Missouri Revised Statutes

Chapter 293
Mining Regulations

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Definitions.

293.010. 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)

Applicability of law.

293.020. 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)

Mine inspection fees, report, payment--records subject toinspection--state mine inspection fund created.

293.030. 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)

Maps of mine, when made, contents.

293.040. 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)

Hours of work--safety rules--posting of law and rules.

293.050. 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)

Limits on visitors.

293.070. 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)

Mine owner to report, when.

293.080. 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)

Director's report, contents.

293.090. 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)

Washrooms, dressing rooms, first aid equipment.

293.100. 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)

Working places, shafts--drinking devices.

293.110. 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)

Air safety requirements.

293.120. 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)

Mine railroad equipment and operating requirements--gasolineengines limited.

293.130. 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)

Escapement shafts, how equipped.

293.140. 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)

Electrical wiring and equipment requirements.

293.150. 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)

Electrical equipment requirements.

293.160. 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)

Fire safety requirements.

293.170. 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)

Protective clothing and devices to be worn.

293.180. 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)

Accident reports, investigation, powers of inspector--failure toreport, penalty.

293.190. 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

Wrongful death actions, generally, 537.080 to 537.100

Shaft coal mine outlets and escapement shaft requirements--penalty.

293.200. 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)

Shaft coal mines, ventilation requirements.

293.210. 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)

Daily examination of coal mines generating explosive gas, record.

293.220. 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)

Experienced coal miner to handle explosives or gases.

293.230. 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)

Blasting cartridge requirements.

293.240. 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)

Violation of coal mining safety laws, penalty.

293.250. 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)

Explosive strongbox required--employment of shot firers,duties--penalty.

293.260. 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)

Storage of over daily supply of explosives in mine prohibited.

293.270. 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)

Location of explosive storage magazines, ventilation.

293.280. 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)

Detonators or caps not kept in magazine in coal mine.

293.290. 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)

Explosives not to be prepared in storage magazine.

293.300. 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)

Violations of law as to explosive storage, penalty.

293.310. 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)

Bore holes required, when, where.

293.320. 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)

Signaling and hoisting devices in shaft, safety requirements.

293.330. 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)

Coal mines with twenty-five miners, signalmen required--hoistingcages furnished, when--penalty.

293.340. 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)

Hoisting equipment, operating requirements (coal mines).

293.350. 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)

Inspection of hoisting equipment, records--penalty (coal mines).

293.360. 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)

State inspector to post statement of mine condition and hoistingrules (coal mines).

293.370. 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)

Coal mine operated, how--abandoned workrooms sealed, penalty.

293.380. 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)

Standards for roof control--supply of materials required (coalmines).

293.390. 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)

Coal dust controls.

293.400. 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)

Welding and cutting operations, ventilation, rock-dusting.

293.410. 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)

Weighing regulations where coal miners paid by weight.

293.420. 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)

State inspectors to check scales--refusal to allow test andfraudulent weighing, penalties.

293.430. 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)

Weighing laws apply to "loaders", when.

293.440. 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)

Coal miners to be brought to surface for lunch period of hour,penalty.

293.450. 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)

Coal miner to prove qualifications before working alone--penalty.

293.460. 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)

Division to close coal mine, when--penalty.

293.470. 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)

Coal miners paid wages, when--penalty.

293.480. 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)

Coal miner's lien for wages.

293.490. 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)

Applicability of sections 293.200 to 293.490.

293.500. The provisions of sections 293.200 through 293.490 are applicable only to coal mines.

(L. 1959 S.B. 188 § 55)

Dangerous mines to be closed by state, expenses.

293.510. 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)

Experience required for miners, except trainees.

293.520. 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)

Notice of opening and abandonment of mines--abandoned minesto be sealed.

293.530. 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)

Outlets may be required, when--location of shafts.

293.540. 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)

Ventilation of mines.

293.550. 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)

State inspections for health safety--procedure when ventilationinadequate.

293.560. 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)

State inspection for dust--waterlines to be installed, when,sprinkling.

293.570. 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)

Explosives, storage, handling and use.

293.580. 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)

Hoisting equipment and operating regulations.

293.590. 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)

Director may require crossheads in shaft sinking operations.

293.600. 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)

Applicability of sections 293.510 to 293.600.

293.610. The provisions of sections 293.510 through 293.600 shall apply to all mines except coal mines.

(L. 1959 S.B. 188 § 65)

Caves, inspection, to provide map--inspection fees.

293.620. 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)

Rules and regulations.

293.630. 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.

(L. 1959 S.B. 188 § 3)

Inspectors and employees--appointment, salaries.

293.640. 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)

Expenses of director and inspectors.

293.650. 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)

Inspection of mines, when--rights and duties of inspectors--reports.

293.660. 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)

Complaints as to dangerous conditions, procedure.

293.670. 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)

Judicial review of orders of director--effect of filing on order,procedure.

293.680. 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)

Violations of law, penalty.

293.690. 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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