor, and
on conviction shall be fined for each offense not less than fifty nor
more than two hundred dollars, or by imprisonment in the county jail not
less than three nor more than twelve months, or by both such fine and
imprisonment. (L. 1959 S.B. 188 § 27)
1. All owners, agents or operators of coal mines shall require
of all miners or other persons employed in and about a mine, using gun or
blasting powder or other explosives, to have and keep a strongbox in
which all surplus gun and blasting powder or other explosives in the mine
shall be kept, excepting so much as is necessary for immediate use. These
boxes shall be kept locked and not opened unless it be to put in or take
out powder. Nor must these strong (or powder) boxes be kept nearer than
one hundred feet to the place of blasting.
2. And in all dry and dusty coal mines discharging light carbonated
hydrogen gas, or in mines where the coal is blasted off the solid, shot
firers must be employed by the operator of said mine or mines, to fire
all shots after the employees and other persons have retired from the
mine.
3. And all shots prepared by the miner for the extraction of coal from
off the solid must be so placed, drilled and charged that the same, when
fired, shall perform safely the duty required of such shots; but if the
shot firers find or discover that a drill hole is gripping too much, or
that it is drilled too much into what the miners term "the tight", and as
may in the judgment of the shot firers prove a windy, blown-out or
otherwise dangerous shot, said shot firers shall there and then condemn
such shot as too dangerous to fire and pass the same without firing it.
4. It shall also be the duty of the shot firers to notify the mine
foreman as soon as practicable, when a shot is condemned, who shall in
turn attract the attention of the miner or miners responsible for the
preparation of said condemned shot, and said miner or miners shall
immediately after returning to work provide the necessary remedy to
render the said condemned shot harmless.
5. Any agent, owner or operator of any coal mine in this state violating
the provisions of this section shall be deemed guilty of a misdemeanor,
and for each offense, on conviction, shall be fined not less than one
hundred dollars nor more than two hundred and fifty dollars, or by
imprisonment in the county jail not less than six months nor more than
one year, or by both such fine and imprisonment, proceedings to be
instituted in any court having competent jurisdiction. (L. 1959 S.B. 188
§§ 28, 29)
No person, partnership or corporation, nor any agent of any such
person, partnership or corporation, engaged in mining for coal, shall
permit any blasting powder or any high explosive containing
nitroglycerine, to be stored in any such mine; provided, however, that
nothing in this section shall be construed to prevent the storing in any
such mine of sufficient blasting powder or other high explosive to meet
the estimated requirements of such mine during the succeeding twenty-four
hours; and provided further, that such temporary supply shall not be kept
at any place within such mine, where its accidental discharge would cut
off the escape of miners working therein. (L. 1959 S.B. 188 § 30)
All blasting powder, or other high explosive, in excess of the
temporary supply required in such mine as designated in section 293.270,
shall be stored in a magazine, placed not less than three hundred feet
distant from any shaft, habitation, public highway, public railway, or
from the boundary line of any mining property; provided, however, that in
cases where the location of any mining property makes it impossible to
comply with the provisions of this section, the director of the division
of mine inspection may grant permission, in writing, to the operator of
such mining property, or such operator's agent, to place such magazine in
some other place on such mining property, if, in the opinion of such
director, such location shall not be dangerous to the safety of those
employed within such mine; and provided further, that every magazine,
where powder or other high explosive is stored, as provided in this
section, shall be ventilated. (L. 1959 S.B. 188 § 31)
No detonators or explosive caps shall be kept in the same
magazine in a coal mine with any blasting powder or other high explosive.
(L. 1959 S.B. 188 § 32)
No person, partnership or corporation, nor any agent of any such
person, partnership or corporation engaged in mining as defined in
section 293.270, shall permit any blasting powder or other high explosive
to be prepared for firing or blasting in any magazine in which such
blasting powder or other high explosive shall be stored. (L. 1959 S.B.
188 § 33)
Any person, partnership or corporation, or the agent of any such
person, partnership or corporation, who shall violate any of the
provisions of sections 293.270 to 293.300, shall be guilty of a
misdemeanor and shall, upon conviction, be fined not more than five
hundred dollars and not less than one hundred dollars. (L. 1959 S.B. 188
§ 34)
The owner, agent or operator of any coal mine shall provide that
bore holes shall be kept twenty feet in advance of the face of each and
every working place, and, if necessary, on both sides, when driving
toward an abandoned mine and part of a mine suspected to contain
inflammable gases or to be inundated with water. (L. 1959 S.B. 188 § 35)
The owner, agent or operator of every coal mine operated by
shaft shall provide suitable means of signaling between the bottom and
the top thereof, and shall also provide safe means of hoisting and
lowering persons in a cage covered with boiler iron, so as to keep safe,
as far as possible, persons descending into and ascending out of said
shaft; and such cage shall be furnished with guides to conduct it on
slides through such shaft, with a sufficient brake on every drum to
prevent accident in case of the giving out or breaking of machinery; and
such cage shall be furnished with spring catches, intended and provided,
as far as possible, to prevent the consequences of cable breaking or the
loosening or disconnecting of the machinery; and no props or rails shall
be lowered in a cage while men are descending into or ascending out of
said mine. The provisions of this section in relation to covering cages
with boiler iron shall not apply to coal mines less than one hundred feet
in depth. (L. 1959 S.B. 188 § 36)
1. The owner, agent or operator of all coal mines employing
twenty-five or more men, shall cause a competent person to be stationed
at the top of the shaft, and a competent person to be stationed at the
bottom of the shaft, whose duties shall be to answer all signals for the
lowering or hoisting of men in the shaft, and to keep watch over, and
control of, such signals while men are being lowered or hoisted in the
shaft; the persons so appointed to look after said signals shall be at
their posts of duty at least thirty minutes before the hoisting of coal
has commenced in the morning, and shall remain after the hoisting of coal
has ceased in the evening at least thirty minutes. Whenever eight persons
shall present themselves at the bottom of the shaft and after having
finished their day's work, or otherwise having been prevented from
working, an empty cage shall be furnished the same on which to ascend.
2. Any owner, agent or operator of coal mines in this state, who shall
knowingly violate any provisions of this section, shall be deemed guilty
of a misdemeanor, and upon conviction shall be punished by a fine of not
less than one hundred dollars nor more than three hundred dollars for
each offense, or by imprisonment in the county jail for not less than
thirty days nor more than ninety days, or by both such fine and
imprisonment. (L. 1959 S.B. 188 § 37)
No owner, agent or operator of any coal mine operated by shaft
or slope shall place in charge of any engine whereby men are lowered into
or hoisted out of the mines any but an experienced, competent and sober
person not under eighteen years of age; nor shall such engineer be
permitted to operate the hoisting machinery unless he be located in such
close proximity to the engine and drum as will enable him to continuously
have supervision and control of both engine and drum and no person shall
be permitted to ride upon a loaded cage or wagon used for hoisting
purposes in any shaft or slope, and in no case shall more than twelve
persons ride on any cage or car at any one time nor shall any coal be
hoisted out of any mine while persons are descending into such mine, and
the number of persons to ascend out of or descend into any mine on one
cage shall be determined by the director; the maximum number so fixed
shall not be less than four nor more than twelve, nor shall be lowered or
hoisted more rapidly than five hundred feet to the minute. (L. 1959 S.B.
188 § 38)
1. Every owner or operator, or the agent of such owner or
operator of any coal mine in this state, who shall employ twenty-five or
more miners or mine laborers, where any mechanical device is or shall be
used for the lowering or hoisting of men into or out of such mine, shall
have some experienced practical person to inspect all ropes, cages,
safety catches, shive wheels and drum brakes at least twice in each week
while such mine shall be in operation. And every such owner or operator,
or the agent of such owner or operator of such mine, is hereby required
to furnish a book of suitable kind in which the results of each
inspection are hereby required to be entered and recorded by the person
making such inspection as soon and as often as the same shall be made,
always reciting in such book also the day and date of such inspection;
and such book shall be kept at such mine, and shall, on all working days,
be open for the information of all employees of such mine.
2. Every owner or operator, or the agent of such owner or operator of any
coal mine in this state of the kind mentioned in subsection 1, who shall
fail to comply with the provisions of said subsection, shall be deemed
guilty of a misdemeanor, and, upon conviction thereof, shall be punished
by a fine of not less than twenty-five dollars nor more than one hundred
dollars, or by imprisonment in the county jail not less than thirty days
nor more than ninety days, or by both such fine and imprisonment for each
and every separate offense. And every failure to have made such
inspection and to have entered and recorded the results of such
inspection as provided in subsection 1 on any day when the same should
have been done, shall constitute a separate offense. (L. 1959 S.B. 188 §§
39, 41)
The director of the division of mine inspection shall post up in
some conspicuous place at the top of each coal mine visited and inspected
by him, a plain statement of the conditions of such mine, showing what in
his judgment is necessary for the better protection of the lives and
health of the persons employed in such mine; such statement shall give
the date of inspection and be signed by the said director, and he shall
also record a copy of said notice in the book required to be kept at such
mine by section 293.360. He shall also post a notice at the landing used
by the men, stating what number of men may be permitted to ride on the
cage, car or cars, at one time, while being lowered into or hoisted out
of said mine, and what rate of speed men may be hoisted or lowered on the
cage, car or cars as provided for in this chapter. (L. 1959 S.B. 188 § 40)
1. The owner, agent or operator of any coal mine in this state,
employing five or more persons, if said mine is worked on the room and
pillar plan, shall cause the work in such mine to be prosecuted in the
following manner, and none other, to wit: Two entries must be driven
parallel for the ingress and egress of the air, and crosscuts must be
made at intervals not to exceed fifty feet apart, and no rooms, entries
or other openings shall be allowed to start inside of the last crosscut
until the next one be made; and further, that it shall be unlawful for
any owner, operator or agent for any person, persons, corporation or
company to permit the mouth or mouths of worked-out or abandoned rooms or
entries in any coal mine to remain open for a period exceeding one month
from the date of abandonment of any such room, rooms, entry or entries.
2. All such abandoned work as designated must be securely sealed in such
manner as will effectually prevent the escape of all gases or other
impurities calculated to vitiate the ventilative current of a mine;
provided, that the sealing of rooms and entries herein provided for shall
only be required in such mines and places therein as the director of the
division of mine inspection shall in his discretion deem necessary for
insuring the health and safety of workmen therein.
3. Any owner, agent or operator in charge of any coal mine worked on the
room and pillar plan failing to comply with the provisions of this
section shall be deemed guilty of a misdemeanor, and upon conviction
shall be punished by a fine of not less than one hundred dollars nor more
than one thousand dollars, or by imprisonment in the county jail not less
than six months nor more than one year, or by both such fine and
imprisonment and every day that the mine is operated contrary to the
provisions of this section, after the owner, agent or operator in charge
thereof shall have been convicted for a first offense under this section,
shall be and constitute a separate and distinct subsequent offense, and
shall be punished as such. (L. 1959 S.B. 188 §§ 42, 43)
1. The operator of every coal mine shall compile or have
compiled a set of minimum standards for systematic roof control suitable
to the roof conditions and mining system of his mine. After written
approval by the director, the minimum standards shall be placed in effect
and complied with by employees and officials, and additional supports
shall be installed wherever it is necessary to afford adequate protection.
2. At all coal mines, the operator shall provide an ample supply of
timber and cap pieces or wedge of proper size, roof-bolting materials, or
other proper devices with which to secure all places in a safe manner.
(L. 1959 S.B. 188 § 44)
1. The operator of a coal mine shall not permit excessive
accumulation of coal dust in any part of the mine. Where mining
operations raise an excessive amount of dust, water or water with a
wetting agent added to it or other effective methods shall be used to
allay such dust at its source.
2. All coal mines, except those mines or those locations in a mine in
which dust is too wet or too high in incombustible content to propagate
an explosion, shall be rock-dusted to within forty feet of all active
working faces and all open crosscuts within the forty-foot zone shall be
rock-dusted. If the dust in a mine or any part of it is wet but becomes
dry, the mine or any portion of the mine so affected shall be rock-dusted
as soon as it becomes dry.
3. Where rock dust is applied it shall be distributed upon the top, floor
and sides of all open places and maintained in such quantity that the
incombustible content of the mine dust will not be less than sixty-five
percent. (L. 1959 S.B. 188 § 45)
In coal mines welding and cutting with electricity or flame
shall be restricted to places where trolley locomotives are permitted to
operate. Where it is necessary to do welding and cutting in face regions,
perceptible ventilation is required, and such work shall be under the
direct supervision of a mine official, who shall test for explosive gas
before starting operations and frequently thereafter. In all welding and
cutting operations, precautions shall be taken against starting a fire,
and the area shall be rock-dusted. (L. 1959 S.B. 188 § 46)
1. In all coal mines, the miners shall be paid by weight, and
the operator of every coal mine shall provide and hereafter maintain
suitable and accurate scales, which scales shall be examined, tested, and
kept in thorough repair by a competent person employed by the operator,
at least once in every six months; a correct record shall be kept of all
coal so weighed, which record shall be open at all reasonable hours to
the inspection of miners employed at the mine. The operator shall keep at
the mine weighhouse such standard United States test weights as may be
prescribed by the director, for use in testing such scales; except that
this section shall not apply to any operator who does not employ more
than three men at any one time. The word "miners" as used in this section
shall not be construed to include those persons who mine coal
mechanically and who are paid a day rate for their services, in
accordance with the terms and provisions of any collective bargaining
agreement between the operator and such employees.
2. The operator of every such coal mine shall not, before weighing the
coal, pass the coal over any screen or other device which shall take any
part from the value thereof, or otherwise remove any of the coal; and
shall duly credit the just and merchantable weight thereof to the
employee sending the coal to the surface.
3. The person authorized to take such weight and keep such record shall,
before entering upon his duties, satisfy the mine inspector that he
understands the operations and adjustment of mine scales; and shall,
before entering upon his duties take and subscribe before a person
authorized to administer oaths, an affidavit that he has not, and will
not have while so employed any financial interest, direct or indirect, in
such mine and that he will accurately weigh and carefully keep a record
of all coal so weighed. The affidavit shall be filed in the office of the
clerk of the circuit court for the county, and a copy thereof kept
conspicuously at the place of weighing.
4. Miners employed in any coal mine have the power, if they desire, of
employing at their own expense, a check-weighmaster, who shall have the
right to be present and observe the weighing of coal by the weighmaster,
to examine and test the scales, to inspect the records made by the
weighmaster; and to be subject to the same qualifications, oath and
penalties as the weighmaster. (L. 1959 S.B. 188 § 47)
1. The division of mine inspection is the inspector of weights
and measures at all coal mines in this state, and all inspectors thereof
are authorized, empowered and directed to conduct frequent inspections of
all scales, measuring instruments, cars, and containers, and to determine
their condition, accuracy, correct branding, weight, use and operation,
to assure the proper use thereof and the competency of any person
authorized to use them.
2. If the owner, agent or operator of any coal mine in this state shall
refuse to allow such inspector to properly test the scales used at such
mine or mines, or shall fail or refuse to put such scales in proper
adjustment and condition, so that the same shall correctly weigh the coal
mined after being notified by said inspector so to do, such owner, agent
or operator shall be deemed guilty of a misdemeanor, and upon conviction
thereof, shall be fined not exceeding five hundred dollars, or be
confined in the county jail not exceeding six months, or both, in the
discretion of the court, and it shall be the duty of the prosecuting
attorneys in the respective counties to prosecute any person, firm or
corporation violating the provisions of this section the same as in other
misdemeanor cases.
3. Any owner, agent, operator, person, or persons having or using any
scales or scale for the purpose of weighing the product of the coal
miners' labor, who so arranges or constructs said scale or scales, or by
any contrivance therewith connected causes the fraudulent weighing of
such coal or said product, or who shall knowingly resort to, permit or
employ any person or means whatsoever, by reason of which said product of
the mine is not correctly weighed and reported in accordance with the
true weight and the provisions of section 293.420 and this section, shall
be deemed guilty of a misdemeanor, and shall, upon conviction for each
and every offense, be punished by a fine of not less than two hundred
dollars, nor more than five hundred dollars, or by imprisonment in the
county jail for a period not to exceed ninety days, or by both such fine
and imprisonment; proceedings to be instituted in any court of competent
jurisdiction. (L. 1959 S.B. 188 § 47)
The manner of weighing, as herein provided for, shall apply to
the class of workers in mines known as "loaders", engaged in mines
wherein the mining is done by machinery, whenever the workmen are under
contract to load coal by the bushel, ton, or any quantity the settlement
of which is had by weight. (L. 1959 S.B. 188 § 48)
1. On and after the passage and taking effect of this section
all owners, lessees and operators of any coal mine in this state, the
work of which is located below the surface of the ground, entrance to
which is had by any shaft, cut or tunnel, shall allow the laborers and
miners in the several mines to come to the surface of the ground for the
purpose of eating their noonday meal or any other meal for which, under
the rules of any mine a time is set apart; and that at least one hour
shall be allowed any miner or laborer for that purpose, and for rest
after he reaches the surface of the ground, and before reentering into
any mine where he may be engaged as laborer or miner. Also, that the
owner, lessee or operator of any coal mine in this state is hereby
required to run his cage or hoisting apparatus to the surface of the
ground for the purpose of carrying any such miner or laborer, who may be
going to or returning from any such aforementioned meal and rest, free of
cost to any such miner or laborer.
2. Any owner, lessee or operator of any coal mine in this state who shall
fail or refuse to carry out any of the provisions of this section shall
be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be
fined in a sum not less than one dollar nor more than twenty-five
dollars; and each failure or refusal shall constitute a separate offense.
(L. 1959 S.B. 188 §§ 49, 50)
Any person desiring to perform the work of a coal miner and for
himself to conduct room, entry or other underground mining in coal mines
of this state, shall, before being permitted to engage in such work,
produce evidence of a satisfactory nature that he has for one year worked
in coal mines with or as a practical miner; such applicant to furnish
evidence of his experience and qualifications to the director of the
division of mine inspection, or to the person designated by said director
to pass upon the competency of such applicant, and until said applicant
shall have fully satisfied the director or the party designated by the
said director at the mine, wherein such employment is sought of his
fitness to perform the duties as above mentioned, he shall not be
permitted to mine coal unless associated with a practical miner for such
length of time as will qualify said applicant to safely for himself and
others perform underground work; and any owner, agent or operator of any
coal mine in this state who shall knowingly violate any of the provisions
of this section shall be deemed guilty of a misdemeanor, and, upon
conviction, shall be punished by a fine of not less than fifty dollars
nor more than two hundred dollars for each and every offense, or by
imprisonment in the county jail for a period of not less than thirty days
nor more than sixty days, or both such fine and imprisonment, proceedings
to be instituted by any court having competent jurisdiction. (L. 1959
S.B. 188 § 51)
The director of the division of mine inspection and his
assistants shall have the power, and it is hereby made their duty, to
stop the operation of and close any coal mine or part thereof where
poisonous damps exist, where rotten ropes or unsafe cages are used, or
where a safe escape way is not provided, for all employees. Any person or
persons violating the provisions of this section, and any member or
stockholder or officer of any company or corporation who shall violate
the provisions of this section, shall be deemed guilty of a misdemeanor,
and on conviction thereof be punished by a fine of not less than
twenty-five dollars nor more than one hundred dollars, or imprisonment in
the county jail thirty days nor more than ninety days, or by both such
fine and imprisonment for each and every separate offense. (L. 1959 S.B.
188 § 52)
1. All persons or corporations engaged in or operating any coal
mines in this state shall pay their employees once in every fifteen days
in lawful money of the United States, and at no payday shall there be
withheld any of the earnings due any such employee; provided, persons or
corporations operating coal mines may withhold not to exceed five days of
the earnings of employees.
2. Any such operator or employer failing or refusing to pay his
employees, their agents or assigns or anyone duly authorized to collect
such wages as in this section provided, shall become immediately liable
to such employee, his agent, assigns or anyone authorized to collect such
wages for an amount double the sum due such employees at the time of such
failure or refusal to pay the amount due, to be recovered by civil action
in any court of competent jurisdiction within this state. (L. 1959 S.B.
188 § 53)
All employees of coal mines have, as security for work
performed, a lien upon all property of the person owning, constructing or
operating the mine, used in construction or operation, including real
estate, building, machinery, and all other personal property, to satisfy
in full the amount due for labor performed. The lien shall be enforced
and secured upon the same general terms and after the manner of procedure
in granting mechanics' liens. (L. 1959 S.B. 188 § 54)
The provisions of sections 293.200 through 293.490 are
applicable only to coal mines. (L. 1959 S.B. 188 § 55)
When any mine except a coal mine is so operated that, in the
opinion of the mine inspector, there is imminent danger to the lives,
health or safety of the miners or employees, the inspector shall at once
instruct the person in charge of the mine in which the dangerous
condition exists to remove it immediately. The inspector also shall order
the immediate evacuation of the mine or the dangerous portions thereof by
all persons other than those he deems actually necessary and competent to
remove or care for the dangerous conditions. On closing any mine or
dangerous part of a mine under this section the inspector shall at once
notify the director, and on receipt of such notification, the director
shall sustain or reverse the closure action and, if he deems it
necessary, order the inspector to place a competent person at the mine,
who shall remain there until the dangerous condition is removed. The
person so placed has the power to prevent anyone from entering the mine
or the dangerous portion of the mine other than those permitted by the
inspector. The expense of such competent person shall be paid by the
operator; except that the operator always has the privilege to apply to
the circuit court for a writ of injunction to enjoin the director from
continuing to prevent operation of the mine. (L. 1959 S.B. 188 § 56)
No person is permitted to engage in underground mining
operations, except coal mining, for himself or for another unless he is
to be employed by an operator as a trainee or to work under the
supervision of an experienced miner for such length of time as will
qualify said person to safely, for himself and others, perform
underground work, or unless he offers satisfactory evidence that he has
for one year worked in mines with or as a practical miner. (L. 1959 S.B.
188 § 57)
1. No person is permitted to open up new mines or mining
property, unless he has reported his intention to the director, together
with such other pertinent information as the director may require.
2. The operator shall notify the director of the permanent abandonment of
any of his mines, or of the resumption of work after abandonment or a
change in the name of the mine or its owner, within ten days after such
abandonment, resumption, or change of name or owner.
3. Upon abandonment of any underground mine, the operator of that mine
shall seal or fence the surface openings of the mine in such a manner as
to afford permanent protection to all persons and animals. (L. 1959 S.B.
188 § 57)
After a reasonable time has been allowed for drifting and
development operations, the director may require that a noncoal mine
operating through either a shaft, slope, or drift, have not less than two
adequate and accessible outlets as a condition precedent to employment of
any person in the mine. In mines opened after the effective date of this
chapter, all vertical shafts shall be located not less than one hundred
fifty feet apart. (L. 1959 S.B. 188 § 58)
1. The operator of every underground mine except coal mines
shall provide and maintain an air current sufficient to remove smoke and
noxious gases and to insure the health and safety of every employee.
2. The ventilation required by this section shall be controlled by
natural or mechanical appliances; or both if the director deems it to be
necessary. (L. 1959 S.B. 188 § 59)
The director or state mine inspectors are hereby authorized,
empowered and directed to thoroughly inspect all underground excavations
in all mines other than coal, as often as the director of the division of
mine inspection may deem proper, from and after the passage and approval
of this chapter, and ascertain the condition of such underground
excavations with respect to the health of employees engaged in working in
such underground excavations; and if after such examination, the
inspector shall find that the health of the employees is impaired by
reason of there not being sufficient circulation of air or ventilation
for such employees, it shall be the duty of such inspector to immediately
notify the owner, agent or operator of such mine, in writing, specifying
the underground excavations so found to be unhealthful, and direct such
owner, agent or operator of such mine to, within fifteen days after
receiving such written notice, commence to drill a sufficient number of
air holes for such underground excavation, or to sink a shaft to connect
with such underground excavation, or to make drift connection with a
contiguous mine, at some point or points to be agreed to by such
inspector, as may in the discretion of the inspector furnish sufficient
ventilation for such mine, and to prosecute the work of correcting such
defect in ventilation, as directed by the inspector, with all due
diligence until completed. And the inspectors shall have the power, if
they deem it for the interest of the employees engaged in working in such
underground excavations, so affected by such notice to require all work
and operations in such mine or mines to cease until such defect in
ventilation shall have been corrected, or until further notified by such
inspector. (L. 1959 S.B. 188 § 60)
The director of the division of mine inspection and the
inspectors are hereby authorized, empowered and directed to thoroughly
inspect all underground excavations in all mines other than coal mines,
as often as the director of the division of mine inspection may deem
proper, for the purpose of ascertaining or discovering in the air in any
such mine or mines the presence of dust in such quantities as shall be
injurious to the health of employees engaged in working in such
underground excavation; and upon finding dust in the air of any such mine
in such quantities as shall tend to injure the health of the employees of
such mine, such director or inspector shall immediately notify the owner,
managing agent or operator of such mine, in writing, specifying the
underground excavation so found to contain dust particles as aforesaid in
the air thereof, and such owner, agent or operator of such mine shall
within fifteen days after receiving such written notice, provide,
install, equip, and thereafter at all times, maintain in such mine an
independent waterline, fully equipped and in good serviceable working
order and repair, leading up to the face of any and all drifts where such
dust is produced, or so close to the face of said drifts so that by the
use of suitable hose extension or sprinkling attachments to be supplied
by the owner or owners of said mine, the mineral or earth in and
adjoining the face of the drift or drifts of such mine can be sprinkled
or wet by water from said pipeline, thereupon and thereafter every person
drilling, squibbing or blasting in said mine shall keep the face, surface
and drill holes in said drift or drifts wet or moist by the use of water
from said waterline to such an extent and in such a way as shall prevent,
as far as possible, any dust raising from the working of any such face or
from the drilling, "blowing" or "shooting" of any hole or holes; and the
ground boss in charge of the underground in any such mine, so equipped
with a waterline, shall require all ground or dirt after being shot or
blasted to be thoroughly wet or sprinkled to such an extent as shall
prevent, as far as possible, any dust from arising therefrom while the
employees are at work therein. (L. 1959 S.B. 188 § 61)
1. When used in or about mines other than coal mines, explosives
and detonators shall be stored in separate surface magazines reasonably
bulletproof and adequately constructed of incombustible material, with no
metal exposed inside the magazine and equipped with doors constructed of
three-eighths inch steel plate lined with a two-inch thickness of wood,
or the equivalent. Such magazines shall be provided with no opening
except for entrance and ventilation, shall be kept locked securely when
unattended, and shall be provided with suitable warning signs. The
location of permanently constructed surface magazines shall be not less
than two hundred feet from any mine opening, unless effectively
barricaded.
2. Underground section boxes or magazines shall be of substantial
construction and placed in a crosscut or idle room neck at least
twenty-five feet from roadways or trolley wires and at least two hundred
feet from an active working place, and in a reasonably dry place.
Explosives and detonators shall be stored underground in separate section
boxes or magazines.
3. The transportation, storage or use of black blasting powder in
underground mines is prohibited.
4. The operator of a noncoal mine shall determine the maximum supply of
explosives that may be stored in his mine, not to exceed an amount to
meet the estimated requirements of the succeeding fourteen days; except
that a lesser or greater amount may be stored in the mine on approval of
the director, or on order of the director.
5. No explosives shall be stored in any place in any mine where its
accidental discharge would cut off or obstruct the escape of miners
working therein.
6. The method of storing, keeping, moving, charging and firing, or of
using explosives or detonators in a mine, except as otherwise provided in
this section, shall be in accordance with rules prescribed by the
director. (L. 1959 S.B. 188 § 62)
1. A qualified hoisting engineer shall be on duty continuously
when men are underground at noncoal mines where men are transported by
hoists. Hoists used for handling men shall be equipped with overspeed,
overtravel and automatic stop controls and shall be equipped with brakes
capable of stopping and holding the fully loaded unbalanced cage or trip
at any point in the shaft or slope. An accurate and reliable indicator,
showing the position of the cage or trip, shall be so placed as to be in
clear view of the engineer, unless the position of the cage or trip is
clearly visible to the engineer at all times.
2. Hoisting ropes on all cages or trips shall be adequate in size to
handle the load and have a proper factor of safety as defined in the
America Standard Association's Wire Rope Standards and shall be replaced
when it shows more than six broken wires in any single pitch length or
lay of rope. On conventional drum type hoists only, as distinguished from
friction type hoists, the rope shall have at least three full turns on
the drum when it is extended to its maximum working length and shall make
at least one full turn on the drum shaft or around the spoke of the drum,
in case of a free drum, and be fastened securely by means of clamps. A
hoisting rope shall be fastened to its load by a zinc-filled socket or by
a thimble and clamps. No spliced hoisting rope or cable shall be used.
3. Hoisting equipment shall be inspected daily by a trained inspector and
a record made of such inspection. The record book shall be made open for
the information of all employees at the mine.
4. Cages or similar devices used for hoisting men shall be of substantial
construction with adequate steel bonnets, with enclosed sides, with gates
across the ends of the cage when men are being hoisted or lowered, and
with sufficient handholds or chains for all men on the cage to maintain
their balance. Cage floors shall be constructed so that they will be
adequate to support the load, and where only one cable is used such cage
shall be furnished with spring catches or such other or different safety
device approved by the director, intended and provided, as far as
possible, to prevent the consequences of cable breaking or the loosening
or disconnecting of the machinery.
5. The director or a mine inspector shall determine the number of men
that may be lowered or hoisted at any one time and a notice of the number
shall be posted by him in a conspicuous place at the top and bottom of
the shaft and at all other landings. In no case shall the total weight of
the cage and men, estimated at one hundred sixty pounds per man, exceed
one-fifth of the minimum breaking strength of the brakes, ropes, links,
and other connections bearing the cage.
6. No person other than an attendant shall be lowered or hoisted in or on
any cage or trip or other hoisting apparatus carrying explosives, steel,
equipment or material. All small hand tools, lunch containers and small
parts shall be adequately secured to the approval of the director.
7. The director of the division of mine inspection shall determine the
safe speed of the cage in a shaft or slope where men are being lowered
into or hoisted out of a mine when a speed in excess of five hundred feet
per minute is requested by the operator. The mine inspector shall make a
thorough inspection of the equipment to be used and cause two test runs
at full load to be made before any person is permitted to ride on the
cage at the increased speed. When major repairs are made or new or used
equipment is installed, the same test shall be made by the operator and a
record of such test shall be recorded in a book kept for that purpose and
such record book shall be made open for the information of all employees
at the mine. In no event shall the speed of the cage where men are
lowered or hoisted be in excess of one thousand five hundred feet per
minute. The mine inspector shall post a notice at the top and bottom
landings of the shaft and at all other landings of the safe speed of the
cage on which men are permitted to ride.
8. An adequate signaling code shall be adopted, subject to the approval
of a mine inspector, in every mine hoisting or lowering men underground.
9. The owner, agent or operator of all mines employing twenty-five or
more men, at the beginning and end of a shift, shall cause a competent
person to be stationed at the top of the shaft, and a competent person to
be stationed at the bottom of the shaft, whose duties shall be to answer
all signals for the lowering or hoisting of men in the shaft, and to keep
watch over, and control of, such signals while men are being lowered or
hoisted in the shaft.
10. The provisions of this section shall not apply to mines employing
fewer than sixteen men underground. (L. 1959 S.B. 188 § 63, A.L. 1967 p.
407)
When necessary in shaft sinking operations, the director of the
division of mine inspection shall order crossheads attached to the rope
for the purpose of guiding the descent or ascent of the bucket or cage in
the shaft, provided that such crossheads shall not be required until a
depth of five hundred feet has been reached. All sinking crossheads shall
be provided with a safety appliance of a design approved by the director
for attaching the bucket or cage to the crosshead. (L. 1959 S.B. 188 § 64)
The provisions of sections 293.510 through 293.600 shall apply
to all mines except coal mines. (L. 1959 S.B. 188 § 65)
1. The division of mine inspection, in addition to other duties
provided by law, is authorized and directed to inspect at least once a
year all caves in the state held open to the public, to make rules and
regulations providing for the necessary precautions to secure the health
and safety of the visiting public and employees in any such cave in this
state, to require every cave owner, operator or agent of any cave held
open to the visiting public to provide necessary safety guard rails,
bridges, ladders, entrances, platforms, walkways, safety barriers, rails,
paths and other safety measures, in and about any such cave before it may
be opened to the public, and to file a complete and true plan map of such
cave with the division of mine inspection and a copy at the office of the
entrance of the cave.
2. Every cave owner, operator or agent of any cave held open to the
public shall, before opening the cave to the visiting public, send
written notification to the division and pay an annual inspection fee of
thirty-five dollars payable to the state treasurer and to be collected by
the department of revenue and deposited in the state treasury to the
credit of the state mine inspection fund. When the owner, operator or
agent of any cave in this state, held open to the visiting public, shall
have complied with all the necessary requirements of the division of mine
inspection and shall have paid the inspection fee herein mentioned, he
shall be provided with a certificate of inspection furnished by the
division of mine inspection showing that the cave has been duly inspected
and approved and such certificate shall be conspicuously displayed at or
near the main entrance to the cave. (L. 1959 S.B. 188 § 66)
CROSS REFERENCE: Cave and cave life protection law, RSMo 578.200 to
578.225
The director shall make and publish necessary rules and
regulations which shall become effective only on approval by the labor
and industrial relations commission as provided in section 286.060, RSMo.
(L. 1959 S.B. 188 § 3)
1. The director shall appoint two coal mine inspectors and four
noncoal mine inspectors, each of whom shall have had at least five years'
experience and one year of practical mine safety training in the type of
mining for which he is appointed, but in no case shall an inspector be
interested in or receive any economic favors from any interested party in
any mine. Each inspector shall receive an annual salary of eight thousand
four hundred dollars. The director shall classify, supervise, and direct
the work of the inspectors who, at all times, shall be amenable to him.
2. The director may appoint a secretary, one clerk, and such clerical
employees as may be necessary to the efficient operation of the
inspection section. The director shall determine the annual salaries of
the secretary and clerical employees within the limits of the
appropriations for the inspection section.
3. All appointees in each classification shall be selected as nearly as
practicable in equal numbers from each of the two political parties
casting the highest and next highest number of votes for governor at the
last preceding state election. (L. 1959 S.B. 188 § 4, A.L. 1967 p. 383,
A.L. 1971 S.B. 65)
The director and mine inspectors shall be allowed actual and
necessary expenses including office and clerical expenses for the
division which together with all salaries shall be paid out of the
general revenue and the mine inspection fund. (L. 1959 S.B. 188 § 4, A.L.
1967 p. 383)
1. Each mine in this state shall be examined by a mine inspector
at least twice in every calendar year, and more frequently if it is
deemed necessary or desirable in order to enforce the provisions and
fulfill the intent of this chapter.
2. Mine inspectors shall make examinations of all mines to determine that
applicable requirements of this chapter are strictly observed and
enforced. Mine inspectors may enter and inspect mines at all reasonable
times, day or night, but so as not to obstruct or hinder the necessary
operations of any mine. The operator of the mine is required to furnish
all necessary facilities for its entry and inspection; and if the
operator refuses to permit or furnish these necessary facilities, the
mine inspector shall file his affidavit setting forth such refusal before
the judge of the circuit court in the county in which the mine is
located, and obtain an order on the operator commanding the operator to
permit and furnish facilities for inspection of the mine, or to be
adjudged to stand in contempt of court and punished accordingly.
3. Mine inspectors shall examine into the state of mines as to
escapements, transportation, ventilation, circulation, and conditions of
air, electricity, explosives, roof control, drainage, mine operations and
practices, and general security; and perform such other duties as are
required by the director.
4. The director shall require mine inspectors to submit to him a report
of all examinations of mines, the form and content of which shall be
prescribed by the director. (L. 1959 S.B. 188 § 8)
1. Whenever the inspectors of mines receive a complaint in
writing, signed by one or more persons, employed in a mine, or the
certified collective bargaining agent of the employees, setting forth
that the mine in which he is employed is being operated contrary to law,
and is dangerous in any respect to the health or lives of those employed
therein, the inspector must examine such mine as soon as possible. The
names of the persons making such complaint shall not, under any
circumstances, be divulged to any person by said inspector except such
action be necessary in the administration of justice in the courts of the
state; provided, however, that such complaint shall in all cases set
forth the alleged violation of law observed, the nature of the danger
existing at the mine, and shall distinctly set forth whether or not any
notice of such defect or danger has been given by the complainants, or
anyone else, to their knowledge to the superintendent or other person in
charge of the mine.
2. If, after such inspection, the inspector finds the conditions, in his
opinion, dangerous to the health and lives of those employed in such
mine, he shall serve a notice in writing, setting forth fully the facts
upon which his opinion is based, upon the operator or any person having
charge of such mine, and shall thereafter take such steps to remedy such
danger and to compel compliance with the provisions of this chapter, as
the inspector could take in any case arising under section 293.660.
3. It shall be the duty of the inspector to forward every such original
complaint, so received, to the division of mine inspection, where it
shall be indexed and filed among the official papers of the said
division. (L. 1959 S.B. 188 § 11)
1. Any person may appeal to the circuit court of the county in
which the mine is situated or to the circuit court of Cole County, at the
option of appellant, from any order, rule, regulation or determination of
the director of the division of mine inspection or of a mine inspector by
filing with the clerk of such court a petition setting forth a copy of
the order, rule, regulation or determination, if it was made in writing,
or by setting forth the terms and conditions of the order, rule,
regulation or determination if it was not in writing and stating the
reasons or grounds of complaint against the order, rule, regulation or
determination. Such petition shall be filed within thirty days after
notice of the order, rule, regulation or determination has been given.
The filing of the petition or appeal stays the enforcement or
effectiveness of the order, rule, regulation or determination appealed.
Notice of the appeal shall be given by mailing a copy of the petition to
the director of the division of mine inspection or mine inspector by the
clerk of said court, who shall file proof of such mailing.
2. The matter shall be tried de novo by the court, without a jury, not
sooner than thirty days after the mailing of the petition, and the court
shall either sustain the director of the division of mine inspection or
mine inspector or shall direct him to take such action as the court may
deem proper. An appeal from the circuit court in such case shall be
allowed as in civil action. (L. 1959 S.B. 188 § 67)
Any person violating any provision of this chapter for which a
punishment is not otherwise provided shall be adjudged guilty of a
misdemeanor, and each violation shall be a separate offense. (L. 1959
S.B. 188 § 68)
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