https://haylibrary.cvlcollections.org/files/original/e1b8588f54c1580077eb01b0845474c8.pdf cdfb06ed0495893d4bbe92a62d04a5b4 PDF Text Text 00..c\.L ~fINING LAW S ====== OF ====== WYOl\1ING �c:=J COAL ~1INING l LAWS =====OF===== WYOMIN G �Law Relating to Coal Mines CHAPTER 23, SESSION LAWS 1903 Inspectors of Coal Mines Appointment-Qualifications-Salary. Where sections are given, they refer to sections of the Revised Statutes and the laws as quoted here are those sections as they have been amended by the several session laws of 1901 1 1903 and 1905. I ,_______.. SECTION 1. The Governor shall nominate and by and with the consent of the Senate, appoint two State Inspectors of coal mines, who shall hold their office for six years and until their successors are duly appointed and qualified. They shall each have a thorough knowledge of practical mining and mining engineering, neither of whom shall be an employe, owner or part owner in any coal mine in the State. Said Inspectors shall not be less than thirty (30) years of age, citizens of the United States, and, if practicable, of this State, of good repute and temperate habits. The State Inspectors of coal mines shall each receive an annual salary of two thousand ($2,000.00) dollars, and actual traveling expenses when in the discharge of their duties and shall keep their office at the State Capitol. Said Inspectors are hereby authorized to procure such instruments, chemical tests and stationery and to incur such expense of communication, from time to time, as may be necessary to the discharge of their duties, provided, that such expense shall not exceed the contingent fund I I ~ �-- --- ----- - +::) I\ 'I M1N1N q 4 L ,,ws 5 hall each, befo re enterin g upon the discharge of his duties, give bond in the penal sum of five th ousand ($ 5,000.00) dollars to the State of Wyoming, wi th sufficient s ureties, which bond shall be condition ed for th e faithful discharge of his duties. Each of sa id Inspectors shall· devote the whole of hi s tim e to the duties of his office. It shall be the duty of each -Inspector to ex amine the coal min es within his district as oft en as poss ib le, which shall not be less than once in three month s and report the number of ti mes h e has visited each mine in a year, and see th at all th e provisio ns of this act are observ ed an d strictly carried out. Inspection Districts. EC. 4. It shall be the du ty of each Inspector to mak records of all exa minations of mines wi thin hi distri ct, showing the condition in w hich he finds them, es pecially in reference to v □ tilation and drainage, th e number of mines in h is distri c t, th number of persons employed in each min e, th e extent to which the laws are obey d, the progress made in the improvements sought to be secured, the number of accidents a □ d d eaths resulting from injuries received in and about th e mines, with cause of such accident or d eath; said re p orts to be made quarterly. ~--- .... lBonds-Duties. :- 'NYOM I NG provided for that office, at th e co st o[ the State, subject to the approval of _the Governor of the State, which shall be paid out '?f the State Treasury upon accounts d:1ly _certified ~y him and audited by the tat Auditor. All mstmments, plans, boo ks, memorand a, notes aud other property p ertaining to th e office b reby created , shall be the property of the S tate_ and shall be delivered by each Inspecto r to his successor in office· and said In spectors shall b e allowed all expedses neces~arily in cur~ed in enfo rci ng the provisions of thi s chapte r, lil th e courts of the State when such expenses are certifi ed to be correct by the courts be fore which the p roceedings were heard. SEC. 2. The State s hall be divided into two Inspection Districts, one to ~ known as D _istrict No. 1 , comprising th e counti es of Laram ie, Albany, Carbon, Sweetwater and io ta, t_h~ other to be known as District o. 2, compnsm g t~e counties of Converse, Natrona, Fremont, Big Horn, Johnson , Sheridan, Crook and Weston. In the appointment of Insp ec tors t~e Governor shall designate the district f~Jr _wl~ ic~ each Inspector is appointed , and the Junsd1ct10n of such Inspector shall extend to_and be confi_n ed to ~he particular district for which h e bas been appomted; provided, that in case of the Inspector of either district being unable to atte nd to the duties of his office through sickness, ab!:.ence from the State or an y other cause, th e In~pector of the other district shall have full authority and jurisdiction to act in th e place and st~ad . of the regularly appointed Inspector of such district. - STATE OF SEc. 3. The State Inspectors of coal n1ines Examinations- Reports. Removed From Office-How. S EC. 5. The District Court within the proper coun ty or Judge thereof, in vacation or recess, upon a petition signed by not less than fifteen ( 15) reputable citizens who shall be miners, owners or lessees of mines and with the affidavit of one or more of said petitioners attached setting forth that the State Inspector of coal mines for that district neglects his duty or is incompe- �'====?')) ,,I I t 6 M I NI NG LAWS STATE 01' tent or that h e is g uilt y of malfeas::i. nc.:e in office shall is s ue a citation in the nam e of th e S tate t~ the said Inspector to a pp ear u pon a d ay, to be the rein fixed and s tated, befo re said Court which notice shall_be served at least fi fteen ( 1 S) days before th e tim e fixe d to appear, a t which time the Court or Ju dge t he reof in vacation or recess, shall proceed to inquire into and investigate the allegatio~ s of th e peti_tioners • a nd if the Court find tha t sai d I nspector 1s n eg! ctful of his duties or is in co mp etent to p rform th d uties of h'is office, or if he is gu ilty of ma_lfea ance therein, the Court or Ju dge sha ll certify the sa me to the Govern or, w ho sha ll th e reupon declare the office of said In specto r vaca nt an d p roceed to s upply said vacan cy by appoint me nt. And . all vacancies in said o ffice s hall b fill d by appo mtment by the G overno r. T he cost o_f said investigation shall , if the charges are t~stam d , be taxed against the sai d In s pecto r, bu t 1f the ch~rges be not su s tain ed , they shall be taxed agam st th e county in which th e in vest iga tion is in stituted. Ventilation of l\\ines. S EC. 6. T h e ow ner, lessee or age nt of any coal mine, wh eth er s h aft, slop e or ~rift, shall provide and maintain for every s uch m m e, ample means of ventilation, affo rd in g n ot less th~n one hundred and fift y cubic fee t of pure air p~r minute for each and every pe rson employed 111 said min e, and a s much more as t h e ci rcumstances may require, whi ch shall be ci r<:ulated aroun~ the main headings and cross h eadmgs and working places to an extent that will dilute, carry off and render harmless the noxious or dangeroi~s gases generated therein· the main current of air shall be so split or subdivided as to give a sepa•c..- - - rate current of reasonably pure air to every ) W YO MING _ 7 hundred men at work, and the Inspector shall have a uthority to order separate · currents for s maller groups of me n, if, in his judgment, s pecial condi tion s make it necessary; and the ai r curre nt for ventilatin g the stable shall not pass into the intake air current for ventilating the work ing parts of the mine. In mines gene rating fi re-d amp a wo rked out or abandoned part s thereof s hall be kep t free of standing gas, or pro perly wa ll ed off and the entra nce thereto properly closed, and cau tionary notice posted on the stopping to warn persons from danger, and eve ry working place and all other places where gas is k now n or supp osed to exist, shall be carefully examined by the fire-boss, within two hours immediately befo re each shift, with a safety lamp, a nd in mak ing said examination it shall be the duty of the fire-bos s, at each examination, to leave at th e face of every place examined, evidence of h is presence; and it shall not be lawful fo r any mi ner to enter any mine or part of a mine creneratin g fire-damp until it has been exami n ed by the fire-boss aforesaid and by him reported to be safe. N o working place shall be dri ven more than fif ty feet in advance of a breakthrou gh or airway. Report of Inspection Posted at Mine. SEC. 7. It shall be the duty of each State I nsp ector of coal mines on each visit to. any m ines within his district, to make out a written or partly written and partly printed_report of the condition in which he finds such mmes and post the same in the office at the mine; also on the dump of such mine; the said rep~rt sha_ll give the date of visit, the number of v1s1ts durmg the year, the total number of mine_s in the State, the number of feet of air in circulation at the face of �r b 8 MININ G LAWS I each and every entry, and such other information as he_ shall dee~1 necessary, and th e report shall remam posted m the office and also on the d • f ump o f sue l1 mme or one year and said report • d b . may b. e examm_e y an}'. min er or pe rson employed m and about such mm e. Owner or Oper:ator Must R.eport to Inspector -When. ~EC. . On or before the 30th day of Octobe r m each year, th e owne r, operato r or superintendent of any mine or coalery shall send to the State Inspector of coal mines for the district in whic~1 ~aid ':line is situated , a correct report, spec1fymg with respect to th e year ending the 30th day of September, the name of th e owner, operator and officers of th e min e, and the quantity of coal mined and th e number of men employed. The re port shall be in such form and give such information as may be from time to time required and prescribed by the Inspector; blank forms for such re port shall be furnished by the State. Inspectors' Clerk-Appointment-Salary. SEC. 9. The State Coal Mine Inspectors shall have authority to appoint a clerk, who shall be a qualified elector of the State and who _shall receive a salary of ($600) six hundred dollars per annum, who shall be required to constantly be in attendance during regular office hours in the office of the State Coal Mine Inspectors, in the Capitol Building at Cheyenne. It shall be the duty of said chief clerk to keep the records of said office and to perform such clerical work ; as may from time to time be required of him by ~---- the said Inspectors. STAT K OF vVYOMIN G 9 Inspectors of Coal Mines-Duties. Si;;c. ro. \i\Therever in the Statutes or laws of 'Wyoming, not spec ifically referred to in this act, any duty or obli gation is imposed upon the State Inspector of coal min es, said duty shall become and is h e reby mad e a part of the duties of tlie I n pectors of coal mi nes, provided for in this act; and th e Inspecto rs appo inted under the provis ions of this act shall bave th e same jurisdiction , p ower and autho rity to act in the premises and to enforce the laws of this State within the bound s of their r esp ective districts as the State Inspector of coal min es has heretofore possessed thro ug hout the State. CHAPTER 98, SESSION LAWS 1901 Deputy Coal Mine Inspectors Appointment of. EC . 1. Th e tate Coal Mi ne Inspector shall have authority to appoint, from time to time, pecial de puties fo r the p urpose of reporting and investigating mi ne accidents, making examination s and re porting the same, and performing such oth er duties as they may be directed to perform by th e Coal Min e Inspector, in cases where it is impossible for the Coal Mine Inspector to be present in person. Compensation of. Si;;c. 2 . The de puties appointed under the provisions of Section I of this act shall _each r:ceive four dollars per day together with their necessary expenses while on duty; such per diem and expenses to be paid from the appropriation made for the contingent expenses of the State �MININ G LAWS STATE 01, \ '\l v o ~11 NG Coal ~1Iine Inspector, upon vouchers dul , sw _ to as_ m cases of othe r claims against tl} S orn provided, that all claims shall be a le tate; pproved by . ti1e S tate C oal Mm e Inspector befo re b emg • paid. .• TITLE 18, DIVISION t REVISED STATUTES CHAPTER 2 Coal Mines Map of Mines to be Prepared. SEC. 2562. The owner, operator or superintende nt of every coal min e shall make or cause to be _m ade, an accu rate map or plan of s uch coal mme, ?n a seal~ not exceed in g two hundred feet to the 11;1cb ; which map or plan shall exhibit all the openmgs or excavations, the s hafts, tunnels, . slopes, plan e , gangways, e ntri es, cross~eadmgs, rooms, etc., and s hall s how th e direction of the . air c urrents therein , and shall ac~ura~ely delm eate the bound ary lin e between sa1? mme and adjoining min es, and show its relation and proximity the reto . The said map or pl'.1n or a true ~opy thereof, shall be k ept at such mme by the said owner, op erator or superintenden_t, for the use of th e State Inspector of coal ~1m~s, aJ?-d fo_r the insp ection of any miner workmg m said mme, whenever said miner shall have ~ause to tear that the place where he is working !s becommg dangerous by reason of its proximity to o~her workings, which may be supposed to contam water or dangerous gases. The said owner, operator or superintendent shall as often as once m every six months accurately placP. or ,ca_use to be placed on a map or .plan of said coal ~:- ------- mme, a plan of the excavations made of all the I I I working places or other parts of such coal mine during the preceding six months, and whenever the workings or excavations of said coal mine or any part of the same have been driven to within ten fee t of the boundary line, or when said coal mine or a ny part of the same is abandoned, the owner, operator or superintendent thereof, shall furni sh the State Inspector of coal mines, within three months thereaft er, the proximity to the boundary line as aforesaid, or after abandonment of the said mine or any part of the same, with a correct copy on tracing muslin or blue print of the map or plan of said mine, which shall accurately show all excavc1 tions and workings of s uch mines to date, exhibiting clearly the pa rt or parts. abandon ed, and th e part or parts in proximi ty to th e boundary line aforesaid. The several coal maps or plans of mines in the State which are furni sh ed to the State Inspector of coal mines, as last aforesaid, shall be the property of the State, and shall remain in the care of the said State Inspector of coal mines, to be transferred by him to his successor in office, and in no case shall any copy of the same be made without the consent of the owner, operator or his agent. If the said State Inspector of coal mines shall find or have good reason to believe • that any map or plan of any coal mine made or furnish ed in pursuance of the provisions of this chapter is materially inaccurate or imperfect, he is here by authorized to cause a correct plan or map of said coal mine to be made at the expense of the owner or operator thereof, the cost of which shall be recovered from the said owner or operator, in the name of the State, as other debts are recoverable by law; provided, however, that if the map or plan which is claimed to be inaccurate shall prove to have been correct, then the �~ ~ MININ G LA WS ~nsp ecto r _shall be held liabl for th e ex in c urred m making such test , penses same shall b e paid by the said I:;prevC yt'Or.and the Mines to Have Two Openings. SEC. 2563. It shall not b lawfu I for th owner, op e~ator, contractor, less c or agent o~ any. coal mine, or. for . anv J fi rm , comp any , co rpora t 10n or association, th ei r clerks serva t agents _or . employes to _employ any personn :; work w1th~n any coal mrne, or permit any person t? b e m a~y coal mine for th e purpose of w_ork:ng t~ e re rn , uni s uch mine is in com mu n1cat1on with at leas t two op nin gs , if the min e be worked by shaft or slop , , hi ch two shafts or sloyes shall bE: se parated by natu ral strat a at all pomts _b y a. d1stanc of not less than fi ft y fee t, excep~ m dnft m in es h ere tofore op ned, where the ~me In spector shall deem it impracticable; prov:ded, h owever, an agg rega te number not exce~dmg twenty person s may be e mployed iii th e mme at any on e time until th e seco nd op ning sh all be reached and made available which said second openi ng the said Insp ector of coal mines shall_ cause to b e made with out unn ecessary delay, and m case of furn ace e ntilation being used before the second opening is reached, the furnace shall not be placed within forty feet of the foot of the shaft, slope or drift, and shall be well secured from danger from fire by brick or sto ne walls of sufficient thi ckness. l\\an=Ways. ~EC. 2564. When a second opening or outlet 1~ made. which does not exceed seventy-five feet m vertical depth, from the surface to the seam or strata of coal that is being mined, it I ~ STATE OF \-\IYO MING sha ll be s<:: t apart exc lu s ively for the purpose of ingress and egress to or from the mine, by any p rson or p ersons e mployed therein, and it shall always be kept cl ar of any obstruction, and if the opening is a shaft it sh all be fitted with safe and conv ni n t s tairs not less than two feet wide, and not to exceed an angle of sixty degrees descen t, and land ings of not less than eighteen in ches wid e and four feet long, at easy and conve ni ent dis tan ces; and a ll water coming from the s urface o r out of th e strata in the shaft shall so be co nducted a to be prevented from falling do wn th e shaft or th <:: s tairs or on persons asce ndin g or desce nding the stairway of the shaft. 1f the second op ening is a slope for a traveling ,, ay and has a greater angle of descent than twen ty-five J eg re·s, it shall be provided with f:11ita ble s tairs, not les than two feet wide, but when the seam or s tratum of coal at main outlet o r capement shaft in connection with any mine exc els seve nty- five feet in vertical depth from th e surfac , the miners or other employes in the mine shall be lo we red into or raised from said mine by machinery; and when the employes are lowered into or raised from said mine at the main o utlet, th e escapement shall be fitted with safe and available machinery, or safe and convenient stai rs, by which persons employed in the mines may readily escape in case of accident. The hoisting machinery and stairs used for lowering or raising the em ployes into or ont of the mine shall be kept in a safe condition and inspected once each twenty-four hours by a competent pe rson employed in whole or in part for that purpose, and such machinery and the methods of its in s pection shall be approved by the State Inspector of coal mines. I '~ - - - - - - - - - - - - - - - - - �MININ G LAWS ST AT E O F VVYOMIN G Ventilation-Gas and Fire Damp- Duties. _ SEc. 2565. T h owne r or age nt of any coal mme, w_het~er shaft, slop e or drift shall provide and mamtam for every such min e ample means of ventilation, affordin g n ot le s than on e hun dred cubic feet of pure air pe r m inute for ach and every person employed in aid mine, an d as mu_ch more as t_he circum s tances may require, which shall be circu lated around the main h eadings and across h eadings and wo rki ng places to an extent that will dilute, carry off and re nd er harmless the noxious or dange rous gases generated therein, and all mines ge n eratin g fire-d amp shall be kept free of standin g gas in t he wo rked out or abandon ed !-'arts o f th e sam e, and the entrance thereto shall be prop erly closed and cautionary notice shall be posted to warn p ersons of danger, and e very working place and all oth er places where gas is known or supposed to exist shall be carefu lly examin ed by the fi re-boss, within two hours immediately before each shift, with a safety lamp, and in making said examination it shall be the duty of the fire- boss, at each examination, to leave at the fa ce of every place examined evid ence of his presence; and it shall not be lawful for an) miner to enter any mine or part of a mine generatin g fire-damp until it has been examined by the fire-boss aforesaid and by him re ported to be safe. Control of Fire Damp-Penalty. SEc. 2566. It shall be unlawful for any miner, fire-boss, employe in any mine or other person_ to . brush fire-damp from any place in a coal ~me by means of a coat, sack, sail cloth orany li½e article or material; and any person so offendmg shall be deemed guilty of a misde- meanor, and upon conviction shall be imprisoned for a term not exceedin g six months, and fin ed in any sum not to exceed one hundred dollars. And any owner or superinte ndent, mine-boss or fire' boss who shall knowingly permit the same to be done shall be d eemed guilty of a misdemean or, subject to the same penalties as hereinbefore p rescribed. ..,, Mining Boss- Duties. E . 2567. I n order to better sec ure the proper vent ilation of every co al mine, and promote th e hea lth and safety of the persons employea t herein , the owner or agen t shall e mploy a comp etent and practical inside overseer, to be called mi ning boss, w h o shall be an experienced coal miner, and shall h ave taken an d passed the examination before, and received a certificate of comp etency from the examining board hereinafter pro vided for, and who shall keep a careful watch over the ven tilating apparatus and the ai rways, t raveling ways, pumps and drainage, and shall see tha t, as the miners advance their ex cavations, all loose coal, slate and rock overhead are carefull y secured against falling on the travelin g ways, a nd that suffici ent props, caps and timbers are furnished upon order of the miner, of suitable size and cut square at both ends, a nd as near as practicable to a proper length for the places where they are to bt: used, and such props, caps or timber and the necessary rails and ties shall be delivered at the mouth of the rooms. He shall see that all water be drained or hauled out of all working places before the miner enters, and, as far as practicable, kept dry while the miner is at work; and it shall be the further duty of the mining boss to se·e that the proper cut-throughs are made in the room �-------..... $TATE OF vVYOMlNG r6 17 MINING LA WS char e of the agent of s uch mine_, a n~ in all mines the Joors used in assisting or directrng th~ ve ntilation of the mine shall be so hun g and adJus~ed that th ey will clos thems l·ves, or be supplied with sp rin gs or p ulleys so that th ey cannot b e left standin g open, and bore holes s hall b e kept no t less than twelve f t in advance o f the face of every work ing place, and wh en n ec_essar~ on the sid es of th e sam e wh en they _a r~ berng dnven toward s and in dangerou s prox1m1ty to an abandoned min e or pa rt of a mi n e, s~spe~t~d of contain ing infla mmable gases, or which 1s mundated with water. pillars in the miners ' places at intervals of not more than sixteen yards for th e purpose of ventilation, and in all hauling roads holes for sh elter shall be mad~ every thirty yards , and be kept whitewashed , when a space two feet and six inches between the wagon and th e rib hall be deem ed sufficient for shelter; and th e minin g boss shall measure th air current at least on ce a week at the inlet and outlet and at or near the face of the headings. Record. SEC. 2568. The mining boss shall k ep a record of such measurements , which shall be placed by him in a book kep t for that pnrpose; said book to be open for the exam inati on of the aid State InspE>ctor. H e shall also, on or about the fifteenth day of each month, mail to th e tate Inspector of coal min es a tru e copy of th e air measurements given , stating a lso th e numb er of persons employed in or about said mine, the number of mules and horses used, and the number of days worked in each month , for which purpose blanks shall be furn ished by th e said Inspector. It shall be th e further dnty of th mining boss to immediately notify the own er or agent of the mine of hi s inability to comply with the provisions of this chapter . It shall th en become the duty of the said superintendent, operator, owner or agent at once to attend to th e matter complained of by the mining boss, and to comply with the provisions hereof. Safety Lamps-Ventilation. SEC. 2569. The safety lamps used for examining mines, or which may be used in working therein, shall be furnished by and be the property of the owner of said mine, and shall be in Examination of Mine. SE C. 2570. T h e mini ng boss, or hi assistant, shall visit a nd exam in e e,: e ry wo rkin g place in the min e at least once every a lterna te day while th e miners of such place are or sh ould be at work, and shall direct that each and every working place i prop erly secured by props or timber, and that safety in all resp ects is assured, and that no person shall be pe rmitted to work in an un safe place, unless it be for the purpose of makin g it safe. l Rules. SE . 257 r. All owners and operators of coal mines shall keep posted in a conspicuous place about their min e printed rules, submitted to and app_roved by the State Inspector, defining the duties of all persons em ployed in or about said ~oal mines, which said notices shall be printed 111 th~ langua~e or languages used by the miners workmg the rem . �18 STATE OF \V Y MING 19 M I NING LAW S Injury to Property- Penalty. SEC. 2572. Any min er, work man or oth e r perso~ who shall in_tentionally injure an y shaft, lamp, mstrume nt, air course or bra ttise, or obstruct or throw open a ir ways, or carry lighted pipes or matches into places that are worked by safety lamps, or handle or disturb a ny part of th e machin ery, or open a door and not clos e it again , or enter an y place of the min against ca ution, or disobey any order g iven in carrying out th e provisions of this chapte r, or do a ny othe r act whereby the lives or th e health of p ersons or security of the mines or machine ry is e ndangered, shall be deemed guilty of a misd emea nor, and may be punished in a man n er provid ed in section two thousand fiv e hundred and eightyfour. Machinery- Traveling Way. S Ec. 2573 . All mach inery about m in s hal l be properly fe nced off, and the r s hall be cut iu the side of every hoisting shaft, at th e bottom thereof, a traveling way sufficiently wide and high to enable persons to pass the shaft in going from one side of th e min to the other, without passing over or unde r the cage or oth er hoist ing apparatu s. Inspector to Have Access to Mines. S EC. 257+ The State Inspector of coal mines shall have the right at all tim es to ente r any coal mine to make ex amina tions or obtain information, and the owner or s up erintendent_ shall afford any assistance necessary to the said Ii:ispector in making such examination. The s~1d In spector shall notify the owner,lessee,supe_n ntendent or mining boss immediately of the discovery of any iolation of this chapte r, _and _o f the pe?a lty imposed the1:e b) fo _r s ue~ v10lat10n, and m case of such notice be mg d isregarded for th e space of five days h e shall institute p~o_ceedings aaainst the owner, age nt, less ee or mmrng boss, , u~der the prov'isions of section two thousand five: hun dred and eighty-four. In case, however, where, in th e j ud gme nt of the said Inspector, delay may jeop ardize l ife or limb, he may at once enter pro ceedings ( xcept the defects to be remedi ed ) to res train work ing of the min e; and th e cos t of said pro ceedings incl uding th e ch arge of the at torney pro secu ting th e same, shall be borne by the owner, le ssee, o r sup erinte ndent against wh om su ch pro ceedings are had; provicld, that n o atto rney fee exceeding the sum of fi fty dollars s hall be tax ed in any on e case for the prosecution of such case; and provided, furth 1::r, that if th e court sha ll find the cause not s ufficient, th en the ca se s hall be dismi ssed and the costs borne by th e ta t . Procedure in Case of Accident. ~E C. 257 5. vVh en ev r, by reason of any ex plosion, or any oth er accid ent, in any coal mine or th e machin ery conn ected therewith loss of life or serious pe rsonal injury shall occu;, it shall be th e ~uty of _su~h p erso~s having "charge of such ~me or colli ery to g ive a notice thereof fort~with to th e State Inspector of coal mines and 1£ any pe rson is killed th e reby, to the coro~ ner ?f th e county, who shall give due notice of the 11:1q uest to be held . If the coroner shall determm e to hold an inquest, the said Inspector shall be allowed to testify and offer such testi1 ~ ony as he shall deem necessary to thoroughly mform the ~ai~ inquest of the causes of the death, a nd the said mspector shall have authority at ,I p ===---=;=.===,::----,.,.....,,..,,.........,..- - - - - - - - -- - -~ ~ ~ ~ ~ ~ ~ ~~:--:-=-------:=-=::::?J·!, �T AT !! OF \Vvo~IING 20 21 M I NING LAW S an y tim e to appear b fore said coroner and jur ' a nd question or cro ss q uestio n any wi tness, and and in choosin g a j ury for th e pu r pos o f holding such inqu est it s ha ll be th e duty of the coroner to e mpanel at least one ex pe rienced min e r on such jury. It shall be the duty of the said I ns pector, up on bein g no t ified as herein provide~ , to imm edia tely re pa ir to th e scene of the accid ent and make such sugg stions as may a ppear necessary to secu re the future safety of th e menand if th e res ults of th e explosion or acciden t do not requ ire a n in ves ti gation by the coroner, he shall proceed to invest igate and ascertain th e cau se of th e ex plosion o r accid nt and make a record thereof, which he shall Ii] as provided for; an d to e nabl e him to make th e investigati on he shall hav e th e power to com pel the attendance of p e rson s to t stify, a nd to admini ter oath s or a ffi rmations. Tb e cost of uch inves tiga tio n shall be pa id by the county in which th e accident occ ur red in th e same mann er as co ts of coroners' inqu ests are paid by la w. Appeal from Decision of Inspector. SEc. 2576. The In spector shall exercise h is sound discretion in tbe en forcem ent of th e proYisions of this cha p ter, a nd if the operator, o,-vn r or miner shall not be sat isfied with a ny d ecision of the In spector rendered in the d ischa rge of hi s duties under this chapter, wh ich said decis ion s hall be in writin g, and s ign ed by sa id In specto r, the said own er, operator, miner or miners may, within fifteen days after s uch d eci sion is rendered, appeal to the district court of the county in which the mine is located, and said court shall speedily determine the point involved in said d ecis ion and appeal.which said decision shall be bind ing and conclusive, subject only to a n appeal to th e s upre me co urt of t!1e Sta te. T he_ co urt, in its d iscretion, may appoint th ree practi cal, co~petent a nd d isin tereste~ person s, w ~1?se duty 1t shall be, und r instruct10ns_ of the s aid court, to forth with examin e such mine a n d m ake re port und er oath of the facts _as t~e.f ex is t or m ay h~ve been, togethe r with th eir opm10ns th e reon , which report of said board shall becom e a b_so~ute, unless exceptions th ereto s ha ll· b e filed w1thm te n days after th e notice of the filing thereof, to t he ow ner, op erator, miner or mine rs or Inspector, a nd if exceptions be filed the cou rt shall at ? 1?ce hear and determine the same, and the dec1s10n shall b final and conclusiv , ubjec t o nly t o appeal as afor said . If the conrt s hall fina lly s ustai n th e d ecision of th e Inspector, then t h e a p p ellants shall pay all costs of uch proceedin gs, an d if th e court shall not sus tain the dec isio n of the In spector, then such costs shall be p aid by the co unty or by the appellants a n d co unty in such proport ion as the court s hall d e t ermine . N o appeal fro m any decision mad e by any Inspector shall work as a supersedeas during the pendency of such app eal, bu t all s uch d ecisions ba ll be in full force until reversed or m odifi ed by the court. Examining Board- Appointment. SE c. 2_577. On th e p e tition of the Inspector of _coal mm es, th e d is_tr ict court in any county in this S tate s hall a p p omt a n exam ining board for such c? un ty, con s istin g of the State Inspector of co_al mm es, an ope rator of a coal mine, and a coal mmer, who shall be citize n s of the Uriited States and the la tter two of w hich board shall have a~ le~s~ ten years' experi ence in coal mines and mmm g, whos: duty it shall be to examine a ny person applymg there to as to his competency �n 22 MININ G LAW S and qualification s to discharge the duti es of mining boss. ST ATE O F \ :YVOM IN G 23 Boss to Have Certificate. SEc. 2578. Said board of ex am iners shall meet at the call of the Inspector and th ey sh all grant certificat~s to all persons whose ex amination shall disclose th eir fitn ess for the duties of mining boss, and such certificat shall be suffi cient evidence of the competen cy and qualification of the holders for the dut ies of aid office· provided, how ever, that when th e tate lVIine In spector from his inspection of any mine may become satisfied that the min e-boss or fire- bos s is incompetent in th e p erforman ce of hi s du ties, he may request him to unde rgo a r -examinatio n before the examining board , and in th e even t of bis refusal to undergo said exa mination h e is he reby authorized to cancel his certificate of compete ncy and cause the sam e to beco me null and void. SEC. 2580 . No person s hall act as fire-boss or mining-boss unless granted a certifi cate of competency by th e State Inspector of coal mines. No own er, operator, contractor, lessee or ·agent shall employ any mining-boss or fire-boss who does not have the certificate of competency r equired. Said ce rtificate shall be posted up in the office of the mine, and if any accident shall occur in any min in wh ich a mining-boss or fireboss shall b employed who has no certificate of competency, as required by this chapt er, by which any miner shall be killed o r injured, h e or his estate s hall hav e a right of actio n against such operator, owner, les e or agen t, and shall recover th e full dam ages susta in ~d ; in case of death, such action to be brought by th e administrator of his estate within three years from the date of accident, the proceeds recovered to be divided among the h eirs o f the d eceased according to -law. Compensation and Term of Office. Inspection at request of Miners. Duties of Board. I SE c. 2579. The members of th e exammrng board, other than th e Insp ector, sh all h old their office for the p e riod of two years from the date o{ their appointm ent, and sha ll receive five dollars per day for each day necessarily and actually employed, and mil eage at the rate of fifteen cents per mil e for each mile necessarily traveled , to be paid by the State. Vacancies in th e membership of the board shall be filled by th e court of the proper county, except the vacancy in the office of the Inspector. Sessions of the examining board shall not exceed three days in each quarter, and for any certificate granted the board shall receive the sum of one dollar, the same to be paid into the State treasury. S~c. 25 r. At any tim e, upon the request o f the mmers employe~ Ill any co'.11 mine, the State Inspector may appomt a comm ittee of two miners employed in said min e, which committee shall ~e assisted by the min e-boss to make an inspection ~f said mine and report th e result of said inspec_tion to _the State Mine Inspector, for which se;v1ces said committee shall be paid by the· mmers ~mployed in said mine. The State Insp~ctor is hereby made the legal adjuster of all ~v;_igh scales,_ measures or other mechanical mame by which the miners' coal is weighed or mefsured, and shall balance and adjust said fta es or me~sur~s at any time he may consider necessary Ill his official \'isits to the mines. �- ----- 6J STAT E OF' \IVVOMING MINING LAW S Person Injured to Recover Damages-When. SEc. 2582. F or a ny inj ury to person or property occasioned by any violation of this ch apter, or any willful fa ilure to comply with its provi sions, a right of action against th e party at fault shall accrue to the party injured for the direct damages sustain ed the reby, and in any case of loss of life ; by reason of such violati on or willful failure, a right of acti on against th e party at fault shall accrue to the ad ministrator of th e e tate of the person whose life shall be los t, fo r like recovery of damages for the inj uri es sustained ; provided, that nothing in this section shall be so construed as to preven t th e recovery of any lawful damages against th pe rson or company op erating the mines if said company hould be found in fault or shall have contributed to any accident by means of carelessn ess on thei r part; and provided, furth er, that in no case shall the State be liable for d amages u nder th i chapter. Stretchers to be Provided-When. S E . 2583 . It shall be th e duty of owners, operators, lessee , superint nd en t a nd agents of coal min es to keep at th e mouth of the drift, shaft or s lope, or at any such oth er place or places as shall be designated by th e I nspecto r, stretche rs in such numb er as th e Inspector shall designate, prop erly constructed, for the purpose of carrying away any miner or employe working in and about such mine, who may in any way be injured in and about his employm ent. Neglect of Duties-Penalties. SEc. 2584. The neglec t or refusal to JJerform the duties required to be performed by any section of this chapter or sections one hundred and 25 ten to one hundred and fifteen inclusive (these sections are now Chapter 23, Laws of 1903, t_he first chapter of this pamphlet) by the pa~t1es therein required to perfo_rr:n th em, or t?e v10lations of any of th e prov1s1ons _or reqmrements thereof, shall be d eem ed a m1sdel'!1eanor, a~d shall, upon conviction, ex cep t whe rem otherwise provided, be punish ed by a fine of not l~ss than two hundred dollars and no t ex ceedmg five hundred dollars, at the discre tion of the court; provided, tha t in case the neglect or failure or violation occurs in the case of th e State Inspector of coal mines, if such violation , failure or neglect is shown to have been willfu l, such punishm ent shall be by a fine of not less than fiv e hundred dollars nor mo re than one thousand dollars, or by impriso n ment not less than six months nor more than one year, or by both ; and in default of paym ent o f any fin e imposed upon any person und er thi s chapter, such person may be committed to jail until th e same shall be paid. Application. SE c. 2585. T h e prov1 s10ns of this chapter shall not apply to any mine employing an average of less than ten persons during any one twenty-four hours. CHAPTER 3 ·-'i., Eight Hour Law :j Legal Working Day in Coal Mines. S;c. 2 586. Eight hours shall constitute a day s work for all coal miners and laborers now ::ployed, ?r ,yho 1:1-ay be hereafter employed, in .t Y coal mme m this State, except in cases where I may be necessary to work more than eight �- 7[j - -- -- • - - MINING LAWS STA TE OF 'WYOMING hours per calendar day for th e protection of property or human life; provided , that in all such cases the miners or laborers so employed and working to exceed eight hours pe r cale ndar day shall be paid upon the basis of eight h o urs constituting a day's work. Ill a)' hereafter l>e e mployed , in or about any coal Day Defined. SEC. 2587. In all contracts h ereafte r made between any owner, lessee or operator of any coal mine with any such miner or laborer for his services as such, the word day when used shall be construed to be eight hours; provided, that nothing in this chapter contained shall be construed to prohibit or prevent any such owner, lessee or operator from operating his or its coal mine more than eight hours in any twen ty-four. Time Defined. SEc. 2588. The eight hours in thi s chapter provided for shall be con stru ed to mea n eight hours of actual labor and shall not include th time consumed in going to or returni ng from work. Penalty. SEC. 2589. Any owner, lessee or operator, his or its agent, employes or servants violatin g any of the provisions of this chapter shall be fined not less than fift y dollars nor more than three hundred dollars, or imprisoned not more than three months, or both. CHAPTER 4 Payment of Coal Miners Miners Shall be Paid Semi=J\1.onthly. SEc. 2590. All wages or compensation of coal miners and laborers, now employed, or who mine in the Stat , s ha ll be due and payable semi-monthly, and such payment shall be made in lawful mon ey of th e U nited States, or by . a good and valid c~eck o r draft, payable on :presentation thereof, m lawful money of the Umted States, and not otherwi e; that is to say, all such money earned prior to the first day of any month shall be due and payable on or before the fifteenth day of such month, and any such money earned prior to th e sixteenth day of any month shall be due and payable on or before the last day of s uch month . Any person, company or corporation operat in g coal mines wi thin this State who fails to com ply with the prov isions of this section sha ll be fined in the sum of no t les s than twentyfive dollars nor more than o ne hundred dollars for each and every offense. Action Accrues- When. SE C. 2591. In case of any employer of any suc h miner or laborer s hall fail or refuse to make payment as aforesaid, the same shall be recoverable in an ac tion at law, together with legal interest from the date wh en such ·amount was due, as provid ed herein. Set=Off. S Ec. 2592. No account for goods, wares or merchandise, nor any claim, except for money lo~n ed or advanced by such employer to such mmer or laborer, except as hereinafter provided, shall be allowed as a set-off or counter-claim in such action, and any condition of employment whereby any of the provisions of this chapter are sought to be avoided shall be utterly null and void. �--.----- ST,<TK 0 1' vV\' OM I NG ]VftNIN G LAWS Employer May Furnish Certain Supplies. SEC. 2593. Nothing in this chapter contained shall be held to inte rfere with any contract or agreement, in writing, for th e furni shing by such employer to such employes, o f med ici n e, medical attendance, fuel or house rent. CHAPTER 5 Weighing of Coal Regulating the Weighing of Coal. SE C. 2594. It shall be unlawful for any mine owner, lessee, operator, agent or company in this State, employi ng miners at bushel or ton rates, or other quantities, in mining coal , to pass the output of coal min ed by said miners over any screen or any device which shall take any part of the marketable coal from the amount thereof, before the same shall have bee n weigh ed and duly credited to the employes sending th same to the surface, unless o th erwise agreed upon between miners and th eir emp loyers. In case of an y agree ment where coal is credited to miners after having been screened and weighed, said miners or employes shall recei ve compensation for all marketable or saleable coal sent by them to the surface, and accounted for at the customary rate of weights; provided, that this section shall also apply to the class of ·w orkers io mines known as loaders engaged in mines where mining is done by machinery whenever the workers are under contract to load coal by bushel, ton or quantity. Fraudulent Weighing of Coal Prohibited. SEC. 2595. It shall be unlawful for any person, company or corporation having or using , for the purpose of weighing th e ontput of sea les . . . l mine in this State, to so arrange 01 conany c Oa • t • h struct the sam e that fraudulent or mcorrec we1g 1· may b e done th e reb y, or to resort to or em~~y any m eans by reason ;of which such_ coal rs may be mined sh all be mcorrectly weighed and reported . Penalty. SE C. 2596. Any p erson, company or corporation, or agent or e mploye of a1_1y person, company or corporation, who sbal! v10late '.1ny of the provision s of the t wo pre ceding sections, shall be fined not more than on e hundred dollars, or imprisonme nt in th e connty jail not more than three months, or both. CHAPTER 6 Session Laws 1903 CutaOffs in Cross• Cuts in Coal Mines Cut=Offs-Built How. SEC. r. It shall be th e duty of ev-ery person, company or corporation, owning or operating coal mines, to shut off all unused cross-cuts between main entries and air courses with a tightly built wall of suitable rock ; said wall may be built of waste rock from said mine, the face of such wall to be plastered with mud, or lime and sand; said wall to be kept at all times in perfect condition and repair. Safety Cable to Man=Trips. SEc. 2. It shall be the duty of every person, compa?-y or corporation, owning or operating • ~oal mmes, to provide a wire cable which shall, m all cases, and under all circumstances, be attached to the lead car on all trains of coal cars �Mll,JN G LAW 30 going into a coal min e, and to th e las t car of coal cars coming out of a min e, whi ch train of cars are commonly known as " man -trip s " ; and which said wire cabl e s ha ll also be attached to the hoist cable in such way that, if an y co uplin g of the cars on sa id " man-trips " sh ou ld becom e broken or unfaste ned , th e said wire cabl , s o attached to the hoist cable, would prevent th e cars becoming uncoupled and runnin g back into th e mine. Any such train of cars, known as " man trips;,, shall not be run at a g reat r speed than five miles an hour. Penalty. SE C. 3. Any person , company or corporation violating any of th e pro vis ion s of th is act shall upon conviction thereof, be d e m ed gui lty o f ~ misdemeanor. and shall be fined not less than one hundred dollars nor more th a n one thousand dollars for each offense. State Mine Inspector- Duty. SE C. 4. It s hall be the cl u ty of th e State Mine Inspector to enforce the provis ions of this act. CHAPTER 106, SESSION LAWS OF WYOMING, 1909. House Bill 118 Relative to Sprinkling of Dry and Dusty Places in Coal Mines. AN ACT, to provide for the sprinkling with water of all dry a nd d usty places or parts of coal mines in the State of Wyoming and providing penalt ies for t he viola tion thereof. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WYOMING: Shall Sprinkle. SEC. I. Th e owner, lessee or agent or operator of a ny coal mi ne, whether shaft, slope or drift , sha ll sprinkl e wi t h water at least twice a week all dry and dusty places ,, ithin said coal mines, and all accumulations of dust shall be loaded up a nd taken outside of the said mine at least once each month while such mine is in operation ; Provided, That all accumulations of slack, machin e slack, track cleanings and other waste n:a tcrials incident _to. coal mining shall be consid ered as dust w1th111 the meaning of this act. Amount of Fine. SEC. 2. Any person, persons, or association of persons, or corporations or agent, operator, lessee or owner of any coal mine in this State who shall violate any of the provisions of this act shall upon conviction be fined in any sum not less than fifty dollars, nor more than one hundred dollars. for each and every offense. SEC. 3- Tlus act shall take effect and be in force from and after its passage. Approved February 27th, 1909. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Coal Mining Laws of Wyoming Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1909 Subject The topic of the resource Sections of revised statutes and amended laws of 1901, 1903, and 1905. Description An account of the resource 6" x 4" booklet with beige cover and black spine. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource The Union Pacific Coal Co. Identifier An unambiguous reference to the resource within a given context 1-0033 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.