CHAPTER 54. {Assented to 28th April, 1948]

1948 MINES REGULATION, COAL. CHAP. 54

CHAPTER 54.

An Act to regulate the Working of Goal-mines.

{Assented to 28th April, 1948]

H IS MAJESTY, by and with the advice and consent of the Legislative Assembly of fJie Province of British Columbia,

enacts as follows:— Preliminary.

1. This Act may be cited as the " Coal-mines Regulation Act."

2. In this Act, unless the context otherwise requires:— "Agent" means a person having on behalf of the owner

the charge and control of a mine, and includes the general manager:

" Bank " means the pit-head or any surface entrance to a mine:

" Chief Inspector " means the officer of the Department of Mines appointed and known as the Chief Inspector of Mines:

" Coal-miner " means a person employed underground at the working-face in a coal-mine to cut, shear, break, or loosen coal from the solid, whether by hand or machinery, and possessed of a British Columbia certificate of competency as such:

" Colliery " means a mine, and includes two or more adjacent mines under the same control and ownership :

"Coal-stripping operation" means an open excavation in which a coal-seam is reached through complete removal of the overburden and from which the coal is intended to be subsequently extracted:

"Competent person" means a person skilled in and appointed for the purpose of doing the class of work

205

CHAP. 54 MINES REGULATION, COAL. 12 GEO. 6

specified, aad where a certificate of competency is required under this Act, means a person holding such a certificate:

" Fireman" or " fireboas" means a competent parson appointed to inspect the working-places of a mine, and the roadways and approaches thereto, and other accessible parts of a mine, and to see thet such are safe before a shift is allowed to enter % working-place or other part of the mine:

" Inspector " means a person appointed, pursuant to this Act, to be an Inspector of Mines, and includes an Electrical, Metallurgical, and Mechanical Inspector:

" Manager " means the chief officer who has the control and daily supervision of a mine and who possesses a first-class certificate of competency as such issued under this or a former Act:

" Mine " means any opening or excavation in or working of the ground for the purpose of mining, opening up, developing, or proving any coal or coal-bearing deposit, and includes any place where coal-mining is or mt»y be carried oh, and includes all works, machinery, plant, buildings, and premises below or above ground belonging to or used in connection with a mine, but does not include a coal-stripping operation:

" Minister " means the Minister of Mines: " Outlet" means a shaft, slope, incline, tunnel, level, or any

other means of exit from a mine: " Overman " means a person who has the daily charge of

the underground workings of a mine under the control and daily supervision of the manager, and next in charge under the manager, and who possesses a second-class certificate of competency as such issued urder this or a former Act:

" Owner " includes every person who is the immediate holder.. or proprietor, or the lessee, or the occupier of a mine, or of any part thereof, but does not include a person receiving merely a royalty or rent from a mine that is subject to a lease, grant, or other authority for the working thereof; nor does it include a person who is the owner of the surface rights of land in which a mine exists, but who is not the owner of the coal in the mine :

" Plan " means any map or section, or a copy or tracing of an original map or section certified to be a correct copy by the manager or by a properly qualified British Columbia coal-mine surveyor:


" Shaft" means any perpendicular excavation in the earth or strata used for ventilation purposes, or for Qie ingress or egress of men or material to or from a mine:

" Shiftboss " or " mine foreman " means a competent person in charge of any mine or part of a mine next under the overman, and who is possessed of a certificate of competency as such:

" Shotlighter " >/teans a competent person who is employed to supervise the use of explosives underground in a coal-mine, and who in possessed of a certificate of competency as such:

" Slope " or " incline " means an excavation in the earth or strata driven at an oblique angle with the plane of the horizon» and used for vmtilation purposes or for the ingress or egress uf men or material to or from a mine:

"Suitable" means suitable to the satisfaction of the Inspector:

" Tunnel" or " level" means an adit or any excavation in the earth or strata driven horizontally or at such grade as may be necessary for drainage or haulage purposes, and used for the ingress or egress of men and material to or from a mine:

" Woman " or " girl" means a female person of any age: " Working-face " means a portion of a coal-seam in a mine

from which coal is being cut, removed, sheared, broken, or loosened.

3. This Act is divided into twelve parts, relating to the following subjects:—

PAST. SECTION.

I.—Inrpection of Mines 4-13 II.—Employment of Managers, Overseers, and Coal-

miners- 14-16 III.—Examinations and Inquiries as to Competency— 17-29 IV.—Regulation of Employment and Wages 30-42 V.—Outlets, Water-covered Coal Areas, and Division

of Mines 43-52 VI.—Protection of Abandoned Mines, Plans of Mines 53-57

VII.—Returns and Notices 58-62 VIII.—Arbitration 63

IX.—Inquests — 64 X.—Rules 65-81

XI.—Rescue-work 82-83 XII.—Supplemental 84-93

207

CHAP. 5 4 MINES REGULATION, COAL. 12 GEO. 6

PART I.

INSPECTION OF MINES.

Appointment of Inspectors.

Appointment or 4 . (1.) Subject to the provisions of the " Civil Service Act," iiwiweto™. there may be appointed from t ime to t i m e : —

(a.) Persons who hold first-class certificates of competency under th is Act or a former Act to be Inspectors of Mines:

(&.) Persons t o be Inspectors of electrical equipment of mines, who shall be known a s " Electrical Inspectors " :

(c.) Persons to be Inspectors of mechanical equipment of mines, who shall be known as " Mechanical Inspectors."

Qi»iiAc.tic!»*nd (2.) The Chief Inspector shall prescribe the duties of Inspectors of Mines, and shall prescribe the qualifications and duties of Mechanical and Electrical Inspectors, b u t : —

(a.) An Electrical Inspector shall make inspections only in respect of electrical equipment unless otherwise authorised by the Chief-Inspector; and

(b.) A Mechanical Inspector shall mi'ke inspections only in respect of mechanical equipment unless otherwise authorized by the Chief Inspector.

Powers and Duties of Inspectors.

5 . An Inspector shall have power to do all or any of the following things , namely:—

(a.) To make an examinat ion and inquiry to ascertain whether the provisions of th i s Act re la t ing to mat te r s above ground or underground in connection with any coal-mine a re being complied wi th :

(6.) To enter, inspect, and examine any mine, and any pa r t thereof, and any of the equipment thereof, and any of the plant in connection therewith , a t all reasonable t imes by day and night, but so as not to impede or obstruct the working of the mine, except in an effort to save or protect human l i fe:

(c.) To examine into and make inquiry respecting the ventilation of the mine, t he sufficiency of the special rules for the time being in force a t a mine, and all mat te rs and things connected wi th or re la t ing to the safety of the persons employed in o r about the mine or plant or any mine or plant contiguous the re to :

(d . ) To exercise such other powers as may be necessary to ca r ry the provisions of th is Act relat ing to coal-mines into effect.

208

Power» of Inspectors.

1948 MINES SEGUI/ATION, COAL. CHAP. 5 4

6. (1.) The Inspector shall visit every mine within his juris- Monthly inspection. diction once a month or as often as his duties permit or existing circumstances require.

(2.) Immediately after each visit the Inspector shall cause to statement to be be posted in a conspicuous place, at or near the mine, a statement J n'ofm"*.* showing what portion of the mine has been inspected, and the ln*p*cU!d' condition found to prevail therein; and he shall furnish a copy of the statement to the manager of the mine.

7. (1.) If an Inspector, upon investigation, is of the opinion power, of inspector that a mine or any part thereof is in any respect dangerous, or TmSmSu^m"* that any matter, thing, or practice done, followed, or permitted *on«httoCT,*t-in, about, or in connection with the mine constitutes a defect calculated to impair the efficiency of mining operations or to endanger the safety of any person in or about the mine, the Inspector shall give notice thereof in writing to the owner, agent, or manager of the mine, stating in the notice the grounds of his opinion, and, by the notice or otherwise, shall order that such remedies be applied and such provision be made for the safeguarding of those employed in or about the mine as he thinks requisite.

(2.) If the Inspector is of opinion that delay in remedying wheredehywouid such matter would be dangerous, he may order the closing of the bed*n«eroul'-mine or any part thereof, or may order the stopping of all work therein or connected therewith, until the matter complained of is remedied; and the Inspector shall forthwith transmit to the Chief Inspector a copy of the order and a full report of the reasons therefor.

8. (1.) When an advancing section of a mine approaches abandoned workings situated in the same seam, whether these belong to the mine aforesaid or not, the owner, agent, or manager shall report the circumstances in writing to the Inspector for the district before the advancing roadways or faces come within five hundred feet of the abandoned workings, and operations shall cease until the details of the method to be followed when advancement is resumed have been submitted to the Inspector and have received his approval.

(2.) In no circumstances shall the advancing section approach nearer than one hundred and fifty feet to abandoned workings situated in the same seam until the exact position of these has been established by a bore-hole, or bore-holes, drilled from the live workings and the abandoned workings have been drained of all standing water above the level of the adjoining workings.

(S.) Subject to such modifications as the Chief Inspector deems necessary, subsections (1) and (2) shall apply, mutatis mutandis, to the case of live and abandoned workings situated in different seams when the abandoned workings and advancing

209

Procedure to be followed when advancing toward abandoned workings.

Kxact position of abandoned workings to be established.

Lire and abandoned workings In different seams.


Section dots not apply in certain

section are separated by less than one hundred and eighty feet of solid measures.

(4.) This section shall not apply where it is possible to examine the abandoned workings to the extent that a definite knowledge of the conditions prevailing in all parts thereof can be obtained.

Person» I f king understanding, knowledge, or skill.

Continued employment of «ueh persons deemid to be a defect

Termination of employment of such persons.

9. (1.) On his own initiative an Inspector of Mines may, and on the application to him in writing of any three coal-miners employed within his inspectorate an Inspector of Mines shall, make an inquiry in order to ascertain whether by want of understanding, knowledge, or skill, or owing to mental or physical incapacity or incompetency for the performance of the particular task or duty upon which he is engaged, or by inability from any cause to understand clearly instructions conveyed to him, any person employed in a mine is or may be a source of danger to any other person in the mine in which such person is for the time being employed.

(2.) Where an Inspector pursuant to subsection (1) has found that such want of understanding, knowledge, or skill, or such mental or physical incapacity or incompetency, or such inability exists in any person, the continued employment in a mine of such person shall be deemed to be a matter, thing, or practice constituting a defect calculated to impair the efficiency of mining operations and to endanger the safety of persons employed in or about the mine, within the meaning of section 7.

(3.) The Inspector may thereupon in writing order the removal of such person from the mine, and upon notice of the order being served on the owner, agent, or manager, the person on whom the notice is served shall forthwith terminate the employment of that person.

Objections to be referred to arbitration.

Order that relate* to a potential source of dancer.

10. (1.) If the owner, agent, or manager of a mine objects to an order of an Inspector under section 7, 8, or 9, he may, within twenty-one days after receipt of the notice of the order, send his objection in writing, stating the ground thereof, to the Minister; and thereupon the matter shall be settled by arbitration in the manner provided by this Act, except that the parties to the arbitration shall be the owner, agent, or manager of the mine on the one hand and an Inspector (on behalf of the Minister) on the other; and the date of the receipt of the objection shall be deemed to be the date of the reference.

(2.) If the objection of the owner, agent, or manager is against an order of the Inspector that relates to a matter, thing, or practice deemed by the Inspector to constitute a potential source of danger to persons employed in or about the mine, such order shall become effective cither immediately or on the date

210

1948 MINES REGULATION, COAL. CHAP. 5 4

prescribed by the order, and shall remain in force pending the outcome of the arbitration proceedings.

1 1 . If the award made on arbitration upholds the order of the owner, «rat. or Inspector, the owner, agent, or manager shall comply with the with «ward, award.

12. No person shall be precluded by any agreement from No«ntrwtto , . , , , , . , , , , . preclude compliance.

doing such acts as may be necessary to comply with the provisions of sections 10 and 11, or be liable under any contract to any penalty or forfeiture for doing such acts.

13 . The Minister may at any time direct an Inspector to make ^pJcJ<!y"g,û,u,

a special report with respect to any accident in a mine that has caused loss of life or personal injury to any person, and he may cause the report to be made public at such time and in such manner as he thinks expedient.

PART II.

EMPLOYMENT OF MANAGERS, OVERSEERS, AND COAL-MINERS.

14. A person shall not be qualified to be, and it shall be Qualification, Pf mine unlawful to employ a person as, a manager, overman, shiftboss, offi':,",•andn,,nen,• fireboss, shotlighter, mine surveyor, or coal-miner unless he is for the time being registered as the holder of a certificate of competency as such under this Act or the former Act.

15 . (1.) Every mine shall be under the control and daily Appointment of supervision of a manager, and the owner or agent of every mine m*nMrer-shall nominate himself or another person (not being a contractor for getting the coal in the mine, or a person in the employ of such contractor) to be the manager of the mine, and he shall send written notice to the Inspector for the district of the name and address of the manager, overman, and shiftboss.

(2.) The underground workings of every mine shall be under underground work-the daily charge of an overman, shiftboss, fireboss, and shot- 0?o\e?mtnno?,iriie

lighter holding certificates under this Act. ,hlftb0"-ote-(S.) The manager and overman shall be separate persons: M»n.*er«naoverman

Provided that in mines where the number of persons employed &!£!?.*""" underground at any one time does not exceed fifty the manager may also act as overman, unless the Inspector, by notice in writing to the owner or agent, requires the mine to be under the control and daily supervision of both a manager and an overman.

(4.) A mine in which fewer than thirty persons are ordinarily owe in which mine employed underground shall be exempt from the provisions of SftL^mtntU. this section in so far as they relate to the appointment of a manager, but the Chief Inspector, by notice in writing served on

211

CHAP. 54 MINES REGULATION, GOAL. 12 GEO. 6

Exemption mar be granted in some cases.

Manager must be holder of a first-class certificate.

Temporary absence of manager.

the owner or aggrit of the mine, may require the mine to be under the control of a manager, and the operations underground shall in every case be under the charge of a person holding a certificate as overman.

(5.) A mine in'wMch fewer than ten men are employed underground at any one time, if the men are engaged in prospecting or exploratory work, shall be exempt from the provisions of this section, but the Chief Inspector, by notice in writing served on the owner or agent of the mine, may require the mine to be under the control of an overman.

(6.) At a mine required to be under the control of a manager, no person other than the holder of a first-class certificate of competency granted under this Act, or of a degree in mining engineering from a university approved by the Chief Inspector, shall take part in the technical management of the operations. This subsection shall not be construed as precluding the employment of otherwise qualified persons in the engineering department of a mine.

(7.) Notwithstanding subsection (1), it shall be permissible, in the unavoidable absence of the manager, coincident with inability of the owner or agent to serve as manager, to operate the mine for not more than twenty-one days without a manager, but the owner or agent must notify the Inspector that the mine is without a manager.

Employment of coal miners.

16. No owner, agent, or manager of a mine shall give charge of a working-place to a person who is not the holder of a certificate of competency as required by this Act, and no person shall seek or obtain employment by means of a false or fraudulent certificate.

PART III.

Constitution of Board of Kx am in ere.

EXAMINATIONS AND INQUIRIES AS TO COMPETENCY.

Examinations for Managers, Overseers, Surveyors, and Coal-miners.

17. (1.) For the purpose of granting certificates of competency as managers of mines, shiftbosses. firebosses, shotlighters, mine surveyors, and coal-miners for the purpose of this Act, examinations shall be conducted by a Board of Examiners, which shall consist of the Chief Inspector of Mines or Senior Inspector of Coal-mines as Chairman and two other Inspectors as members, to be appointed by the Minister. The appointed members of the Board shall hold office during the pleasure of the Minister.

212


(2.; Where any member of the Board of Examiners is unable Appointment of . . . , . , , . . . , .- autxtitute for member

to act at any examination by reason of illness, absence, or other unaMetoact. cause, the Minister may appoint a person to act in the stead of that member for that occasion, or until the termination of the inability, and any person so appointed may complete any unfinished business of the Board in which he has taken part, even if the member in whose stead he has acted has become able to act.

18. The proceedings of the Board of Examiners shall be in neport of proceeding, accordance with the rules in the Second Schedule, and the Board shall make such reports of the proceedings to the Minister as he may request from time to time.

Examination for First-, Second-, Third-class, and Coal-mine Surveyors' Certificates.

19. (1.) The Board of Examiners shall from time to time Examination» cause examinations of applicants for certificates of competency to be conducted in various parts of the Province. Subject to the provisions of this Act, the Board may from time to time make rules for the conduct of examinations and as to the standard of qualifications required of candidates for examination. In the making of rules, regard shall be had to such knowledge as is necessary for the practical working of mines in the Province.

(2.) All examination papers shall be prepared and examined Examination paper». by the Board of Examiners. The papers of all candidates so examined shall be filed with the Board, with a report of the results of the examination.

30. Where a shortage of holders of certificatts occurs in the Prov»ion«i Province, the Board may grant provisional certificates to persons cqr ' c a" of adequate experience to act temporarily as overmen, firehosses, or shotlighters, upon such conditions as the Board considers necessary.

Qualifications of Candidates.

2 1 . (1.) In no case shall a certificate of competency be granted Qualification» of canto a candidate until he satisfies the Board of Examiners:— or competency

(a.) If a candidate for a first-class certificate as manager, that he is a British subject and has had at least five years' experience in and about the practical workings of a mine, and is at least twenty-five years of age, or, if he has taken a degree in mining engineering, including a course in coal-mining, at a university or mining school approved by the Board, that he has had at least three years' experience in and about the practical workings of a mine:

218

n> *"- ^^•*»^S|f>*"<9^*E*?^? • JW$*1 '


(6.) If a candidate for a second-class certificate as overman, that he has had at least five years' experience in and about the practical workings of a mine, and is at least twenty-three years of age, or, if he has taken a degree in mining engineering, including a course in coalmining, at a university or mining school approved by the Board, that he has had at least three years' experience in and about the practical working of a mine:

(c.) If a candidate for a third-class certificate as shiftboss, fireboss, or shotlighter, that he has had at least three years' experience in and about the practical working of a coal-mine, or, if he has taken a degree in mining engineering, including a course in coal-mining, at a university or mining school approved by the Board, that he has had at least two years' experience in coalmines, is the holder of a certificate of competency as a coal-miner, and is at least twenty-three years of age:

(d.) If a candidate for mine surveyor, that:—

(i.) He has had two years' practical experience in the surveying of mines, or is the holder of a diploma in scientific and mining training after a course of study of at least two years at an educational institute approved by the Board, or has taken a degree in scientific and mining subjects at a university so approved, or has been duly authorized to practise and is in good standing as a land surveyor under the " Land Surveyors Act "; and that

(ii.) He is competent:— (A.) To make an accurate survey of the work

ings of a mine and to connect such survey with a surface survey:

(B.) TO make an accurate surface survey and levellings; and

(C.) To plot accurately surveys and levellings. (2.) A candidate for a certificate of competency as manager,

overman, shiftboss, fireboss, or shotlighter shall produce a certificate from a duly qualified medical practitioner or St. John or other ambulance society approved by the Board showing that he has taken a course in ambulance-work fitting him to give first aid to men injured in coal-raining operations.

(8.) For the purposes of this section, the experience demanded shall be of such a character as the Board of Examiners considers of practical value in qualifying the applicant for the position to which the class of certificate for which he is a candidate applies. Experience had outside the Province may be accepted if the Board of Examiners considers it of equal value.

214


(4.) The Minister shall deliver to every applicant who is duly reported by the Board of Examiners to have satisfactorily passed the examination as manager, overman, shiftboss, fireboss, shot-lighter, or mine surveyor, and to have given satisfactory evidence of his sobriety, experience, ability, and general conduct, such certificate of competency as the case requires. A certificate shall be in the form that the Minister prescribes, and a register of the holders of certificates shall be kept by such person and in such manner as the Minister directs from time to time.

(5.) The Minister may sign and deliver a certificate without written examination to an applicant who, being a British subject, is the holder of a similar certificate granted in Great Britain or a British Dominion if the Board reports that the standard of training and examination required for the granting of such certificate is equivalent to that required for the granting of a corresponding certificate under this Act, and that after oral examination of the applicant it is satisfied with his qualifications.

<6.) A certificate of any class shall be considered to include that of any lower class.

22. Oral examinations for applicants for certificates of compe- Examinations for tency as coal-miners shall be held from time to time at places coalm,ner8

designated by the Board for the holding of examinations under this section, and these examinations shall be conducted by a member of the Board, assisted by either the Inspector for the district or the mine-rescue instructor for the district.

23 . No certificate of competency shall be granted to any coal- Qualification» of miner who does not satisfy the majority of the Board of mtaer'awrtificate. Examiners that he is sufficiently conversant with the English language, and with the provisions of the Acts relating to coalmining and the rules and regulations made thereunder, to render his employment as a coal-miner safe, and also that he has been employed in a coal-mine for at least twelve months previous to the date of his application for a certificate and has sufficient knowledge of methods of coal-mining to render him competent to perform the duties pertaining to his employment.

24. (1.) An Inspector of Mines may grant a provisional coal- provi»ion«i certm-miner's certificate of competency to any person for a period not c»t0»mftybe«fttnt

exceeding sixty days from the date of issuance of the certificate. A provisional certificate of competency shall be valid only within the district to which the Inapector who granted it is assigned, and unless the holder of the certificate becomes a candidate for and obtains a coal-miner's certificate of competency from the Board of Examiners at the next examination held under the supervision of the Board at the place designated for the holding of examinations at or nearest to the colliery at which the

215


Permits alowias other penons to be explored ettlw woxkins;-face.

holder of the provisional certificate is employed, the provisional certificate shall become void, and the person holding it shall forthwith be discharged from employment as a coal-miner.

(2.) An Inspector of Mines may grant a permit enabling a person not holding a certificate of competency as coal-miner to be employed at the working-face under the supervision of a person who is the holder of such a certificate if, in the judgment of the Inspector, the employment of the said person under these conditions would be consistent with the personal safety of the applicant and that of the other workmen in the mine, if:—

(a.) The applicant is at least eighteen years of age: (o.) His knowledge of the English language is sufficient to

enable him to understand working directions and warnings given in English; and

(c.) He has had such previous underground experience in a coal-mine, in any capacity, as an Inspector considers as qualifying him for employment under the conditions aforesaid.

Such permit shall remain in effect for a period of one year, unless cancelled by the Inspector, or unless the holder thereof has qualified sooner for a certificate of competency as a coal-miner under subsection (1), and shall be valid unly within the district designated by the Inspector who granted it.

Ieeonee of inbsti-tate certificate».

Appointment of Court end procedure on Inquiries into competency.

Lost Certificates.

25. Where a person proves to the satisfaction of the Minister that he has, without fault on his part, lost or been deprived of a certificate previously granted to him under this Act, the Minister shall, upon payment of such fee (if any) as he may direct, but not exceeding the fee specified in the First Schedule, cause a copy of the certificate to which the applicant appears by the register to be entitled to be made out and certified by the person who keeps the register, and delivered to the applicant; and any copy that purports to be so made and certified as aforesaid shall have all the effects of the original certificate.

Inquiries into Competency,

26. If at any time representation is made to the Minister by an Inspector or other person that any manager, overman, shift-boss, fireboss, shotlighter, mine surveyor, or coal-miner holding a certificate under this Act is by reason of incompetency, drunkenness, or gross negligence, or negligence leading to or resulting in loss of life or serious injury to any employee, unfit to discharge his duties, or has been convicted of any offence against this Act, the Minister, if he thinks fit, may cause inquiry to be made into the conduct of such manager, overman, shiftboss, fireboss, shot-

216


lighter, mine surveyor, or coal-miner; and with respect to such inquiry the following provisions shall have effect:—

(a.) The inquiry shall be public, and shall be held at such place as the Minister appoints, by such County Court Judge, Police Magistrate, Stipendiary Magistrate, or other person as may be directed by the Minister, and either alone or with the assistance of any assessor named by the Minister:

(o.) Before the commencement of the inquiry, the Minister shall furnish the person into whose conduct the inquiry is to be made with a statement of the case upon which the inquiry is instituted:

(e.) A person appointed by the Minister shall undertake the management of the case:

(<£.) The person into whose conduct the inquiry is to be made may attend the inquiry by himself, his counsel, solicitor, or agent, and may, if he thinks fit, be sworn and examined as an ordinary witness in the case:

(e.) The person or persons appointed to hold the inquiry (in this Act referred to as the " Court") shall, upon the conclusion of the inquiry, send to the Minister a report containing a full statement of the case, and an opinion thereon, and such report of or extracts from the evidence as the Court thinks fit:

(/.) The Court shall have power to cancel or suspend the certificate of the person into whose conduct the inquiry has been made if it is found that he is, by reason of incompetency, drunkenness, gross negligence, or negligence leading to or resulting in loss of life or serious injury to an employee, unfit to discharge his duty, or has been convicted of an offence against this Act:

(g.) The Court may require the person into whose conduct inquiry is to be made to deliver up his certificate; and if the person fails, without sufficient cause, to comply with such requisition, he shall, on summary conviction, be liable to a penalty not exceeding five hundred dollars. The Court shall hold a certificate so delivered until the conclusion of the investigation, and shall then either restore, cancel, or suspend the same, according to the judgment on the case:

(h.) For the purpose of the inquiry the Court shall have all the powers of a Court of summary jurisdiction and all the powers of an Inspector under this Act:

(i.) The Court may also, by summons, require the attendance before the Court of any person for the purpose of being examined, and every person so summoned shall be allowed such expenses as would be allowed to a

217


Cortaand of Inquiry.

BemneraUon of Court

to be recorded*

Mo other certiAcmte may be iseaed.

witness attending on subprena before the Supreme Court; and in case of dispute as to the amount to. be allowed, the same shall be referred by the Court to the Registrar, of the Supreme Court, who, on request of the Court, shall ascertain and certify the proper amount of such expenses.

27. The Court may make such order as it thinks fit respecting the costs and expenses of the inquiry, and such order shall, on the application of any party entitled to the benefit of the same, be enforced by any Court of summary jurisdiction as if the costs and expenses were a penalty imposed by such Court.

28. The Minister may, if he thinks fit, pay to the members of the Court of inquiry, including any assessors, such remuneration as he thinks proper.

29. (1.) Where a certificate of a manager, overman, shif tboss, fireboss, shotlighter, mine surveyor, or coal-miner is cancelled or suspended in pursuance of this Act, such cancellation or suspension shall be recorded in the register of holders of certificates.

(2.) No other certificate shall be issued to a person whose certificate has been cancelled, or during the term for which such certificate has been suspended.

•Employment of certain ptnHnuon aarfaee prohibited.

Employment of certain person* underground prohibited.

Employment of peraoni «boat engine*.

PART IV.

REGULATION OF EMPLOYMENT AND WAGES.

Employment of Women, Girls, and Boys.

30. (1.) No boy under the age of sixteen years and no woman or girl shall be employed or be pennitted to be in or about the surface workings of a colliery for the purpose of employment; and every manager shall, on the request of an Inspector, produce a copy of the certificate of birth or an affidavit or a statutory declaration setting forth the age of any boy employed in or about any mine or surface workings. This prohibition shall not affect the employment of any person engaged in the performance of clerical work, or in performing domestic duties in a hotel, boarding-house, or residence in connection with a mine.

(2.) No woman or girl and no boy under the age of seventeen years shall be employed underground at any mine to which this Act applies.

31. (1.) No person, unless he is a male of at least twenty-one years of age, shall have charge of or operate any engine, windlass,

21S


medical eertincate.

Manager mar u k

Persons who mar not be employed ia certain capacities.

or gin, or any part of the machinery, ropes, chains, or tackle connected therewith, used for conveying persons in a mine: Provided that where an engine, windlass, or gin, or any part of the machinery, ropes, or tackle connected therewith, is used solely for moving material in a mine, the same may be in charge of or operated by a male person not under the age of seventeen years.

(2.) No person shall be in charge of an engine, windlass, or HoUn>s tohou gin, or of any part of the machinery, ropes, chains, or tackle connected therewith, used for conveying persons in a mine unless he is possessed of a certificate from a duly qualified medical practitioner stating that he is mentally and physically fitted to perform his duty, and he shall obtain a renewal of such certificate once in every twelve months.

(3.) Notwithstanding the provisions of subsecMon (2), any person who has suflfered from an accident or illness that in the J^SSied*" opinion of the manager might impair his efficiency shall obtain a medical certificate according to the provisions of subsection (2) before returning to work.

(4.) No person shall be appointed to a position of trust or responsibility in which, through ignorance, incompetence, carelessness, or inability to understand English, he might endanger the life or limb of any person employed in or about the mine; namely, as banksman, onsetter, signalman, brakeman, switchman, boiler fireman, hoistman, trip-rider, or as windlassman.

Wages.

32. No person shall pay wages to a person employed in or wace»mu*taotbe about a mine at or within any public-house, beer-parlour, or other " 1- ln CCTUm ptoce*" house of entertainment, or an office, garden , or place be longing or contiguous thereto or occupied therewith .

33. Where the amount of wages paid to any person lawfully Payment of min.™ employed in a mine depends on the quantity of coal gotten by BJttenlfhto'co* him, such person, unless the mine is exempted by the Minister, shall be paid according to the weight of the coal gotten by him, and such coal, before screening, shall be truly weighed accordingly: Provided that nothing herein contained shall preclude the owner, agent, or manager of the mine from agreeing with any person or persons employed in the mine that deductions shall be made in respect of stones or materials other than coal contracted to be gotten that are sent out of the mine with the coal contracted to be gotten, such deductions being determined by the banksman or weigher and checkweigher (if there is one), or, in case of difference, by a third party to be mutually agreed on by the owner, agent, or manager of the mine on the one hand and the persons employed in the mine on the other.

219

CRAP. 5 4 MINES REGULATION, COAL. 12 GEO. 6

tag payment by wdchL

34. Where it is proved to the satisfaction of the Minister by the parties interested that, by reason of any exigencies existing in the cafie of any mine or class of mines to which section 33 applies, it is requisite or expedient that the persons employed in such mine or class'of mines should not be paid by the weight of the coal gotten by them, or that the beginning of such payment by weight should be postponed, the Minister may, if he thinks fit, by order, exempt such mine or class of mines from section 33, either without condition or during the time and upon the conditions specified in the order, or postpone in such mine or class of mines the beginning of such payment by weight, and may from time to time revoke or alter any such order.

Cbeckweichem be appointed.

Elections of abeekweiffben.

35. (1.) The persons who are employed in a mine and are paid according to the weight of the coal gotten by them, at their own cost, may station a person (in this Act referred to as a " checkweigher ") at the place appointed for the weighing of the coal in order to take an account of the weight thereof on bahalf of the persons by whom he is so stationed. The checkweigher may be appointed by the aforesaid persons employed from time to time in the mine. Where the aforesaid persons determine to appoint a checkweigher, the following procedure shall be adopted for the nomination of candidates and election of checkweigher:—

(a.) Any person employed in the mine and paid according to the weight of coal gotten shall have the privilege of nominating a candidate, and all names of candidates so nominated shall appear on the ballot-paper :

(6.) Election shall be by secret ballot at the pit-head or place to be agreed upon by the majority of the persons employed in the mine who are paid by the weight of coal gotten by them:

(c.) In the election, where one checkweigher is required the candidate receiving the highest number of votes shall be elected, and where two checkweighers are required the two receiving the highest number of votes shall be elected. In the event of a substitute being required through absence of the checkweigher due to sickness or any other cause, the defeated candidate receiving the highest number of votes shall automatically become acting-checkweigher. In the event of the defeated

J candidate receiving the highest number of votes not being able to act as checkweigher, the defeated candidates will automatically become acting-checkweighers in turn according to the number of votes received:

(<£.) No person shall interfere with the nomination of candidates or obstruct the election of a checkweigher.

820

«r 1948 MINES REGULATION, COAL. CHAP. 54

(2.) The checkweigher shall have every facility afforded to him to take a correct account of the weighing for the persons by whom he is stationed, and proper facilities shall be afforded to the checkweigher as required by this section.

36, The checkweigher shall not be authorized in any way to Limit of check-impede or interrupt the working of the mine or to interfere with w*i*ha'*pmm-the weighing, but shall be authorized only to take such account as aforesaid, and the absence of the checkweigher shall not be a reason for interrupting or delaying the weighing.

37. If the owner, agent, or manager of a mine desires removal of a checkweigher on the ground that he has impeded or interrupted the working of the mine or interfered with the weighing, or has otherwise misconducted himself, he may complain to any Court of summary jurisdiction; and if on the hearing of the case the Court is of opinion that sufficient ground is shown by the owner, agent, or manager to justify the removal of the checkweigher, a summary order for his removal shall be made and the checkweigher shall thereupon be removed, but without prejudice to the stationing of another checkweigher in his place.

t h e Application for the m m l of • cbeckweig her

38. Proceedings for the removal of a checkweigher shall be proceeding» for deemed to be a matter on which two Justices of the Peace have heckmfeoer. authority by law to make an order in a summary manner, and the Court may in every case make such order as to the costs of the proceedings as it thinks just.

39. If in pursuance of any order of exemption made by the Minister the persons employed in the mine are paid by the measure or gauge of the material gotten by them, the provisions of sections 35, 36, 37, and 38 shall apply in like manner as if the term " weighing" included measuring and gauging, and the terms relating to weighing shall be construed accordingly.

Measuring and gauging.

40. Where the coal-miners employed in a mine have engaged a ph"£*°}0

h,w

checkweigher, and the majority of such coal-miners have made a c " wc

request in writing to the owner, agent, or manager that the wages of the checkweigher be paid direct from the office of the mine, the owner, agent, or manager shall withhold from the wages due the coal-miners aforesaid a pro rata amount sufficient from time to time to meet the wages due the checkweigher, and shall pay the same to him in like manner as the wages of the coal-miners are paid.

41 . Any person employed in or about a mine may by order in paymmtoi ho.Piui writing signed by him request the owner, agent, or manager of *" olb•r'0",•

221


the mine to apply the whole or any part of the moneys due to the person so employed to the payment of any amount payable by him to any other person for medical and hospital dues, sickness and accident fund, or union dues; and the owner, agent, or manager shall from the moneys so due make the payment as requested by the order, but such order shall be effective only for the amounts specified therein.

Hours of Employment.

Boon at employment undercrotrad-

Kxccptiona «her* more than two ihifn ore worked.

Exception! in eate of accident or emergency.

farther exception».

Limit of daily employment above ground.

42. (1.) No person employed in or about a mine shall remain underground for the purpose of employment, or for any other purpose except as hereinafter provided, for a longer period than eight hours from bank to bank during any period of twenty-four consecutive hours. Where more than two shifts are worked, the onsetter, bottomer or eager, pumpmen, stablemen, and engineers in charge of constantly running machinery other than motors and machinery directly used for the mining, drilling, or getting of coal at the face, the fireboss or the shiftboss in charge of the mine or shift, may be relieved at' the place of duty; but in no case shall such person remain underground for a longer period than eight hours and thirty minutes from bank to bank in any one period of twenty-four consecutive hours.

(2.) Nothing in this section shall be construed as prohibiting extra hours of employment underground for such person when necessitated by a weekly change of shift where more than two shifts are worked as aforesaid.

(3.) Nothing in this section shall apply where any miner, mine labourer, or underground worker has been employed or detained underground for a longer period than eight hours from bank to bank in any twenty-four hours owing to the occurrence of an accident to the mine, or in endeavouring to save or protect human life, or owing to such accident to save property, or for dealing with any emergency in order to avoid serious interference with the ordinary work of the mine, nor prohibit the manager or overman from entering a mine at any time and remaining therein in the necessary discharge of his duties.

(4.) No contravention of the foregoing provisions shall be deemed to take place in the case of a pumpman or engineer in charge of constantly running machinery who is underground for the purpose of dealing with an emergency that requires immediate attention and that, if - neglected, would necessitate the closing of the mine.

(5.) No person shall be employed above ground at or about the mine for a longer period than eight hours in any period of twenty-four consecutive hours: Provided that nothing in this subsection shall apply to persons employed in the office, boarding-


house, or bunk-house of a mine or where any person has been employed or detained for a longer period than eight hours in any twenty-: our hours owing to the occurrence of an accident in, at, or about the mine, or in endeavouring to save or protect human life, or owing to such accident to save property.

(6.) For the purpose of this section, an Inspector shall have inspection. access at all reasonable times to the time-book or other record of persons employed.

PART V.

OUTLETS, WATER-COVERED COAL AREAS, AND DIVISION OP MINES.

Outlets.

43 . The owner, agent, or manager of a mine shall not employ Number or outku any person in the mine, or permit any person to be therein for r*,n,red-the purpose of employment, unless there are in communication with every seam for the time being worked in the mine at least two outlets separated by natural strata of not less than seventy-five feet in breadth, by which outlets distinct means of ingress or egress are available to the persons employed in the seam or seams, whether the two outlets belong to the same mine or one or more of them belong to another mine, and unless there is a communication not less than five feet wide and five feet high between the two outlets: Provided that such separation shall not be deemed incomplete by reason only that openings through the strata between the two outlets have been made for temporary purposes of ventilation, drainage, or otherwise; or in the case of mines where inflammable gas has not been found within the preceding twelve months, for the same purposes, although not temporary.

44. Proper apparatus for raising and lowering persons and Hoi.tin« apparatus for their ingress or egress at each such outlet where necessary to ^PTOVtdei-shall be kept on the works belonging to the mine; and such apparatus, if not in actual use at the outlet, shall be constantly available for use.

45 . Where two or more outlets are required pursuant to separate intake an<t section 43, no mine or any portion thereof shall be ventilated by rrtu"ltob« »«"-»«*• a separate intake and return airway within the area of any one outlet or permanent opening, or maintained by any midwall, air-pipe, or any other separate division within such outlet, but separate outlets separated by not less than seventy-five feet of natural strata shall be used for the intake and return airways respectively.

228


AfRcmentsindom- 46. No person shall be precluded by any agreement from doing SSSiSS»™ctodto* a u c n acta ** way De necessary for providing a second outlet to a

mine where a second outlet is required by this Act, or be liable under any contract to any penalty or forfeiture for doing such acts as may be necessary in order to comply with the provisions of this Act with respect to outlets.

Exemption.. 4 7 . The provisions of sections 43 and 45 with respect to outlets shall not apply in the following cases, that is to s a y : —

(a.) In the case either of opening a new mine for the purpose of searching for coal or proving the mine or of any working for the purpose of making a communication between two or more outlets, so long as not more than twenty persons are employed underground at any one time in the whole of the different seams in connection with each outlet in such new mine or such working:

(6.) In the case of any proved mine, so long as i t is exempted in writing by the Chief Inspector on the ground either:—

(i.) That the quantity of coal proved is not sufficient to repay the outlay that would be occasioned by the sinking or making of a second outlet; or

(ii.) That the workings in a seam cf a mine have reached the boundary of the property or other extremity of the coalfield of which the seam is a part, and that i t is expedient to work away the pillars already formed in course of the ordinary working, notwithstanding that one of the outlets may be cut off by so working away the pillars of the seam;

and so long as there are not employed underground at any one time in the whole of the different seams in connection with the outlet in any such mine more than twenty persons, or (if the mine is not a mine with inflammable gas) than such larger number of persons as may for the time being be allowed by the Chief Inspector. The Chief Inspector may order that a borehole shall be provided in connection with such workings as a measure of safety:

(c.) In the case of any mine one of the outlets of which has become, by reason of an accident, unavailable for the use of the persons employed in the mine, so long as such mine is exempted in writ ing by the Chief Inspector and the conditions on which the exemption is granted are observed.

224

1948 MINES BEGULATTON, COAL. CHAP. 54

48. Before commencing to open or develop a mine, the owner, pupated method agent, or lessee shall submit to the Chief Inspector a plan of the !£?"»* * tobe

system under which it is proposed to work the mine, and no mining operations in connection therewith shall be commenced until the system so proposed has received the written approval of the Chief Inspector, and no change in the system so approved or departure therefrom shall be made without the written consent of the Chief Inspector.

Water-covered Coal Areas.

4 9 . No submarine seam of coal or stratified deposit thereof Development shall be mined under less cover than one hundred and eighty feet watei-covered are»», of solid measures: Provided that the owner, agent, or lessee of any submarine coal area may drive passage-ways to win the coal to be mined under less cover than one hundred and eighty feet, but not less than one hundred feet of solid measures unless the condition of the strata overlying such proposed passage-ways warrants the Chief Inspector permitting a lesser cover than one hundred feet of solid measures; and provided further that nothing herein contained shall prevent any owner, agent, or iessce from winning water-covered coal areas, where other means of access thereto are not available, by caisson, shaft, or concrete revetment, or by any safe method whereby any shaft or opening may be safely and securely sunk or driven and maintained through such water-covered areas, but any coal or stratified deposit so reached shall be mined and operated subject to the provisions of this section.

50. The mine-plan of all submarine coal areas shall show the pi«n,ofmine»in depth of solid cover at specified distances along the lines of all w* r*°vcr *"**' main roads and around the working-faces, and soundings shall also be taken at reasonable distances and recorded on such plan; and it shall be incumbent upon the owner, agent, or manager to furnish to the Chief Inspector or to the Inspector for the district, when required and if reasonably practicable, the depth of any marine or alluvial deposit of sand, mud, silt, gravel, or drift that may overlie any submarine coal area in which mining operations are carried on, or are intended to be carried on, by the owner, agent, lessee, or manager.

Division of Mine in Parts.

5 1 . Where two or more parts of a mine are worked separately, inunetortob» the owner or agent of the mine may give notice in writinf to ^ that effect to the Inspector, and thereupon each such part shall, for all the purposes of this Act, be deemed to be a separate mine.

225

^"^ynv ** r - nof^

CHAP. 54 MIKES REGULATION, COAL. 12 GEO. 6

Chief Inspector nay objart to dlrUon of mine Into parts.

52. If the Chief Inspector of Mines is of opinion that the division of a mine, in pursuance of section 61, tends to lead to the evasion of the provisions of this Act, or otherwise to prevent the carrying of this Act into effect, he may object to the division by notice served on the owner or agent of the mine; and the owner or agent, if he declines to acquiesce in the objection, may, within twenty days after the receipt of the notice, send a notice to the Inspector stating that he declines so to acquiesce, and thereupon the matter shall be determined by arbitration in the manner provided by this Act; and the date of the receipt of the last-mentioned notice shall be deemed to be the date of the reference.

PART VI.

PROTECTION OF ABANDONED MINES, PLANS OP MINES.

Fencing ot abandoned mines

Power of Inspector» to prevent public damage.

When mine deemed to be abandoned.

Protection of Abandoned Mines.

53. (1.) When a mine has been abandoned or the working thereof has been discontinued, irrespective of the time at which such abandonment or discontinuance took place, it shall be incumbent upon the owner, his agent, or the custodian of the property to cause the top of the shaft, or shafts, and the entrances to all slopes or adits belonging to that mine to be, and to be kept, securely fenced in order to prevent unauthorized entry and possible accidents, and the following provisions shall apply:—

(o.) The owner of the mine shall be primarily liable for carrying into effect the provisions of this section, and shall pay all costs incident to such fencing if incurred by any person other than himself; and

(&.) Nothing in this section shall be construed as exempting any person from liability that may be incurred under the provisions of any other Statute.

(2.) The Chief Inspector or an Inspector shall have the power to order any mining operation to be carried on so as not to interfere with any public work, highway, railway, or other mining property, or endanger the safety of the public, and may cause an^ workings that do- so to be filled up or satisfactorily guarded.

(8.) For the purpose of this section, a mine that has not been operated for an uninterrupted period of twelve months shall be deemed to have been abandoned, unless the roadways and workings thereof have been kept in accessible condition.

226


54. Any shaft, slope, adit, or dangerous excavation, belonging unfenced mine to an abandoned mine, that is not fenced as required by section 53 ^* a nu "ne"' shall be deemed to be a nuisance if situated either in unenclosed land or within fifty yards of a highway, road, footpath, or place of public resort.

55. (1.) Where it is proposed to abandon a mine, or part of a inBP«tor to be mine, the owner, agent, manager, or lessee shall give notice in JSSSnmS™P0,ed

writing of the proposed abandonment to the Inspector while the workings of the mine or part thereof are still accessible, and shall see that the workings of the mine or part of the mine to be abandoned are surveyed and shown on the plan before the abandonment occurs.

(2.) Within six weeks after the abandonment, the owner, pi.„,0f abandoned agent, manager, or lessee shall send to the Chief Inspector an m%H£>(ch™"vei

accurate plan, on a scale of not more than one hundred feet to lnspector

one inch, or on such other scale as the plan used at the mine at the time of abandonment is constructed, showing the boundaries of the workings of the mine up to the time of the abandonment, with a view of its being preserved under care of the Chief Inspector; but no person except an Inspector or authorized official under this Act shall be entitled, without the consent of the owner of the mine, to see the plan, except when, in the opinion of the Chief Inspector, it is necessary in the interests of safety to show the plan to the owner of an adjoining property or of surface rights.

(3.) Any Inspector or other authorized official of the Depart- official, of Department of Mines, for the purpose of guarding the safety of mining e^tee*e?5itrir

operations in adjacent properties, or of surface rights, may take pl<""' from such deposited plan such measurements or other information as may be necessary therefor, and make use of them in the discharge of his duties.

Plans of Mines.

56. (1.) The owner, agent, or manager of each mine shall keep Accurate plan in the office at the mine an accurate plan of the workings of the tolM,k,ipt-mine, made of durable material, drawn to a scale of not more than one hundred feet to one inch, showing the working up to a date not more than three months previous, and the general direction and rate of dip of the strata, together with a section of the strata sunk through, or, if that is not reasonably practicable, a statement of the depth of the shaft, with a section of the seam; and on request of an Inspector at any time, he shall produce to him at the office at the mine such plan and section, and shall also on the like request mark on such plan and section the then state of the workings of the mine; and the Inspector shall be entitled to examine the plan and section, and for official

227

-=>£ TC%"^S^f3^Tf ^ ? " ^

CflAP. 54 MINES REGULATION, COAL. 12 GEO. 6

Surveying mod draughting to be done by qualified mine surveyor.

Case* of imperfect or inaccurate plans.

Plans of mines to be posted

purposes only to make a copy of any part thereof. The Inspector may require that a blue-print showing the progress of the workings be submitted to him- every three months. •

(2.) The surveying of a mine and the preparation of the mine-plan from the surveys shall be done only by a person holding a certificate of competency as a mine surveyor under this Act, and on each plan required to be kept in accordance with the provisions of this Act shall be inserted the date on which the last survey was made and the signature of the person making the survey.

(3.) No owner, agent, or manager of a mine shall fail to keep or wilfully refuse to produce or allow to be examined by an Inspector the plan and section required by subsection (1), or wilfully withhold any portion of any plan or conceal any part of the workings of his mine, or produce an imperfect or inaccurate plan, and, further,"the Inspector, by notice in writing, may require the owner, agent, or manager to cause an accurate plan and section, such as is prescribed by subsection (1), to be made within a reasonable time, at the expense of the owner of the mine, on a scale of not more than one hundred feet to one inch, or on the scale of the plan then used at the mine.

57. The owner, agent, or manager of each mine shall cause to be posted in some conspicuous place at or near the main openings of the mine used for ingress or egress a fairly accurate plan of such portions of the mine as are in active operation, or may in any circumstances be used as a means of egress from any portion in active operation; and all roads used as a means of egress shall be conspicuously marked on the plan.

Returns "f special Tact* sent to Minister.

Inspector to be notified of certain occurrences.

PART VII.

RETURNS AND NOTICES.

Returns.

58. The owner, agent, or manager of every mine shall send to the Chief Inspector a return of any special facts relating to the safety of the mine whenever required.

Notices. i

59. (1.) 'Where in or about any mine, whether above or under ground, either:—

(a.) Loss of life or personal injury to a person employed in or about the mine occurs by reason of an explosion of gas, powder, or of a steam-boiler; or

228


(b.) Loss of life or serious personal injury to a person employed in or about the mine occurs by reason of any accident whatever;

or where in or about a mine an occurrence within any of the following classes takes place, whether personal injury or disablement is caused or not:—

(c.) All cases of ignition of gas or dust underground, other than ignitions of gas in a safety-lamp:

(d.) All cases of fire underground: (e.) AD cases of breakage of ropes, chains, or other gear by

which men are lowered or raised: (/.) All cases of overwinding cages: (g.) All cases of inrush of water from old workings; or (ft.) Any other dangerous occurrences,—

the owner, agent, or manager of the mine shall forthwith communicate information thereof to the Chief Inspector or to the Inspector for the district by telephone, telegraph, or messenger, if such means of communication are reasonably available, and in addition, within twenty-four hours next after the accident, shall send notice in writing thereof, and of the loss of life or personal injury occasioned thereby, to the Inspector of the district, and shall specify in the notice the character of the accident and the number of persons killed and injured respectively.

(2.) Where loss of life or serious personal injury has occurred siteof accident to in a mine, the place of the accident shall remain undisturbed until rcmam

the Inspector has examined it or has notified the manager that operations can be resumed at that place: Provided that a compliance with this subsection shall not be required if it would seriously interfere with the general operation of the mine, and if the place of accident has been examined by an employee, being a coal-miner or a member of the miners' or gas committee (if any), on behalf of the miners.

(3.) Without limiting or otherwise affecting the rights of the inspector or manner persons employed in the mine, as otherwise provided for in this ™y*workmanmpan'e

Act, in all cases where an inspection is made by the mine management or the Inspector following an unusual occurrence or fatal accident, as defined in subsections (1) and (2), the persons employed in the mine may select one of their number to accompany the mine manager or the Inspector when making such inspection.

60. Where personal injury, of which notice is required to be Notic.ofde.thof porton to be given

sent under section 59, results in the death of the person injured, to inspector. notice in writing of the death shall be mailed to the Chief Inspector and to the Inspector, respectively, within twenty-four hours after the death comes to the knowledge of the owner, agent, or manager.

229

http://Notic.ofde.thof


CkW Inspector to be """ lofr • "

of operation*.

How notices are to be sent to Inspector.

01. In any of the following cases:— (a.) When the sinking of a new shaft or the driving of a

new slope or adit is begun at a mine: (b.) When operations are suspended at a mine, and when a

shaft, slope, or adit is abandoned or the use thereof is discontinued :

(c.) When work is resumed at a mine after abandonment or discontinuance extending over a period of two months or more:

(d.) Where a change occurs in the name of, or in the name of the owner, agent, or manager of, a mine, or in the officers of a corporation that is the owner of a mine,—

the owner, agent, or manager of the mine shall, after such commencement, abandonment, discontinuance, recommencement, or change, forthwith give notice thereof to the Chief Inspector.

62. All notices under this Act shall be written in ink or printed, or partly in ink writing and partly in print, and all notices and documents required by this Act to be tx-rved or sent by or to an Inspector may be either delivered personally or served and sent by post by a prepaid letter, and if served or sent by post shall be deemed to have been served and received respectively at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service or sending it shall be sufficient to prove that tne letter containing the notice was properly addressed and mailed.

Provision as to arbitration.

PAST VIII.

ARBITRATION.

63. With respect to arbitrations under this Act, the following provisions shall have effect:—

(a.) The parties to the arbitration are deemed to be the owner, agent, or manager of the mine on the one hand and an Inspector on the other:

(fc.) Each of the parties to the arbitration, within twenty-one days after the date of the reference, may appoint an arbitrator other than himself:

(c.) No person shall act as arbitrator or umpire who is employed in or in the management of or is interested in the mine to which the arbitration relates:

(d.) The appointment of an arbitrator shall be in writing, and notice of the appointment shall be forthwith sent to the other party to the arbitration, and this appointment shall not be revoked without the consent of the other party:

230

MINES REGULATION, COAL. CHAP. 5 4

(e.) The death, removal, or other change in any of the parties to the arbitration shall not affect the proceedings under this section:

(/.) If within the said twenty-one days either of the parties fails to appoint an arbitrator, the arbitrator appointed by the other party may proceed to hear and determine the matter in difference, and in such case the award of the single arbitrator shall be final:

(g.) If before an award has been made any arbitrator appointed by either party dies or becomes incapable to act, or for fourteen days refuses or neglects to act, the party by whom such arbitrator was appointed may appoint another person to act in his place; and if he fails to do so within fourteen days after notice in writing from the other party for that purpose, the remaining arbitrator may proceed to hear and determine the matters in difference, and in such case the award of such single arbitrator shall be final:

(A.) In either of the foregoing cases where an arbitrator is empowered to act singly, upon one of the parties failing to appoint, the party so failing may, before the single arbitrator has actually proceeded in the arbitration, appoint an arbitrator who shall then act as if no failure had been made:

(»".) If the arbitrators fail to make their award within twenty-one days after the day on which the last of them was appointed, or within such extended time (if any) as may have been appointed for that purpose by both arbitrators under their hands, the matter in difference shall be determined by the umpire appointed as hereinafter mentioned:

(/.) The arbitrators, before they enter upon the matters referred to them, shall ? ppoint by writing under their hands an umpire to decide on points on which they may differ:

(I:) If the umpire dies or becomes incapable to act before he has made his award, or refuses to make his award within a reasonable time after the matter has been brought within his cognizance, the persons or person who appointed the umpire shall forthwith appoint another umpire in his place:

(I.) If the arbitrators refuse or fail or for seven days after the request of either party neglect to appoint an umpire, then on the application of either party an umpire, other than an officer of the Department of Mines, shall be appointed by the Minister:

281


IK

b

(m.) The decision of every umpire on the matters referred to him shall be.final:

(n.) If a single arbitrator fails to make his award within twenty-one days after the day on which he was appointed, the party who appointed him may appoint another arbitrator to act in his place:

(o.) The arbitrators and their umpire, or any of them, may examine the parties and their witnesses on oath; they may also consult any counsel, engineer, or scientific person whom they may think it expedient to consult:

(p.) The payment (if any) to be made to an arbitrator or umpire for his services shall be fixed by the Minister, and, together with the costs of the arbitration and award, shall be paid by the parties, or one of them, according as the award directs. Such costs may be taxed by the Registrar of the Supreme Court, who, on the written application of either of the parties, shall ascertain and certify the proper amount of such costs. The amount (if any) payable by the Minister shall be paid as part of the expenses of Inspectors under this Act. The amount (if any) payable by the owner, agent, or manager may, in the event of non-payment, be recovered in the same manner as pena'ties under this Act:

(q.) Every person who is appointed an arbitrator under this section shall be a practical mining engineer, or a person accustomed to the working of mines; but where an award has been made under this section, the arbitrator or umpire who made the same shall be deemed to have been duly qualified as provided by this section.

;•; PART IX.

INQUESTS.

prr.Ti.ton. M to 6 4 . With respect to Coroner's inquests on the bodies of Coroner*' Inqnwt* on , , ,

death from •eeidenu persons whose deaths may have been caused by explosions or ' * " * accidents in mines, the following provisions shall have effect:—

(a.) Where a Coroner holds an inquest upon the body of a person whose death may have been caused by any explosion or accident, of which notice is required by this Act to be gn en to the Inspector for the district, the Coroner shall adjourn the inquest unless the Inspector or a person on behalf of the Minister is present to watch the proceedings:

232

http://prr.Ti.ton

MINKS REGULATION, COAL. CHAP. 54

(6.) The Coroner, at least four days before holding an adjourned inquest, shall send to the Inspector for the district notice in writing of the time and place of holding the adjourned inquest:

(c.) The Coroner, before the adjournment, may take evidence to identify the body, and may order the interment thereof:

(d.) If an explosion or accident has not occasioned the death of more than one person, and the Coroner has sent to the Inspector for the district notice of the time and place of holding the inquest not less than four days before the time of holding the same, it shall not be imperative on him to adjourn the inquest in pursuance of this section, if the majority of the jury think it unnecessary so to adjourn:

(e.) An Inspector or any other directly interested person or any person nominated in writing by sueh directly interested person shall be at liberty at any such inquest to examine any witness, subjert nevertheless to the order of the Coroner:

(/.) Where evidence is given at an inquest at which an Inspector is not present of any neglect as having caused or contributed to the explosion or accident, or of any defect in or about the mine appearing to the Coroner or jury to require a remedy, the Coroner shall send to the Inspector for the district notice in writing of the neglect or default:

(g.) Any person having a personal interest in the management of the mine in which the explosion or accident occurred, and any person injured by the explosion or accident, or any relative of such person, or any official of a miners' union shall not be qualified to serve on the jury empanelled on the inquest; and it shall be the duty of the constable or other officer not to summon any person disqualified under this provision, and it shall be the duty of the Coroner not to allow any such person to be sworn or sit on the jury:

(h.) On receipt of information that an inquest is to be held in accordance with thjs section, the Inspector shall cause a notice, giving the time and place of holding the inquest, to be posted in a conspicuous place at the mine:

(t.) Every owner, agent, or manager of a mine shall, on the request of an Inspector, furnish such a plan as will show the locality of the accident and as may be required bv the Inspector for the use of the Coroner and jury.

2S8

-y~ - * . v « r

CHAP. 54 MINKS REGULATION, COAL. 12 GEO. 6

PART X.

GENERAL RULES, REGULATIONS, AND SPECIAL RULES.

GENERAL RULES.

Appdctioo of ruk*. 05- The following general rules shall apply to and be observed in every mine in the Province:—

Adequate supply of pure air to be furnished.

Position of main fan.

Auxiliary fan permissible underground.

Prohibition of compressed-air jet for certain purpose*.

Men to be withdrawn if fan stopped.

Mcaua of reversing air to be provided

Minimum volume of air to be supplied.

Ventilating districts.

Ventilation.

RULE 1. (a.) Every mine while being worked shall be thoroughly ventilated and furnished continuously with an adequate supply of pure air to dilute and render harmless noxious gases to the intent that the working-places of the shafts, levels, stables, and workings of such mine, and the underground travelling-roads to and from such working-places, shall be in a fit state for working and passing therein.

(o.) Where the ventilation is produced by a mechanical contrivance, the apparatus shall be placed in such position and under such conditions as will tend to ensure its being uninjured by an explosion.

(c.) Nothing in this rule contained shall prevent the installation of any auxiliary apparatus underground for the purpose of supplementing or augmenting the main system of ventilation in any mine.

(d.) The use of a compressed-air jtt for removing accumulations of gas forcibly is prohibited.

(e.) If the main ventilating-fan at any mine is stopped, other than through momentary interruption of the power-supply, all persons shall be immediately withdrawn from the mine, and no person shall be readmitted to the mine, except for the purposes of examining or repairing, until the fan is again in operation, or the ventilation is adequately maintained by some other artificial means, and the underground workings have been examined by a person holding a first-, second-, or third-class certificate under the " Coal-mines Regulation Act," and reported in a book by such person to be safe.

(/.) Where a mechanical contrivance for ventilation is used, there shall bo provided and maintained, ready to be put into immediate operation, adequate means of reversing the air-current.

RULE 2. An adequate supply of pure air shall mean not less than two hundred cubic feet of air per minute for each person or animal employed in a mine, and as much more as the Inspector may direct, and the air shall sweep the face of each working-place.

RULE S. (a.) Every mine shall be divided into ventilating districts, in each one of which not more than seventy men shall be employed at any one time, and each district shall be supplied with a separate current of fresh air.

284


(b.) Air measurements to determine the quantity of air circulating shall be taken within three hundred feet from the first normal working-face in each split intake, and, if the Inspector so decides, at the last working-place on the return end of the split.

RULE 4. All intake air shall travel free from all stagnant water, stables, and places set apart for sanitary purposes, and, where practicable, also free from old workings.

RULE 5. In all blind ends the air shall be conducted to the face of the workings by means of brattice, air-pipes, or vent-tubes to within four yards of the face. The brattice-cloth used shall be fire-resistant

RULE 6. On all main roads where a door is required, the Inspector may order that two doors be placed, so that while cars are being taken through the one, the other may remain closed.

RULE 7. All doors used in assisting or conducting the ventilation shall be hung and adjusted so that they will close automatically.

RULE 8. All worked-out or abandoned parts of a mine in operation shall be kept free of dangerous accumulation of gases or water as far as may be feasible. If it is found impracticable to do so, the Inspector must be notified immediately.

RULE 9. All stoppings between intake and return airways shall be of substantial construction and built in such a manner as to prevent any undue leakage of air. The space between the faces of all stoppings and the airways shall be kept free of obstruction.

RULE 10. A barometer and thermometer shall be placed in a conspicuous position at the entrance to the mine, and a water-gauge, to show the ventilating-pressure, shall be placed either in the fan-house or underground between the intake and return airways.

RULE 11. If the Inspector finds that the cross-sectional area of the air-intake is so small that, in order to obtain the requisite quantity of air for ventilation, a velocity of air-current is or must be created such as to raise and keep in suspension an undue quantity of dust, or if he finds that the dust is carried in to the workings so as to constitute a source of danger, or if he considers that the cars, motors, or other appliances passing along such intake airway materially interfere with the free passage and efficiency of the air-current, he may give notice in writing thereof to the owner, agent, or manager of the mine, as provided for in section 7.

Inspection of Workings and Machinery.

RULE 12, (a.) In every mine a competent person who holds a in.poction of work-certificate of competency as flreboss, and who shall be appointed '»«• "•'«"•• "ol"h1"-

235

Intake air to be unconUmin&ted.

Ventilation of blind end».

V«*n tila ting-doors.

Doors to close automatically.

Abandoned working* to be free of dangerous gases or water.

Stopping* between airway*.

Barometer, thermometer, and water-gauge to be provided.

Case of air supplied at too high a velocity.


Report* of firebosaea.

Number of inspections each day.

Weekly inspections.

Inspector may order interval between shifts.

Gas-testers to be provided.

Site of district not tn prevent effective inspections.

for the purpose, shall, within three hours before the beginning of each shift or, if the Inspector considers it necessary and. so directs, within a shorter period of time, inspect with a locked-flame safety-lamp that part of the mine and the roadways leading thereto through which persons have to pass, and shall make a true report of the condition thereof, and no workman shall enter that part of the mine until it and the roadways leading thereto have been stated to be safe by the person so inspecting.

(b.) Every such report shall be recorded without delay in a book which shall be kept at the mine for the purpose, and shall be signed by the person making the same; and a true copy thereof shall be forthwith posted at the fireboss-station.

(c.) A similar inspection of all parts of the mine in which men are working shall be made at least twice in the course of each eight-hour shift, once in the first half and once in the second half of the shift, and there shall be an interval between inspections of not less than one hour in the case of any working-place.

(d.) At least once in every week a competent person shall, with a locked-flame safety-lamp, examine all air-courses, stoppings, sealings, overcasts, wastes, and abandoned workings where accessible, and shall in like manner make a true report and post a copy thereof as set forth in the preceding part of this rule.

(e.) In making such inspections, the fireboss shall use a flame safety-lamp of a pattern approved by the Chief Inspector.

RULE IS. If, in the opinion of the Inspector, owing to the quantity of inflammable gas given off or the quantity of dust created by working, or for any other reason, it is unsafe to work two shifts in close succession in the rooms or stalls, he may require that there be such interval as he thinks necessary between the finishing of work by one shift and the beginning of work by the next, and he shall give notice in writing thereof to the agent, owner, or manager of the mine in the form and manner set out in section 7.

RULE 14. It shall be incumbent on the owner, agent, or manager to provide a suitable gas tester or testers, of a type or pattern to be approved by the Chief Inspector, to enable the fireboss to determine lower percentages of methane gas in the atmosphere of his district than those that can be detected by the ordinary flame safety-lamp.

RULE 15. (a.) The district of a mine assigned to any fireboss shall not bfc of such size as to prevent him from carrying out his inspection duties in a painstaking manner.

(6.) His time shall be devoted primarily to the discharge of these duties, and any additional work assigned to or undertaken by him shall not be of such nature as to interfere with the thoroughness of his inspections.

286


(c.) The foregoing provision shall not prevent the fireboss from either firing shots or measuring the work done by persons employed in his district, and, if the mine is one in which the total number of persons employed underground at one time does not exceed thirty, it shall not be deemed to preclude his discharging other additional duties.

(d.) Where a question arises as to whether any additional work is of such nature as to prevent a fireboss from carrying out his inspection duties in a thorough manner or not, the Inspector shall determine the matter, and his decision shall be final.

RULE 16. A station shall be located at the entrance to the suuon» mine, or to different parts of the mine, as the case may require, miSl SfraHc?at

and a workman shall not pass beyond any such station until the mine or part of the mine beyond the same has been inspected and stated to be safe by the person so inspecting.

RULE 17. (c.) If at any time it is found by the person for the Men to be withdrawn time being in charge of the mine or any part thereof that by ,n cas*of dl,neer-reason of noxious gases prevailing in such mine or such part of it, or of any cause whatever, the mine or the said part is dangerous, every workman shall be withdrawn from the mine or such part thereof so found dangerous, and a competent person, who shall be appointed for the purpose, shall inspect the mine or the part thereof so found dangerous, and, if the danger arises from inflammable gas, shall inspect the same with a locked-flame safety-lamp, and in every case shall make a true report of the condition of the mine or part thereof, and except in so far as may be necessary for inquiring into the cause of danger, for its removal, or for exploration, workmen shall not be readmitted into the mine, or the part thereof that was found dangerous, until it is stated by the report that the danger has been eliminated.

(6.) Every such report shall be recorded in a book to be kept withdraw»! to be at the mine for the purpose, and shall be signed by the person rccorded-making the report.

(c.) For the purpose of this rule, a place shall be deemed to when place u be dangerous if the percentage of inflammable gas in the general d*nserous-body of the air in that place is found to be two and one-half per centum or upwards.

(d.) When an accumulation of gas is being removed, the Removal of official in charge shall see that no person or lights of any descrip- BCCumu" °"' ° *"' tion are allowed on the return side of the gas being removed, unless at a sufficient distance away to allow diffusion of the gas to a percentage lower than the withdrawal point to take place before it reaches them.

RULE 18. A competent person who shall be appointed for the in.pection of ma-purpose shall, once at least in every twenty-four hours, examine Mn"y "nd 'h, fu ' the state of the external parts of the machinery and the state of

287

CHAP. 5 4 MINKS REGULATION, COAL. 12 GEO. 6

Inspection of mines on behalf of workmen.

Book» to be kept At office of mine.

How explosive» «re to be taken into the mine.

the head-gear, working-places, levels, planes, ropes, chains, and other works of the mine that are in actual use, and once at least in every week shall examine the state of the shafts by which persons ascend or descend, and the guides or conductors therein, and shall make a true report of the result of the examination; and the report shall be recorded in a book to be kept at the mine for the purpose, and shall be signed by the person who made the report.

RULE 19. (a.) The persons employed in a mine may from time to time appoint one or two of their number to inspect the mine at their own cost, and the persons so appointed shall be allowed, once or oftener in every month, accompanied, if the owner, agent, or manager of the mine thinks fit, by himself or one or more officers of the mine, to go to every part of the mine, and to inspect the shafts, levels, planes, working-places, return airways, ventilating apparatus; old workings, and machinery, and shall be afforded by the owner, agent, and manager, and all persons in the mine, every facility for the purpose of such inspection, and shall make,a true report of the result of the inspection; and the report -shall be recorded in a book to be kept at the mine for the purpose, and shall be signed by the person or persons who made the report.

(6.) If the report states the existence or apprehended existence of any danger, the person making the inspection shall forthwith cause a true copy of the report to be sent to the Inspector for the district.

(c.) Where the miners in a mine fail to appoint one or two of their number to inspect the mine, the Chief Inspector shall select from the men, in alphabetical order where possible, one or two competent miners, who shall comply with the provisions of this rule, and the owner, agent, or manager may withhold from the wages of the underground employees a sufficient sum pro rata to remunerate the persons making the examination.

RULE 20. The books mentioned in these rules, or a copy thereof, shall be kept at the office of the mine, and an Inspector, or any person employed in the mine, may at all reasonable times inspect and take copies of and extracts from any such books.

Explosives and Blasting.

RULE 21. (a.) No explosive shall be:— (i.) Stored in a mine:

(ii.) Taken into a mine except in a case or canister containing not more than four pounds.

(6.) No workman shall have in use or in his possession at one time and in any place more than one such case or canister.

(c.) The Inspector may grant permission in writing for sufficient cases or canisters to be taken into the mine to serve one

288


round of shots in rock-work or rock tunnels, or for the breaking of one machine cut in the case of mechanized long-wall faces at which the blasting is done on a separate shift.

RULE 22. (a.) In charging holes for blasting, only a wooden chsrgHiK.boti.oie. or copper tamping-rod or stemmer shall be used for ramming forblm"t"'K-either explosives or tamping.

(0.) Fine coal or coal-dust or other inflammable substance shall not be used as tamping or stemming; and only clay or other non-inflammable substance shall be used for this purpose, and such material shall be provided by the owner, agent, or manager of the mine.

RULE 23. No explosive shall be forcibly pressed into a hole of Hoi» ot mauffleient insufficient size; and when a hole has been charged, neither the >1IC*n ma res" explosive nor the tamping shall be withdrawn; and no hole shall be bored for a charge at a distance of less than two feet from a hole where the charge has misfired.

RULE 24. With the exception of the explosive charge con- oniyonekindof tained in a detonator, it shall be illegal to use in the same shot TlSXaSk?**in

any two classes, grades, or qualities of explosives. RULE 25. Explosives shall be thawed, if this becomes neces- Thawing or

sary, only on the surface and under such conditions as may be "p,os,ve"-prescribed by the Inspector.

RULE 26. (a.) No explosive shall be taken into or used in a Permitted explosive.. mine unless it has been specially permitted and allowed by the Chief Inspector to be used in such mine.

(6.) The Chief Inspector shall from time to time cause a list of permitted explosives to be published, together with the conditions under which these may be used.

(c.) An agent, owner, or manager desiring to use any explosive not on the permitted list may apply to the Chief Inspector to have that explosive classed as permissible, supplying with his application full particulars as to qualities, strength, and ingredients of the explosive, and, if so requested, any guarantee that the Chief Inspector may require as to the maintenance of a uniform grade of such explosive. The decision of the Chief Inspector shall be final.

RULE 27. The owner, agent, or manager of a mine, upon sample, of explosive. demand of the Inspector, shall deliver to him, free of charge, a L^«tobrmiu<!d to

sample of reasonable size of each or any class of explosive or detonator in use in that mine, or the Inspector shall have the power to take such sample himself from explosives or detonators that he may find in use in such mine, and he may forward such sample to the Chief Inspector to be tested or analysed in any way that may be deemed fair; and should the Chief Inspector find the explosive or detonator to be from any cause dangerous for use in the mine, he may restrict the conditions under which

289

http://chsrgHiK.boti.oie


•A Use of other explosives than permitted explosives.

J

I** 1*1 If

U M of b lMt lns -machlne may b« author i ied

the explosive or detonator may be used, or he may prohibit the use thereof either permanently or until any defect discovered has been remedied to his satisfaction.

RULE 28. (1.) Where the driving of cross-measures tunnels or other solid rock-work is to be undertaken, the use of explosives other than those specially permitted under the provisions of Rule 26 and delay-electric blasting-caps may be authorized by the Chief Inspector at his discretion and under such conditions as he prescribes, upon application made by the mine manager in the following manner:—

(a.) The application, made in duplicate, shall be sent to the Inspector for the district in which the mine is situated, and he, in turn, shall forward a copy of it to the Chief Inspector, with whatever comments he considers necessary:

(6.) The application shall be accompanied by a plan, or plans, with adequate explanatory notes, these showing clearly and with sufficient detail:—

(i.) The point at which the work is to be started, the direction and inclination of the proposed tunnel or roadway, and the nature of the strata that it will penetrate:

(ii.) The location of all neighbouring seams of coal that may be approached or encountered ir *î course of the work:

(iii.) The dimensions of the proposed tunnel or roadway:

(iv.) The direction of the air-current and the volume of air circulating, with complete description of the ancillary ventilating system that it is intended to provide for the proposed work; and

(v.) Such other information as the Inspector deems necessary.

(2.) An authorization granted under the provisions of this rule may be revoked at any time by the Chief Inspector for infringement of its stipulations, or its terms may be altered to meet circumstances unforeseen at the time of its issuance.

(3.) When the tunnel or roadway being driven reaches a point situated twenty-five feet away from a known seam of coal, such authorization shall become void ipso facto, and the work shall proceed thereafter under such conditions as are prescribed by the Inspector.

RULE 29. In the case of solid-rock work in which it is necessary to fire rounds of holes in rotation, such rounds shall be ignited only by means of a blasting-machine of a type and in a condition found satisfactory by the Inspector.

240


RULE 30. In no case shall shotholes be charged or shots fired where the presence of inflammable gas can be detected with a flame safety-lamp burning naphtha.

RULE 31. Except in circumstances in which the provisions charging «nd firing of Rules 28 and 29 are applicable, explosives shall be used of *hotho'e''' underground in coal-mines only in accordance with the following regulations:—

(a.) Immediately before the charging of a shothole, a competent person appointed for the purpose shall see that its position, direction, and length are such as to assure the proper action of the explosive on the material to be dislodged, that it has been thoroughly cleaned, and that it does not intersect any cracks or crevices:

(6.) Before the hole is charged, the competent person supervising the blasting shall examine the area contiguous to it within a radius of seventy-five feet, and shall ascertain that it has been adequately treated for coal-dust, that the ventilation is normal, and that no inflammable gas can be detected with a flame safety-lamp burning naphtha:

(c.) No shot shall be fired except by the said competent person and by means of a blasting-machine or exploder of a type approved by the Chief Inspector:

(d.) After a charge has been fired, the shotlighter shall examine the place, and the men shall not enter again therein until it has been so examined and pronounced safe:

(e.) At any coal-face, or in any room, stall, or roadway, a second hole shall not be charged until such place has been examined by the shotlighter after firing the first shot and by him pronounced safe:

(/.) Notwithstanding the provisions of clause (e), in pillar-work, on inclinations exceeding twenty degrees, the Inspector may authorize the charging of several shotholes and the firing of two shots simultaneously if the proper performance of one is not contingent upon the work to be done by the other:

(g.) Ir case of a shot misfiring, it shall be the duty of the Mitred «hot», s/^tlighter to have the place in which this failure occurred either fenced off or adequately guarded for a period of fifteen minutes after the shot-firing cable has been disconnected from the exploder, and no person shall enter such place until this length of time has elapsed.

241

^-^rgt-^SM-WTSSW* -5W-"*??y

CHAP. 5 4 MINES REGULATION, GOAL. 12 GEO. 6

U M of explosives where outbursts occur.

Detonator»

(6.)

(e.)

(d.)

If

u

I'

RULE 32. Where large volumes of inflammable gas may be given off by the seam unexpectedly, no explosives shall be used in the mine or part of the mine subject to such outbursts, except upon approval in writing of the Chief Inspector, such approval stipulating the conditions under which the use of explosives is thus permitted.

RULE 33. Only electric detonators shall be used underground in any coal-mine to which this Act applies, and the following provisions shall be applicable:—

(a.) The detonators shall be kept under the control of a person appointed in writing by the manager and shall be issued to shotlighters only, except as hereinafter provided: Before being so issued, they shall be short-circuited by twisting the bare ends of the wires together, and they shall remain so short-circuited until the moment at which they are to be connected to the shot-firing cable : Shotlighters shall keep all detonators issued to them in locked cases or boxes, of a pattern approved by the Chief Inspector, until about to be used, and no other explosives or metallic objects shall be placed in the dame case at any time: Should circumstances warrant such a course, the Inspector may grant permission in writing that detonators, in such cases or boxes, be issued to miners, but regularly appointed shotlighters shall be the only persons in the mine allowed to carry or use blasting-machines or exploders.

RULE 34. If the use of explosives is found necessary for the mce^tmethin"Sndc"r purpose of repairs or improvement in a roadway, the atmosphere ceru.n condign» 0^ w j j j c n c a r r j e s a percentage of methane sufficiently high to be

detected with the flame safety-lamp, and this condition cannot be remedied by any practicable means, the Inspector may authorize the use of explosives in that place, prescribing such precautions as he may deem advisable, the blasting being done when all persons other than those actually engaged in firing the shots are out of the mine.

Magazines.

RULE 35. Magazines used for the storage of the main supply of explosives, on the surface, at any colliery to which this Act applies thill meet the following requirements:—

(a.) They shall be erected on well-drained ground, preferably with a northern exposure, and shall be adequately ventilated:

(6.) They shall be of fire-proof construction, either of hollow brick, very lean concrete without large stones or

242

Use of explosives can

Position and construe' tton of magazines


reinforcements, or of framework covered with she^t metal of suitable gauge. Such sheet-metal covering, wherever used, shall be electrically continuous and properly grounded. In all cases the location and style of construction of magazines shall be subject to the approval of the Inspector:

(c.) Unless a natural or artificial mound situated close to the magazine intervenes, the minimum distance separating such magazine from any permanently occupied building shall be in accordance with the British Table of Distances, of which an abstract is set forth in the Third Schedule:

(d.) Where natural surface irregularities, or artificial mounds fulfilling the same requirements, are intervening, this distance may be reduced by one-half:

(e.) Artificial mounds, if constructed, shall be at least as high as the magazine itself, as close to it as circumstances may permit, and at least the upper third of their height shall consist entirely of fine material such as loose soil or sand.

RULE 36. The site occupied by any permanent magazine shall site of magawne be surrounded by a fence sufficient to prevent trespassing. to

RULE 37. A maxima and minima registering thermometer shall Record of umpera-be kept in every magazine used for the storage or distribution ture e ep

of explosives, and the readings thereof shall be recorded daily. RULE 38. Detonators shall be stored in such manner and under storage of

such conditions as meet the approval of the Inspector. RULE 39. In the case of magazines in constant use for the Possible exemption in

storage of explosives previous to the first day of January, 1947, CBS0° maga"r"™-the Inspector may grant exemption from some of the requirements of clauses (6) and (c) of Rule 35, subject to such conditions as he sees fit to prescribe.

RULE 40. The Inspector may grant permission to erect a Marine for daily magazine for the storage of twenty-four hours' supply of explo- "upp,!'of ««"",v"-sives not less than one hundred and fifty feet from the entrance to the mine, subject to such conditions as he sees fit to prescribe.

Lamps and Lights.

RULE 41. No lamp or light other than a locked safety-lamp care of safety-iamm. of a pattern approved by the Chief Inspector shall be allowed or used underground in a mine; and a competent person or persons shall be appointed by the owner, agent, or manager for the purpose of examining and shall examine every safety-lamp immediately before it is taken into any mine, and ascertain it to be secure and securely locked.

243


LASH» to be exaicijtcd.

Article* prohibited underground.

RULE 42. No safety-lamp shall be taken into a mine unless it has been examined and found secure, nor shall any safety-lamp be unlocked except in a lamp-room on the surface.

RULE 43. (a.) No person shall have in his possession in a mine any match or apparatus of any kind for striking a light, except a relighting device enclosed within the tube of an approved flame safety-lamp, or any pipe for smoking tobacco, or any tobacco or smoking mixture for smoking, either as cigars, cigarettes, or in any other form.

(6.) The owner, agent, or manager shall appoint a competent person to search any underground employee for any article prohibited by this rule, and the Inspector may order a search for such purpose of any employee whenever he deems it necessary, and any person refusing to submit to such search shall be deemed to be a source of danger to other persons in the mine, and shall be immediately removed from the mine by order of the person appointed to make the search or by order of the Inspector, and such refusal shall be a violation of the " Coal-mines Regulation Act."

(c.) Nothing in this rule shall be so interpreted as to prevent the use of a shot-igniter, electric firer, or other appliance for such purpose if of a pattern approved and permitted by the Chief Inspector.

RULE 44. Every fame safety-lamp so in use shall be tested in an explosive mixture of gas and air at least once every week, and if the glass, washers, gauze, or any of the essential parts of such lamp have been renewed after a lamp has been so tested, then such lamp shall be again tested; and any lamp that is shown by such test to ba imperfect or ineffective shall not be allowed in a mine until such imperfection or ineffectiveness has been remedied and the lamp has passed a satisfactory test.

RULE 45. No single-gauze safety-lamp shall be allowed in a mine.

RULE 46. (a.) Every flame safety-lamp shall be submitted to a mechanical air-test whenever assembled after being taken apa*"t, and if shown by such test to be imperfect or ineffective, its use shall not be permitted; and every colliery using safety-lamps shall be equipped with apparatus for making such tests as are approved of by the Chief Inspector.

(6.) This rule shall not apply to a mine in which fewer than thirty persons are ordinarily employed underground.

Shafts and Roadways.

L«ddor-w.yiin.h.fu. RULE 47. (a.) In every shaft sunk after 1947 a suitable footway or ladder-way shall be provided in every shaft, and where necessary such ladder-way shall be protected from possible falls of mefcerial being hoisted or lowered in such shaft.

244

Testing of «afety lam pi.

S.ngleâuxc lamp prohibited.

Safety-lam pa to be submitted to mechanic*] air-tot.


(&.) A substantial platform shall be built at intervals not exceeding twenty feet in the ladder-way, and the platform shall be closely covered, except for an opening large enough to permit the passage of a man's body and the ladders shall be so placed as to cover the opening.

RULE 48. On every underground slope or incline on which per- M.ni»i«. sons travel, other than a working-place less than three hundred feet in length, manholes at least five feet high, four feet wide, and four feet deep shall be provided at intervals of not more than sixty feet, the entrance *o each such place of refuge being made conspicuous by boards set up vertically on each side of it and painted in a distinctive colour.

RULE 49. (1.) Every level where persons travel underground *unhoi« m i««is. and where mechanical or horse-drawn haulage is used shall be provided with manholes:—

(a.) On both sides of doors: (6.) On both sides of curves: (c.) At intervals of not more than one hundred and fifty

feet. (2.) This shall not apply where there is three feet clearance

between the widest part of the vehicle used and the side of the level.

RULE 50. Every manhole and space for a place of refuge shall Manhole* tot* be constantly kept clean, and no persons shall place anything in keplck,n-a manhole or in such space so as to prevent access thereto.

RULE 51. (a.) At the top of every slope, self-acting plane or sioi.biocks«nd incline, stop-blocks, derailing-switches, or other suitable appa- dOTains-'lwitebn

ratus shall be provided to prevent cars from running away. (6.) In every advancing slope there shall be a stop-block or

derailing-switch at a distance from the working-face never exceeding one hundred feet.

RULE 52. In front of every bull-wheel or return sheave, not s etyposu. more than five feet away from it and in the bight of the rope, there shall be a safety-post so set and of such strength that it will stop and hold the rope in any circumstances should the bull-wheel or return sheave break away from its fastenings.

RULE 53. (a.) In all manways or travelling-roads more than Buiki d*. one hundred and twenty-five feet in length and having inclinations of thirty degrees or more, bulkheads, with adequate bypassing arrangements, shall be erected at intervals not exceeding seventy-five feet, such bulkheads being of sufficient strength to arrest and hold any material or objects liable to slide down these roadways.

(6.) Manways and travelling-roads with inclinations of more st<!p. »„d i.dder>. than twenty-five and less than forty-five degrees shall be equipped with properly constructed steps, and substantial ladders

245


shall be provided in all cases in which the inclination of such roadways exceeds forty-five degrees.

(e.) A piece of hemp rope not less than three-quarters of an inch in diameter and of sufficient length shall be supplied in each working-place having an inclination of thirty degrees or more in order to permit convenient access to the coal-face.

RULE 54. In a mine that is usually entered by means of machinery, a person of the age and mental and physical condition prescribed by section 31 shall be appointed for the purpose of operating the machinery that is used for lowering and raising persons therein, and that person shall be in attendance for the said purpose during the whole time that any person is in the mine.

RULE 55. Main conveyer-roads shall not be less than four feet in height, and there shall be a clear space not less than two feet in width between any conveyer and one side of the roadway in which it is operated. Adequate bridges shall be erected^ over belt-conveyers at all road intersections.

Fencing of Shafts and Roadivays.

Fencing or n»dw>7t. RULE 56. Every entrance to any place not in actual course of working and extension and not under maintenance for travelling and ventilation shall be properly fenced across the whole width of such entrance, so as to prevent persons inadvertently entering the same.

(a.) The term " properly fenced," as used in this rule, means a fence four feet high built of not less than three boards, one by six, spaced so as not to obstruct the ventilation, and nailed securely to posts, or where there are no posts on the ribs, then the ends of the boards shall be hitched into the coal or rock at least three inches and securely wedged:

(ft.) In the case of all places fenced off as required under the terms of the general rules or special rules, a properly worded danger-sign shall be securely attached to the fe^ce, in a conspicuous position, with lettering at least four inches high and stencilled in white on a dark background, such sign being made of durable material and the lettering being such as not to be easily obliterated,

only om<Haii «ha» R U L E 57. No person shall cross a fence unless accompanied emu*fence. ^ ê manager , overman, or fireboss, and then only for the

purpose of examining the place fenced off. TOP of «h«ft u. R U L E 58. The top of every shaft t h a t for t he t ime being is out be fenced. Q£ u s ^ o r u a f i ( j Q n jy &B &n a i r „ 8 haf t , shall be securely fenced. Entrance, to >hafu R U L E 59. The top and all entrances between the top and bot-to be fenced. ôm Qf e v e r y W o r k i n g or pumping shaft shall be proper ly fenced,

246

Ropes for climbing.

Attendance of boij&ran.

Conveyer-roads »nd beft-conTeyen.


but this rule doea not forbid the temporary removal of the fence for the purposes of repairs or other operations if proper precautions are used.

Machinery and Haulage.

RULE 60. (1.) (a.) At every working-shaft used for the pur- Me»n. of .«MUIID* pose of drawing materials, or for the raising and lowering of persons, there shall be adequate means of communicating distinct and definite signals between the bottom of the shaft, every working-entrance connected therewith, and the surface.

(6.) On every slope or plane, other than a working-place not exceeding three hundred feet in length, adequate means of signalling from any point on the roadway to the engine-room of the slope or plane shall be provided.

(2.) (a.) Notices, painted or printed on durable material and c«fc>ofsien«i>. explaining the code of signals in use at the colliery, shall be posted at the terminals, all intermediate points or landing-places, and in the engine-rocm of every haulage system. This code shall include special and easMy recognized " stand fast" and " release " signals.

(&.) Similar notices, explaining the code of signals in use, shail be posted in the engine-room, on the bank, at all intermediate stations, and at the bottom of every shaft used for hoisting purposes.

(3.) As far as may be practicable, signalling-wires on slopes Ei«tric ben. »nd or inclines shall be stretched from end to end on the same side of •,*nlI1",*-'"ê•• the roadway, being so placed as to be reached conveniently from a moving trip of cars throughout the length of the slope or incline.

RULE 61. In a mine in which more than thirty men are employed Telephone.. underground at one time, telephonic communication shall be provided as follows:—

(a.) Between the top and bottom of the shaft if this is more than one hundred feet in depth:

(6.) Between the engine-room and terminals of every slope or incline, the length of which exceeds five hundred feet, and the levels turned off such roadways:

(c.) Between the ends of every haulage-road more than two thousand feet in length.

RULE 62. (a.) Single chains or couplings shall not be used for ch«in.. the purpose of raising or lowering persons in shafts.

(b.) In order to prevent accidents in case of rupture of the short chain attached to the cage, additional chains or other connecting appliances shall be provided, these having an aggregate strength equal to not less than five tim*» the maximum stress to which the ordinary couplings may be subjected,

247


Rope records.

Vamifftetnrer'fi certificate.

History of rope to be recorded.

Previously used hoisting-ropss.

Factor of snfety of ror-cs.

(e.) All cage-chains in constant use shall be annealed at least once in every six months.

(d.) Detaching-hooks shall be cleaned and refitted at intervals not exceeding three, months.

ROLE 63. (1.) A book, known as the " rope record book," shall be kept in the office of every colliery at which men are raised or lowered by means of machinery, and whenever a new rope intended for use in the transportation of persons is purchased, a copy of the certificate issued by the manufacturer as regards such rope shall be entered therein. The certificate shall include the following data: Name and address of manufacturer, coil or reel number, date of manufacture, diameter and circumference of rope in inches and fractional parts of an inch, type, lay and length of the rope, class of core, number of strands, number of wires in each strand, breaking-strength, of steel of which the wire is made expressed in tons per square inch, diameter of wires in decimal parts of an inch, weight per foot in pounds, estimated or actual ultimate tensile strength of the rope, and date on which it was purchased.

(2.) The following further entries shall be made in the rope record book when a new rope is put into service as part of any haulage or hoisting system used for the transportation of persons: Date on which such service began, name or number of shaft, compartment or roadway, details of load hoisted, weight of length of rope in service, computed maximum stress on rope, and static factor of safety. This information, together with that contained in the manufacturer's certificate, shall be sent to the Inspector for the district who, in turn, shall transmit it to the Chief Inspector with whatever comments he deems necessary. - (3.) When a hoisting-rope is taken out of service, the fact shall be noted in the rope record book, and notice thereof shall be sent to the Inspector, this giving the reason for which the rope was removed and stating the date of such removal.

(4.) The recorded history of each hoisting-rope used for the transportation of persons shall also include the date and all relevant details of each shortening, recapping, or reversal to which it may have been subjected.

RULE 64. No rope shall be used for the transportation of persons in a shaft, or on a slope or incline, if it has been in service previously and its record is known neither to the management nor to the Inspector for the district.

RULE 65. (a.) Any rope used for the raising or lowering of persons in a shaft, or on a slope or incline, shall have a static factor of safety of not less than ten when first put into service.

(6.) This factor may be decreased by one for each five hundred feet of the rope's length in excess of one thousand, but shall never fall below six.

248


(c.) Every rope used for such purposes shall be recapped at periodic shortening intervals not exceeding six months, a piece of the rope not less o£ """** than six feet in length being then cut off and sent to a laboratory approved by the Inspector for examination and determination of its ultimate tensile strength.

(d.) A copy of the report covering the examination and subse- copy of «port to be quent test to destruction shall be sent to the Inspector for the —* «• i-wetor. district as soon as the said report has been received and the data contained therein have been entered in the rope record book.

RULE 66. Every shaft hoisting-rope shall be given a bath in hot oil before being put into service.

RULE 67. All ropes used for the transportation of persons shall care ot ropes. be thoroughly cleaned and treated with a suitable rope compound at least once in every month, or oftener if circumstances render this necessary.

RULE 68. A rope having been in use for a period of two years, u«e of certain rop» or one that has been spliced, shall not be used for the transporta- proh,b,tcd-tion of persons in shafts or on slopes or inclines.

RULE 69. The diameter of hoist-drums and head-sheaves, and sheave». that of sheaves deflecting the rope through an angle of fifteen degrees or more, shall never be less than sixty times that of the rope in use.

RULE 70. (a.) In every working-shaft used foi the purpose of Guides. drawing materials or for the transportation of persons, guides of adequate size and strength shall be provided, these being securely fastened to buntons so spaced as to assure the rigidity of the guides.

(o.) Rope-guides, where used, shall be loaded to the extent that undue vibration is effectively prevented.

RULE 71. (1.) (a.) Every cage used for the lowering or rais- safety ciutche.. ing of persons in a shaft shall be equipped with properly designed automatic safety-clutches sufficiently effective to prevent the cage from falling should the hoisting-rope break.

(6.) An exemption from the provisions of this rule may be granted by the Chief Inspector in the case of shafts in which rope-guides are used.

(2.) (a.) At least once in every month the safety-clutches of every cage or other shaft conveyance shall be tested by either detaching the rope and permitting the clutches to grip the guides or by some other method approved by the Inspector.

(6.) If they fail to act satisfactorily, the conveyance shall not be used for the transportation of persons until the defect responsible for such failure has been remedied and the safety-clutches are again effective.

RULE 72. (1.) No cage shall be used for the raising or lower- D«ien of cage,, ing of persons in a shaft unless it is so constructed as to preclude

249


Cover overhead.

Csffe-ffmtes.

Cases at landings.

Transportation of men on slopes and inclines.

Hoist-drums.

Holstlng-cnginei.

Holltlnu-entfine.

the possibility of any part of the body of men riding thereon coming into contact accidentally with the timbering or the sides of the shaft.

(2.) Every cage used for the purpose aforesaid shall be equipped with a coVer overhead sufficient to stop or deflect objects of whatever nature that may fall upon it, such cover being kept in place constantly, except when the persons riding on the cage are engaged in an examination of the shaft or in repair-work being carried out therein.

(3.) On all cages used for the transportation of persons in shafts, doors or gates shall be provided, these extending from the floor of the cages to a height of not less than five feet above it and being so fitted that they can neither swing outward nor be opened accidentally, and such doors or gates shall be kept closed whenever men are being raised or lowered.

RULE 73. (1.) No person shall enter or leave a cage, either at the bank or at a station in the shaft, without the consent of the banksman or onsetter, and no person shall enter or leave unless tha said cage is stationary and resting upon chairs or catches.

(2.) The Inspector shall fix the maximum number of men to be raised or lowered at one time in a shaft.

(3.) When men are being lowered or hoisted, the load attached to the rope shall not exceed eighty-five per centum of the maximum load allowable when the rope is used for other purposes.

RULE 74. (1.) The transportation of men in cars, on slopes or inclines, is permissible only if approved in writing by the Inspector, who, as a condition of such approval, may set a limit to the number of cars or of men to be hoisted at one time or make any other stipulations that he considers necessary in order to assure the safety of the persons using such means of transpc Nation.

(2.) Where required by the Inspector, any car, or trip of cars, used for the purpose aforesaid shall be equipped with adequate safety devices, or be attached to a safety-car of approved design, to prevent the car, or trip of cars, from running away should either the haulage-rope or some of the couplings break.

RULE 75. On the drum of every machine used for the raising or lowering of men, there shall be flanges or horns and also, in the case of conical drums, other appliances sufficient to prevent the rope from slipping.

RULE 76. Every hoisting-engine used for the transportation of men in shafts, or on slopes or inclines, shall be equipped with a proper indicator showing the position of the cage or man-trip at every moment of the hoist.

RULE 77. If an automatic contrivance to prevent overwinding is not provided in the case of such hoisting-machinery, then, when men are being raised, the cage or man-trip shall not be

250


wound up at a speed exceeding three miles per hour after it has reached a point near the terminal station to be fixed by the special rules.

RULE 78. (1.) There shall never be less than three coils of Ropeonhouwirum. rope on the drum of any hoisting-engine used for the transportation of persons when the cage or trip is at the lowest point of the shaft, slope, or incline.

(2.) The end of the rope, after being passed around the drum-shaft, shall be properly clamped either to its own standing part or to the spider of the drum.

RULE 79. (1.) Every hoist installed after this Act comes into Brake», force and worked by any form of mechanical power and used for the lowering and raising of persons shall be equipped with two brakes, operated separately, and each capable of stopping and holding a load corresponding to the maximum tractive power of the engine at any point in the shaft or roadway.

(2.) Except in case of emergency or by special authorization given in writing by the Inspector, persons shall not be lowered in a shaft, or on a slope or incline, by means of machinery offering resistance to acceleration through frictional braking only, but this provision shall not be deemed to prevent the employment of trip-riders on slopes or inclines in such circumstances.

RULE 80. (1.) Every locomotive in use underground shall be Locomotive», equipped with lamps or head-lights and with a whistle or gong, which shall be sounded when persons are seen ahead or when the locomotive is approaching branch roadways, curves, doors, or partings.

(2.) A conspicuous light shall also be displayed at the front end of any trip of cars being pushed by a locomotive along a roadway.

(3.) No locomotive shall be operated underground at a speed exceeding six miles per hour, except by authorization in writing issued by the Inspector.

RULE 81. (1.) No internal-combustion engine using vaporized fuel shall be operated underground in a coal-mine.

(2.) In circumstances that in his judgment render this form inumni-eombuition of mechanical power unobjectionable underground, the Chief enKta<M-Inspector may authorize a limited use of internal-combustion engines of the diesel type, this authorization being conditional, in each case, upon guaranteed maintenance of the conditions under which such equipment may have been considered admissible.

RULE 82. A receiver to which air under pressure is delivered Air-reoeiven. directly from a compressor shall be fitted with a safety-valve of ample area, a fusible plug, and a drain-cock permitting the removal of accumulated water. At intervals not exceeding two years such receiver shall be submitted to a hydrostatic test, in the course of which the pressure applied shall be not less than sixty-

251


Guarding and fencing of machinery.

Guarding of grinding-wheel.

Handrails.

Trap-door, guard-rail, or closing gate.

Wilful damage.

five per centum higher than that normally carried by the receiver in the case of ordinary low-pressure plants and forty per centum where the working-pressure maintained is seven hundred and fifty pounds per square inch or more.

RULE 83. All gears, crank-plates, chain-drives, fly-wheels, and other dangerous parts of machinery shall be kept securely covered, encased, or fenced, as the case may require, in order to prevent persons from coming in contact with them inadvertently.

RULE 84. Every power-driven grinding-wheel shall be provided with a hooded guard of sufficient strength to withstand the shock of a bursting wheel, and this guard shall be close to the wheel and extend forward over the top of it to a point in a plane forming an angle of at least thirty degrees with a vertical line passing through the centre of the wheel.

RULE 85. A handrail shall be constructed around every runway, platform, or staging used for oiling or other purposes, the height of which, measured from the floor, exceeds five feet.

RULE 86. A suitable trap-door, guard-rail, or automatically closing gate shall be provided at every hatchway, entrance to an elevator, or any other dangerous opening.

RULE 87. No person shall wilfully damage, render useless, or remove without proper authority any fence, fencing, casing, lining, guide, means of signalling, sign, cover, chain, flange, horn, brake, indicator, gauge, safety-valve, or other appliance or thing provided in a mine in compliance with this Act.

Shaft to be made secure

Roadways and working-places to be made secure

Height and width of roadways.

Supply of timber.

Length of long-wall faces.

Timbering and other Forms of Ground Support.

RULE 88. Where the natural strata are not safe, every working or pumping shaft shall be securely cased, lined, or otherwise made secure.

RULE 89. The roof and sides of all roads and working-places shall be made secure, and no person shall, unless appointed for the purpose of exploring or repairing, travel or work in any road or working-place that is not so made secure.

RULE 90. The height and width of all roadways shall be sufficient to prevent injury to any animal used therein.

RULE 91. A reasonable supply of timber shall be constantly kept in each working-place, or where this is reasonably impracticable, then in the most convenient place in the vicinity thereof, for the purpose of ensuring the safety of the persons employed at the coal-face.

Working-face.

RULE 92. Where mining is carried on by the long-wall system, whether by means of hand or of coal-cutting machinery, the length of face-line between the roadways that provide the means of entrance to or exit from the face-line of the long-walls shall

252


not be more than three hundred feet; but where circumstances indicate the necessity for a shorter or longer distance between such roadways, the Inspector may, by notice in writing to the owner, agent, or manager, order such shorter or longer distance between the roadways as he considers necessary for safety.

RULE 93. Coal-cutting machinery may be temporarily operated coai-cutt»»* by any person if he is accompanied by and under the immediate supervision of a coal-miner under this Act.

machinery.

Miscellaneous.

RULE 94. (1.) If more than fifteen persons are employed in a washhous». mine below ground, sufficient accommodation shall be provided to enable the persons employed above and below ground at that mine to wash themselves and to dry and change their clothes conveniently, and such accommodation shall not be in the building used as a bunk-house or dining-room.

(2.) In the case of a mine where the coal reserves have not been sufficiently proven, the Chief Inspector shall have authority to grant exemption from the requirements of Sub-rule (1).

RULE 95. It shall be incumbent on the owner, agent, or manager Bunk-house» to be of a mine to maintain all bunk-houses, cook-houses, dining-rooms, keptclean' and wash-houses controlled by the said owner, agent, or manager in such cleanly and sanitary condition as may be approved by the Inspector.

RULE 96. In every mine where, by reason of the depth or the Places for sanitary extent of the workings, egress to the surface cannot be conve- purpos<!"-niently obtained, there shall be provided suitable places for sanitary purposes which shall be deodorized and constantly maintained in a sanitary condition, and suitable outhouses for sanitary purposes shall be similarly maintained in convenient positions contiguous to the surface works thereof.

RULE 97. Every person shall observe such directions with respect to working as are given to him in order to assure compliance with this Act and with the special rules.

RULE 98. At every mine the owner shall provide one good and Fim-aid sufficient " ambulance box," to be approved by a medical practitioner, with an additional such box for each one hundred men employed on one shift above and under ground collectively, and no person shall use or remove any of the contents of the " ambulance box " except for the purpose of rendering first aid to persons injured in the mine.

Duty to observe directions.

requirements.

RULES GOVERNING PRECAUTIONS AGAINST COAL-DUST.

66. The following rules shall apply to all coal-mines, except Application of following rules. those in which

throughout:— the floor, roof, and sides are naturally wet

258


Treatment with water.

Treatment with inert dust.

Percentage of combustible matter permitted.

Volatile content of coal.

Combustible matter to decrease with methane present.

Reduction by amount equal to percentage of water.

Natural conditions compl>inff with requirements.

Treatment equally efficient may bo approved.

RULE 1. (l.f The floor, roof, and sides of every road, or part el * road, that is accessible shall be treated in one of the following manners, either:—

(a.) They shall be treated with water in such manner and at such intervals as will ensure that the dust on the floor, roof, and sides, respectively, is always combined throughout with thirty per centum by weight of water in the intimate mixture; or

(6.) They shall be treated with incombustible dust in such manner and at such intervals as will ensure that the dust on the floor, roof, and sides, respectively, shall always consist throughout of a mixture containing not more than fifty per centum of combustible matter if the volatile-matter content of the coal does not exceed twenty-two per centum as determined by one of the standard methods of analysis and computed on a dry, ash-free basis.

(2.) The maximum permissible percentage of combustible matter shall diminish by one and one-half for each increase of one in the percentage of volatile matter carried by the coal until it has been reduced to thirty-five in the case of coals having volatile-matter contents of thirty-two per centum or more.

(3.) For the purpose of determining the volatile-matter content of the coal, samples shall be taken either from representative sections of the seam or from a representative quantity of the run-of-mine coal from the seam.

(4.) The permissible percentage of combustible matter in the dust found in any underground roadway shall be further decreased by one for each increment of one-tenth part of one per centum in the methane content of the mine-air beyond a quarter of one per centum.

(5.) The percentage of incombustible dust required under this rule may be reduced by an amount equivalent to the percentage of water present in the mixture.

(6.) The obligation imposed by this rule shall not apply in respect of any road, or part of a road, if, and so long as, the natural conditions thereof as regards the presence of incombustible dust and moisture are found, by tests made in accordance with the provisions of this rule, to be such as to comply with the foregoing requirements.

RULE 2. If the methods prescribed by clauses (a) and (b) of Rule 1 are found temporarily or permanently inapplicable in the case of a mine, or part of a mine, the roadways in the mine or section thereof shall be treated in such other manner as the Chief Inspector deems equally efficient and approves.

254


RULE 3. If in the opinion of the Inspector an undue quantity unMtuiMtory of dust is produced in a mine and the method employed for its cond,tlon*-control or treatment is not adequate or effective, he may notify the manager in writing and proceed as provided in section 7.

RULE 4. (1.) The incombustible dust used for the purpose of Fin»™»» of inert the preceding rules shall contain not less than fifty per centum by weight of fine material capable, when dry, of passing through a sieve with two hundred apertures to the lineal inch (forty thousand per square inch).

(2.) If the percentage of inert dust passing through the two-hundred-mesh sieve is less than fifty, that of combustible matter specified as being the maximum permissible by Rule 1 (b) shall be decreased proportionately; but the percentage of the fine material aforesaid shall never fall below twenty-five.

RULE 5. For the purpose of testing the composition of the dust sampling of mixture in any part of a road, the following procedure shall be roaawa> du"L

adopted:— (a.) Representative samples of the dust shall be collected

from the floor, roof, and sides, respectively, over a section of the road not less than one hundred feet in length, such sections being not more than four hundred and fifty feet apart in the same roadway:

(b.) Each sample collected shall be thoroughly mixed and quartered, and a portion of the mixture shall then be sifted through a standard sieve having fifty apertures to the lineal inch.

RULE 6. (1.) (a.) If the dust is known to contain only neg- sample fire t«t ligible percentages of either gypsum or carbonates, a weighed quantity of the dust that has passed through the sieve shall be dried at a temperature of one hundred and five degrees centigrade and the weight lost shall be reckoned as moisture.

(6.) The sample shall then be brought to a red heat in an open vessel until it no longer loses weight, and the weight so lost by incineration shall be reckoned as combustible matter for the purpose of the test.

(2.) (a.) If the inert dust applied to the roadways consists Roadway dun , i n • i. • 1. j i.-i £ I L • j c°ntainin«r gypsum.

of gypsum wholly or in part, a weighed quantity of the sieved dust shall be dried at a temperature between one hundred and thirty-five and one hundred and forty degrees centigrade and the weight lost shall be reckoned as moisture.

(b.) The sample shall then be kept at a red heat in an open vessel until complete incineration, and the weight of the residue added to that of the moisture shall be reckoned as incombustible matter and expressed as a percentage of the total weight of sieved duat treated.

255


Headway diut containing carbi nates.

Routine determination made with pyenometer.

Test» to be recorded.

Frequency of test».

In some caaea testa can be made every three months.

Roadways to be rleanrn before inert dust applied.

(3.) If the dust contains an appreciable proportion of carbonates, the following method shall be followed:—

(a.) A weighed quantity of the dust that has passed through the sieve shall be dried at a temperature of one hundred and five degrees centigrade and one hundred times the weight lost, divided by the number of grams of dust submitted to the test, shall be reckoned as the percentage of moisture:

(b.) One gram of the sample so dried shall then be treated with dilute hydrochloric acid in a suitable apparatus; the weight lost through the decomposition of the carbonates shall be ascertained and subsequently added to that of the incombustible solid residue of another gram of the same sample having been subjected in an open crucible and for not less than one hour to a temperature exceeding nine hundred and twenty-five degrees centigrade. This total, plus the moisture previously determined, shail be recorded as incombustible matter.

RULE 7. Where the specific gravity and the ash content of the coal, as well as the specific gravity of the inert dust used, have been determined by a series of analyses, routine determinations of the percentage of incombustible matter, in samples of roadway dust collected underground monthly, may be carried out by means of a suitably designed pyenometer, but, at intervals of not more than four months, the samples of dust taken on all roadways shall be subjected to one of the methods of analysis specified in Rule 6 (1), (2), and (3).

RULE 8. The results of the tests shall be recorded in a book kept at the mine for the purpose, and three copies thereof shall be made, one of which shall be posted at the mine-entrance and the others sent to the Inspector for the district.

RULE 9. Tests of the samples of dust, so taken as to be representative of the normal composition of the roadway dust throughout the mine and on the floor, roof, and sides, respective!y, shall be made as often as may be necessary, but not less frequently than once in each month.

RULE 10. Provided that, if the tests made on representative samples of dust show, in respect of any mine or part of a mine, that the conditions prevailing therein as regards the presence of incombustible dust and moisture are such as to comply with the requirements of these rules, and are likely to remain unaltered for some time, it shall suffice thereafter to make tests of representative samples in respect of that mine, or part of a mine, at intervals not exceeding three months, or at such longer intervals as may be approved in writing by the Inspector for the district.

RULE 11. (1.) Before the first application of iiert dust to any haulage-road, travelling-way, or conveyer-rop i, accumulated

256


coal-dust shall be removed from the roof, floor, and sides of such roadway, or part of it, as far as it is practicable to do so.

(2.) The provisions of this rule shall not apply to mining operations in coal-seams carrying less than seven per centum of volatile matter, as determined by one of the standard methods of analysis and computed on a dry, ash-free basis.

RULE 12. (1.) Inert dust of a kind prohibited by the Chief injurious inert du»t Inspector, on the ground that it would not be effective or that prohlb,ted' it might be injurious to the health of the persons employed in the mine, shall not be used for the purpose of complying with the foregoing rules.

(2.) Provided that, if a dispute arises regarding the effectiveness of the dust, or its potentially injurious quality, the matter shall be determined in the manner provided by section 63 of the " Coal-mines Regulation Act."

RULE 13. (1.) Every percussive drill, operated by mechanical Dry-dniimg in rock power and used for the boring of holes in rock, shall be equipped prohlb,ted

with a water jet or spray, or other appliance equally efficient, to prevent the escape of rock-dust, and any such device shall be of a type approved by the Inspector.

(2.) Provided that, in the case of drilling in shale incidental Exemption in case to coal-getting operations in a working-place, the Inspector may ofs *e" grant an exemption from the provisions of this article in respect of the place aforesaid, subject to such conditions as he may see fit to prescribe.

RULES GOVERNING PRECAUTIONS AGAINST COAL-DUST IN DRY-COAL PREPARATION PLANTS.

67. The following rules shall apply as soon as possible to Application of all coal-preparation plants at which provisions are made for ,ol,owinB ru,CB-treatment of the mine output beyond sizing and hand-cleaning:—

RULE 1. (1.) Screening, sizing, and pneumatic-cleaning ma- screening ainmr. »nn

chinery shall be operated only in rooms or compartments !X™ «J tab?in(t

separated from all other parts of the plant, in each case, by a orpp"" from rest

solid wall pierced only by such openings as may be necessary to permit the delivery of the coal to the cleaning machinery or transporting equipment, as the case may be, the area of these openings being limited to the indispensable minimum.

(2.) Unless an effective dust-collecting system is in service, at least one-half of the total area of one of the other walls of each such room or compartment shall consist of windows, or movable panels, so hung as to open outward easily under slight pressure and never locked in place while the plant is in operation.

RULE 2. (1.) In the course of its transportation through the plant, dry coal shall nowhere be allowed to fall through a vertical distance of more than a few inches, except at the delivery end of

257

Transportation of coal through plant


Electrical equipment.

Inflammable substances.

Steam-boilers and hot-cas generating derices.

Soldering, welding, and cutting in plant.

Protection sgainst fire.

conveying-belts or flight conveyers, at which points such distance shall not exceed that rendered strictly necessary by the design of the machinery in use.

(2.) Accumulated dust shall be swept off all floors and walls throughout the plant at least once in every working-day and the floors shall be washed with water under pressure afterwards, if requested by the Inspector.

RULE 3. (1.) Direct-current motors, unless explosion-proof, shall not be used in a coal-preparation plant to which this rule applies.

(2.) All main and distributing switches shall be set up in a dust-proof, locked compartment to which only the plant electrician and his assistants shall have access. All starting-switches shall be of the mechanically interlocking type.

(3.) At least once in each working-day all electric motors shall be thoroughly cleaned of coal-dust by means of a jet of compressed air, or in some other equally efficient manner.

(4.) All machinery, particularly that presenting large steel surlgce, shall be effectively grounded.

RULE 4. Easily inflammable substances of any kind shall not be stored anywhere within the plant, except the supply of such substances as may be required for a single day of operation. Spilled oil or grease shall be cleaned off the floor and machinery without delay.

RULE 5. Steam-boilers and hot-gas generating devices shall be housed in a room separated from all other parts of the plant by a wall of fire-proof construction, pierced only by such openings as may be necessary for the passage of steam-pipes or hot-gas ducts.

RULE 6. No construction or repair work requiring soldering, welding, or oxy-acetylen<> cutting shall be undertaken within the plant while it is in operation, and such work shall be done only after the part of the building in which it is needed has been cleaned in the manner specified in Rule 2 (2).

RULE 7. Chemical extinguishers of a type suitable for use on electrical fires shall be provided in the immediate vicinity of all electric motors and in the main control room. Water under pressure shall be available in all parts of the plant.

RULES GOVERNING COAL-STRIPPING OPERATIONS.

Application of fnllowir-K rules.

Inspector U* be notified.

68. The following rules shall apply to all operations at which the coal extracted from the seam is reached through complete removal of the overburden:—

RULE 1. A sufficient time before the beginning of actual operations, the owner or lessee of the property, either personally or through his agent, shall inform the Inspector, in writing, of the conditions under which the proposed work is to be carried out,

258


supplying him with all data available regarding the thickness and inclination of the seam, the nature and thickness of the overburden, the local topography, the kind of machinery that it is intended to use, and the probable number of men to be employed.

RULE 2. The operations shall be under the direction of a per- saperrb»n at work, son, exercising daily supervision and responsible for the observance of these regulations, appointed by the owner, his agent, or the lessee of the property, with the approval of the Inspector.

RULE 3. Each shift of workmen shall be under the immediate permit tout supervision of a person with experience in large-scale excavating- " * ' work and holding a permit to act as shiftboss granted, after examination, by the Inspector, such permit being in the following form:—

Under the provisions of General Rule 3, section 68, of the " Coal- permjt to act mines Regulation Act," [full name and surnan i of applicant}, of »»»MJU""»»-[ordinary residence of applicant'], is hereby authorized to act as shiftboss at the coal-stripping operations of [owner or lessee] at [location of pit], in the Province of British Columbia.

Granted after examination at , this day of , 19 .

(Signature.) — Inspector of Mines.

RULE 4. (1.) All blasting shall be done under the immediate Biutinc supervision of persons experienced in quarry-work and the use of explosives, who shall be holders of permits to act as blasters granted, after examination, by the Inspector, such permits being in the form prescribed by Rule 3, with the substitution of the word " blaster " for " shiftboss."

(2.) Subject to such stipulations as the Inspector deems necessary, a qualified person may be authorized to act in the dual capacity of shiftboss and blaster for a specified length of time at any coal-stripping operation. A permit, granted under the provisions of either Rule 3 or B ule 4, may be cancelled at any time by the Inspector if the holcer thereof displays carelessness or incompetence in the discharge of his duties.

RULE 5. Before the end of every shift i thorough examination D»iiy «.n.in.tion of the pit shall be made by the shiftboss, who shall record the "dr*port-results of the inspection in ?. book kept for the purpose, noting any matters requiring atter. ;ion from the standpoint of safety, and who shall sign the repon,.

RU/UB 6. No rock or cemerted gravel overlying the coal being control of overburd™. removed shall be allowed to project over the excavation. If circumstances render such a situation temporarily unavoidable, the overhanging rock shall l>e supported by means of props or cribbing until it can be remo/ed safely. The surface of detrital overburden lying above the pit shall always be trimmed so that its slope toward the excavation is less than the angle of repose of such material.

259


Bennoco.

Roael «ad luMer» to be tuppHed.

Fence*.

Explain*.

Powers of Inspector.

Applicability of other |.ron'«lot.j of the A:L

Atb'Umticn.

RULE 7. Where the thickness of the deposit is such as to render the removal of the coal in several lifts necessary, the height of each bench shall never exceed twelve feet unless the coal is removed by power-shovel or drag-line.

RULE 8. It shall be incumbent upon the owner or lessee to supply ropes of suitable quality and properly constructed ladders to permit convenient and safe access to all parts of the excavation.

RULE 9. Portable fences shall be used to prevent men and machinery from getting too close to the edge of escarpments that may be temporarily dangerous.

RULE 10. Explosives shall be kept in a building exclusively used for the purpose, securely locked and situated at a distance of not less than two hundred feet from any part of the pit in which blasting operations may be conducted, and the maximum quantity of explosives to be stored in this manner, in order to meet immediate requirements, shall be decided by the Inspector.

RULE 11. The powers conferred upon the Inspector by section 7 concerning defects liable to endanger the safety of persons extend to all coal-stripping operations.

RULE 12. All provisions of this Act, the application of which is not restricted to underground work either explicitly or implicitly, shall apply, mutatis mutandis, to coal-stripping operations, except in matters specifically governed by the foregoing rules.

RULfc 13. If a dispute arises with respect to the applicability 0-' any other provisions of this Act to coal-stripping operations, the matter shall be decided by the Chief Inspector.

Application.

Compliance.

Definition of »p« i * l tern».

RULES GOVERNING THE ESSENTIAL REQUIREMENTS AND MINIMUM STANDARDS FOR ELECTRICAL INSTALLATIONS FOR COAL-MINES.

69. Notwithstanding the provisions of the " Electrical Energy Inspection Act," all electrical equipment shall be installed and maintained in accordance with the standards prescribed by the Canadian Electrical Code, Part V., in conjunction with Parts I., II., and III., except where those standards do not conform with the following rules:—

RULE 1. It shall be the duty of a mine-owner, agent, manager, any person employed in a mine, and any person cr firm who by contract or otherwise undertakes for the owner of a mine the installation, alteration, removal, or repair of electrical equipment in or about a mine to conduct the work in accordance with these rules.

RULE 2. In these rules, unless the context otherwise requires:— "Accessible " means not permanently closed in by the struc

ture or finish of the building: 260

MINES REGULATION, COAL. CHAP. 5 4

"Approved," when used with reference to any particular electrical equipment, means that such equipment has been submitted for examination and test to the Canadian Standards Association and that formal approval has been given to the effect that it conforms to the Canadian Standards Association standards as established under the provisions of the Canadian Electrical Code. The Inspector may give preliminary approval in the following cases:—

(a.) When equipment has been submitted for examination and test to the Canadian Standards Association and tentative approval only has been given:

(b.) When equipment has not been submitted for examination and test because:—

(i.) An appropriate specification of the Canadian Electrical Code, Part II., has not yet been published; or

(ii.) The Approvals Laboratory does not possess, or have access to, adequate testing facilities to perform the necessary tests:

"Armoured cable " means a cable provided with a wrapping of metal (usually metal tapes or wires) forming an integral part of the assembly, primarily for the purpose of mechanical protection:

"Authorized person " means a qualified person who by the nature of his duties or occupation is obliged to approach ,or handle electrical equipment, or a person who, having been warned of the hazards involved, has been instructed or authorized to do so by a person in authority:

" B. and S. gauge " means the Brown and Sharpe (or American) wire gauge as applied to non-ferrous conductors and non-ferrous sheet metal, and the gauge number of a stranded conductor means that the sum of the cross-sectional areas of the component strands, measured at right angles to their axes, is equal to that of a solid conductor of the same gauge number:

" Cabinet" means an enclosure of adequate mechanical strength, composed entirely of fire- and absorption-resisting material, designed either for surface- or flush-mounting and provided with a frame, matt, or trim in which swinging doors are hung:

" Cable " means one or more stranded conductors insulated from one another and further insulated from the mass of the earth. A cable may be lead-sheathed to exclude dampness, and it may be provided with a sieel-wire armouring to afford mechanical protection and continuity to ground:

CHAP. 5 4 MINKS REGULATION, COAL. 12 GEO. 6

Circuit-breaker" means an electro - mechanical device designed to open, under both overload and short-circuit conditions, a current-carrying circuit, without injury to the device:

1 Circuit" means any complete conductor, loop, path, or unit current-carrying part of the system conductors, also that portion of a system controlled by a switch or protected by a cut-out:

1 Conductor " means a wire or cable, or other form of metal, installed for the purpose of conveying electric current from one piece of electrical equipment to another, or to ground:

Conduit (flexible)" means approved flexible metal conduit into which it is intended that conductors shall be drawn :

Dead" means free from any electrical connection to a source of potential difference and from electrical charge or not having a potential different from that of the earth. The term " dead" is used only with reference to current-carrying parts when thpse parts are not alive:

Disconnector" or " isolating-switch" means a switch intended for isolating either a circuit or some equipment from its source of supply. It is not intended either for establishing or interrupting the flow of load current in any circuit:

Electrician " means a person appointed in writing by the manager of the mine to supervise the apparatus in the mine and the working thereof, such person being a person who is over twenty-one years of age and who is competent for the purpose of the ru!e in which the term is used:

Electrical-supply station " means any building, room, or enclosed space within which is situated electrical-supply apparatus and that is accessible only to authorized persons, and includes generating-stations, sub-stations, and generator and transformer compartments or enclosures, and other such stations or enclosures:

Explosion - proof (flame - proof)" means a flame - proof enclosure for electrical apparatus that will withstand without injury any explosion of inflammable gas that may occur within it under practical conditions of operation within the rating of the apparatus (and recognized overloads, if any, associated therewith), and will prevent the transmission of flame such as will ignite the inflammable gas that may be present in the surrounding atmosphere:

262

MINES REGULATION, COAL. CHAP. 54

" Exposed " means that any current-carrying part of electrical equipment that can be inadvertently touched, or approached more closely than is safe, by any person is considered to be exposed. The term is applied to objects not suitably guarded or isolated:

" Ground " means a connection to earth obtained by a ground electrode:

" Grounding-conductor" means a path of suitable metal especially arranged as a means whereby electrical equipment is electrically connected to a ground electrode. In the case of flexible cords containing a grounding-conductor the grounding-conductor may be uninsulated or, if insulated, green in colour:

" Insulated " means that a conducting-surface is separated from adjacent surfaces either by a non-conducting substance or an air-space offering, permanently, so high a resistance to the passage of current or to disruptive discharges through or over the surface of the substance or space as to obviate danger of shock and injurious leakage of current. When an object is said to be insulated, it is understood to be insulated to a degree suitable for the conditions for which it has been approved. Otherwise, for the purpose of these rules, it is considered to be uninsulated:

" Junction-box " means an enclosed distribution-box for connecting or branching one or more corresponding electric circuits:

" Over-current device " means any device capable of automatically opening an electric circuit, both under predetermined overload and short-circuit conditions, either by fusing of metal or by electro-mechanical means:

" Permissible equipment," for the purpose of these rules, means apparatus of approved design and detailed construction identical with similar apparatus that has been subjected to explosion tests and certified and approved for use in coal-mines where methane gas or coal-dust may be present in the atmosphere in dangerous proportions. It shall include only:—

(a.) Permissible apparatus as tested and approved by the United States Bureau of Mines and defined as apparatus for use in atmospheres that may fortuitously contain methane gas or coal-dust in dangerous proportions:

(6.) Apparatus that is certified by the British Minister of Mines to conform to the British standard specification for flame-proof enclosure (including explosion-proof) for use in coal-mines:

268

-*- s^™

CHAP. 54 MINIS REGULATION, COAL. 12 GEO. 6

(c.) .Apparatus that is certified and approved by the Canadian Standards Association as being constructed to specifications identical with those of apparatus that has been subjected to explosion tests and certified and approved for use in atmospheres that may fortuitously contain methane gas or coal-dust in dangerous proportions.

Any equipment listed under (a), (b), and (c) may be used in conjunction with each other after inspection by, and approval of, the Electrical Inspector:

' Portable " means electrically operated equipment of less than two horse-power that is usually held in the hands while being operated:

' Qualified " means a person properly qualified or authorized to perform any specified duty or to do any specified act under the conditions existing:

' Sparking, open," means flashing or arcing in the presence of the surrounding atmosphere unprotected by enclosure for prevention of danger from fire or explosion :

' Switchboard " means a panel or assembly of panels on which are mounted any combination of switching, measuring, control, and protective devices, buses, and connections, designed with a view to successfully carrying and rupturing the maximum fault currents encountered when controlling incoming and outgoing feeders:

' Switch-gear " means all devices for controlling, regulating, or measuring the supply of electrical energy, current, or voltage to or in a system, or part of a system, and for protecting system apparatus from abnormal conditions:

' Transportable " is applied to electrically operated equipment that is capable of being moved from place to place under its own power or by means of any other mechanical power:

' Utilization equipment" means equipment, devices, and connected wiring that utilize electrical energy for mechanical, chemical, lighting, testing, or similar purposes, and that are not part of the supply equipment:

' Voltage, system," means the greatest normal effective difference of electrical potential between any two points in a system:

' Voltage, low system," moans a system voltage not exceeding three hundred effective volts:

'Voltage, medium system," means a system voltage normally above three hundred volts but not exceeding seven hundred and fifty effective volts:

264


percentage limit.

" Voltage, high system," means a system voltage normally above seven hundred and fifty volts but not exceeding five thousand effective volts.

"Use of Electricity.

RULE 3. (a.) No electrical energy shall be introduced and used Approval required. in any mine, or in any part of a mine, without the written permission of the Chief Inspector.

(b.) The use of electricity is prohibited in any part of a mine where prohibited. where, on account of the risk of ignition of gas or coal-dust, its use would be dangerous to life.

(c.) In case any difference of opinion arises between an Arbitration. Inspector and an owner, agent, or manager under Rule 3 (6), the same shall be settled by the Chief Inspector.

(<£.) (i.) If at any time in any place in a mine inflammable i„aammabiWs gas in the general body of the air in that place is found to exceed one and one-quarter per centum, the electric current shall be cut off at once from all cables and other electrical apparatus in that place, and shall not be switched on again as long as the percentage of inflammable gas exceeds that amount.

(ii.) Nothing in paragraph (i.) shall apply to any telephone or signalling wires or instruments as long as the conditions prescribed with reference to the installation and use of such wires and instruments are complied with, or to any electric hand-lamps of a type for the time being approved.

(c.) No electrical apparatus or equipment that is not of a type that has been approved as permissible equipment for use in coal-mines shall be used at or near any working-face in any coal-mine. This rule does not preclude the use of cables with such equipment.

(/.) On written request, and with the approval of the Inspector special dispensation. and the Electrical Inspector, permission may be granted for the installation in the intake airway of apparatus and equipment that are not of a type that has been approved as permissible equipment.

Notice of Intention.

RULE 4. (a.) Notices of intention shall be sent to the Inspector New installation.. and the Electrical Inspector on the prescribed forms, as follows, namely:—

(i.) Notice of intention to introduce apparatus into any mine, or into any ventilating district of a mine : Notice of intention to introduce or reintroduce electricity into any mine where the use of electricity has been prohibited under Rule 8 (6).

(6.) If the Inspector and Electrical Inspector do not object in in.pcctor'» obligation. writing, within one calendar month from the receipt by them of

265

Approved apparatus

("•) Rein traduction of electricity.

sm^»^"" "-sv- ""v* *•* ^*.

CHAP. 54 M T N B S R E G U L A T I O N , C O A L . 12 GEO. 6

the notice to the carrying-out of either of the intentions specified in the notice under paragraphs (i.) and (ii.), the owner shall be entitled to carry out such intentions.

(c.) This rule does not apply to telephone and signalling apparatus. '

Notices to Workmen.

Notice-signs.

Unauthorised handling.

Extinguishing electrical fires.

Instructions on communications

Rescuing electric-shock victims.

Warning- notices.

RULE 5. The following notice-signs, of sufficient size and constructed of durable material, shall be effectively exhibited where necessary:—

(a.) A notice prohibiting any person, other than an authorized person, from handling or interfering with electrical apparatus :

(£>.) A notice containing directions as to procedure to follow in case of electrical fire shall be exhibited in every place containing apparatus other than cables, telephones, and signalling apparatus:

(c.) A notice containing instructions how to communicate with the person appointed under Rule 9 (e) shall be exhibited at the entrance to the mine in the case of a mine entered otherwise than by shafts, and in the case of a mine entered by shafts, at the shaft-bottom :

(d.) A notice containing directions for procedure to rescue persons in contact with live electric conductors and for restoration of persons from the effects of electric shock shall be exhibited in each generating-station, sub-station, or place to which Rule 5 (a) applies:

(e.) A notice warning of danger and indicating highest voltage in use shall be posted near live electrical equipment where necessary.

Reports and Returns.

Monthly report.

Particulars of apparatus.

Particulars of cables.

RULE 6. (a.) The chief electrician of each mine shall submit monthly to the mine manager a report covering the condition of all electrical apparatus and equipment installed and in use in the mine, and the manager shall forward a copy of this report to the Electrical Inspector when required.

(6.) An annual return giving the size and type of apparatus and any particulars that may be required shall be submitted to the Electrical Inspector on or-before the twenty-first day of January of every year.

(c.) An annual return giving the condition and insulation tests of all underground cables shall be submitted on prescribed form to the Electrical Inspector on or before the twenty-first day of January of every year.

266


Supervision of Electrical Systems.

RULE 7. (a.) The owner, agent, or manager of each mine owner, agent, where electrical energy is utilized shall appoint, in writing, a m*nMrer-fully qualified person to act as chief electrician of the mine, and such person shall have full and responsible charge of all electrical equipment installed or operated in or about the mine, and he shall be given such assistance as is required for the efficient performance of his duties by the appointment, in writing, of an assistant or assistants.

(6.) The chief electrician or a duly appointed qualified assis- chief electrician. tant shall be in attendance at the mine on every working-day, and shall be responsible for the maintenance, routine inspection, testing, repair, and operation of all electrical apparatus and equipment in the mine, including the testing of grounding-conductors and metallic covering for continuity, also for the examination and testing of all new apparatus and of all apparatus re-erected in a new position in or about the mine before it is put into service in the new position: Provided that in the absence of the electrician for more than twenty-four hours the manager shall appoint a competent substitute in writing.

(c.) The chief electrician shall keep at the mine a log-book, Logbook. made of daily log-sheets, kept in the prescribed form. The said log-book shall be produced at any time to an Inspector on his request.

(d.) Electrical-utilization equipment, as well as generating suppiy-sution equipment, if enclosed in a separate room that is inaccessible to unauthorized persons, and that when in service is under the control of a qualified electrical operator whose attention is not distracted by other processes, shall be considered as electrical-supply station equipment, and the general rules for supply-stations shall apply to these installations.

(e.) No person, other than a person authorized by the owner, prohibition aea.n.t manager, or superintendent, shall enter an electrical-supply wppl1"fteS.cetc. station or interfere with the workings of any machine, transformer, motor, or apparatus connected therewith, and when an authorized person is not present the door of such room shall be kept securely locked.

General Requirements.

RULE 8. (a.) All electrical equipment shall be of such con- Arr»ng«mumtof struction and so installed and maintained as to reduce the life p\u r«™tacic». and fire hazard as far as practicable.

(b.) (i.) Adequate working-space and means of access clear workin*-.pa™. of all obstruction and free from danger shall be provided and maintained about all electrical equipment.

267


Electrical equipment and apparatus.

Insulating materials.

Insulated from ground.

Ground-detector.

Switeh-eear at entrance to mine.

Cut-off switch.

Room or junction-box underground.

Junction or splice boxes.

Where required.

(ii.) Where adjacent to exposed live parts, such working-spaces shall be so arranged that they will not be used as passageways.

(iii.) All handles intended to be operated shall be conveniently placed for that purpose.

(iv.) The working-spaces shall have at least the minimum dimensions required by the Canadian Electrical Code.

Construction of Electrical Systems.

RULE 9. (a.) (i.) All electrical machines, apparatus, and circuits in any mine shall have sufficient capacity and satisfactory electrical characteristics and regulation for the work they have to do or the purposes for which they are employed.

(ii.) All electrical equipment and apparatus shall be constructed, installed, protected, operated, and maintained in a safe and proper manner to meet the approval of the Inspector.

(6.) All insulating materials employed on the system shall be suited to their service and to the conditions of operation.

(c.) Every part of a system shall be kept adequately insulated from ground, except as indicated in the Canadian Electrical Code.

(d.) Satisfactory means shall be provided and maintained for indicating insulation defects on ungrounded systems.

(e.) Properly constructed and installed switch-gear shall be provided in mine services at the surface for cutting dead all underground power and lighting circuits, and during the time such circuits are alive a person authorized to operate the switch-gear shall be available and within easy reach thereof.

(/.) An efficient switch, suitably placed, shall be provided for cutting off all electrical supply from every part of a system as may be necessary.

(g.) At all underground stations where any cable transmitting power at a potential exceeding three hundred volts leaves the shaft, a room or junction-box shall be provided into which the cable shall be run.

(h.) (i.) Junction-boxes on any cable transmitting power at a potential exceeding three hundred volts shall not be located in any shaft or attached to any timbers at a shaft-station or in a head-frame.

(ii.) Splice-boxes for cable extension in a shaft shall be of a type approved by the Inspector.

Control and Protective Devices.

RULE 10. (a.) Reliable means to disconnect automatically, from the system, feeders, sub-feeders, branch circuits, motors, or any energy-using or -transmitting apparatus shall be provided as may be necessary to prevent danger or damage to system equipment from overload, insulation failure, or short-circuits.

268


(6.) All control and protective devices shall be readily and safely accessible to authorized persons; they shall be so located, labelled, or marked as to afford means of identifying circuits or equipment supplied through them, and they shall be so installed, where practicable, that they cannot close by gravity, and such switches as close by gravity shall be provided with a proper stop-block or latch to prevent accidental closing.

(c.) Suitable switches shall be inserted in all circuit leads to generators, motors, transformers, storage-batteries, electric furnaces, and similar equipment, except between components of apparatus intended to operate as a unit.

(d.) Suitable circuit-breakers and disconnectors shall be inserted in all feeder-conductors connecting utilization installations to service connections from either overhead or underground lines, and these circuit-breakers and disconnectors shall be readily accessible and as close as practicable to the point of connection with the overhead or underground lines.

(c.) Switches or plug-connectors shall be placed in all circuit leads at the point where temporary wiring or portable conductors are connected to the permanent wiring.

(/.) Disconnectors shall be of suitable voltage and ampere rating for the circuit in which they are installed, shall be accessible only to qualified persons, and shall be protected by signs warning against opening the switch while carrying load current.

(g.) All disconnectors controlling apparatus shall be locked or plainly tagged in the open positions to prevent the inadvertent closing thereof while work is being done on the apparatus.

(h.) A control device for every motor shall be so arranged as to disconnect or cut off all supply to the conductors feeding the motor, and so placed as to be easily accessible to the person appointed to operate the motor.

(J.) Switchboards and panelboards shall have all switches arranged so that the means of control are readily accessible to the operator.

0".) Switchboards shall be so placed that the person operating them will not be endangered by machinery or equipment located near the board, and adequate illumination shall be provided.

(k.) AH switchboards and panelboards having exposed current-carrying parts operating at over one hundred and fifty volts to ground shall, when practicable, be suitably encased in locked cabinets, screens, or rooms to make them inaccessible to other than authorized persons.

(I.) Each branch circuit inside a mine shall be controlled by an independent circuit-breaker, and, if required, such circuit-breakers shall be of an approved typo.

269

General requirement* of switches.

Switches required for equipment.

Switches required in feeders.

Switches for temporary wiring.

Disconnectors.

Locking or tagging switches.

Motor control devices.

Switchboards.

Access to switchboards.

Guarding of switchboards.

ftr&nch circuits.


Type of «witch.

Flame-proof enclosure.

Conductors.

Requirements.

Permission required.

Further provisions.

Fire-proof instillations.

Hlih system voltase.

(w.) (i.) AH switches used for high or extra-high system voltages in any mine shall be of the oil type and, if required, shall be of an approved type.

(ii.) All switches used for low or medium system voltages where oil switches are not required shall be of the externally operated type and, if required, shall be of an approved type.

(w.) Where there may be risk of igniting gas, coal-dust, or other inflammable substances, all current-carrying part3 of the system apparatus shall be so enclosed in a flame-proof enclosure and protected as to effectively eliminate open sparking.

(o.) Where there may be risk of flash or spark from electrical-system apparatus igniting gas or coal-dust mixtures with air, all conductors shall be installed, insulated, enclosed, guarded, or protected to meet special inspection approval consistent with the principle involved in the construction of permissible equipment.

Guarding or isolating Live Parts.

RULE 11. In supply-station equipment all current-carrying parts shall be installed to conform with requirements of the Canadian Electrical Code for guarding or isolating live parts.

Transfomier Rules.

RULE 12. (a.) Special permission, in writing, shall be secured from the Chief Inspector before any transformer is placed underground in any mine and before any transformer of over medium voltage is installed in any building in connection with the mine.

(6.) Transformers installed underground shall be of the non-inflammable oil-insulated type, or of the permissible mining type built according to British Standard Specification No. 355 of 1939 with accessory gear when of approved type, or of the dry-core type when insulated with non-inflammable insulating material.

(c.) All permanent electrical installations and transformer-stations shall be made fire-proof.

(d.) Where electrical energy is distributed at a system voltage higher than medium system voltage:—

(i.) It shall not be used without transformation to medium or low system voltage except in fixed machines having high svstem voltage circuits or windings in stationary parts only, and the use of such machines underground shall be subject to special permission and approval :

(ii.) Motors of under thirty-five horse-power capacity shall :>e supplied at medium or low system voltage:

(iii.) All transformers, except those in motor starting controls, shall be of the two-winding type provided with automatic over-current devices on their primary sides:

(iv.) When network connection of two or more transformer secondary windings is employed, automatic over-current

270


Earth contact resistance.

Size of grounding conductor.

devices shall also be provided on the secondary side of all transformers so connected,

(e.) No material or equipment of any kind, other than that Transformer-vault». essential to the proper operation and safety of the transformer installation, shall pass through or terminate in a transformer-vault. This includes air-lines, air-ducts, water and steam lines.

(/.) Transformer-stations on the surface shall be of fire-proof surface installation. construction or shall be isolated so as to obviate the risk of fire to other combustible buildings.

Grounding.

RULE 13. (a.) All metallic parts of electrical apparatus and Grounding system equipment that are normally dead and insulated from live p™teUrren carrj,n

or current-carrying parts of the system unless efficiently protected by a grounded or insulating covering made of fire-resisting material shall be adequately grounded by connection to a grounding system above ground near the entrance to the mine.

(6.) The armour and lead sheaths of armoured cable shall be Armour and lead used as or form part of the grounding-circuit.

(c.) The combined earth contact resistance of a mine grounding network shall not exceed six ohms.

(d.) A grounding-conductor shall have a conductance of not less than half that of the largest conductor in the circuit with which the grounding-conductor is associated, excepting that the grounding-conductor for the exposed non-current-carrying metal parts of portable equipment shall not be smaller than the power conductors.

(e.) For electrical equipment, the current-carrying capacity of the grounding-conductor shall not be less than that required by the Canadian Electrical Code.

(/.) No fuse, switch, circuit-breaker, or other circuit-opening circuit-opening device device shall be placed in any ground connection, except that approved terminals with links secured by bolts or cap-screws may be provided to facilitate measurement of ground resistances.

Transmission-circuit Conductors.

RULE 14. All insulated wires and cables, other than flexible Tn.nsmission-cim.it cables for portable apparatus and signal-system wires or cables, conductors-shall comply with the following requirements:—

(a.) They shall be covered with insulating material of thick- in-.uiat.-on. ness, dielectric strength, and physical properties suited to the conditions under which they are used, except that the outer conductor of a concentric system may be bare:

(6.) Steel-wire armoured self-supporting cables shall be in vertical used in all cases where cables are suspended in vertical *u,"on,1<,n-bore-holes and shafts:

271

Current carrying capacity.

prohibited.

http://Tn.nsmission-cim.it

http://in-.uiat.-on

CHAP. 54 MINES REGULATION, GOAL. 12 GEO. 6

Fxotcetiom.

Supporting.

In romdwxr*.

Armoured cable.

Teraiiiali of feed-Jin».

ProTiiiou to cue of ritk of inSsanublc nuterUb-

Conneetions.

Centra! reqairemcnU.

Stnnda-d •abl*.

Minfmum-«ixe taudQctav.

Crmindinff inductor-

(c.) They shall be protected by lead sheaths, metal coverings, wire or steel-tape armour, or by several of these means, as may be required to ensure safe and reliable operation as recommended by the Canadian Standards Association:

(d.) They shall be efficiently protected from mechanical damage and supported at sufficiently frequent intervals and in such a manner as adequately to prevent danger and damage to the cables :

(e.) The installation of unprotected lead-sheathed cables is prohibited:

(/.) They shall be further protected, if necessary, by installation in ducts, trenches, or other means to ensure safety from mechanical injury by traffic and the hazards of mine activities, especially where the roadway conveying the cables is also u«ed for mechanical haulage:

(g.) When electrical energy is transmitted in a mine at a voltage higher than low system voltage, wire-armoured or double steel-tape armoured cables shall be used:

(A.) No terminals cf main, feeder, or branch circuits shall be located nearer any coal-face than fifty feet:

(i.) Concentric cables, or two-core or multi-core cables protected by metallic covering, which shall contain all the conductors of the circuit, or single-core cables protected by a metallic covering, shall be used where there may be risk of igniting gas, coal-dust, or other inflammable materials:

(;.) Wires and cables that are connected to or from parts of apparatus shall be provided with such bushings, glands, or packed stuffing-boxes as may be needed to make entrances of conductors to comply with permissible condition.

Flexible or Trailing Cables.

RULE 15. (c.) '-upply circuits to transportable and portable electrically operaLet' machines used underground in any mine shall have all the'r conductors, including a grounding-conductor, contained in one flexible» cable.

(ft.) All su"!i flexible cable? shall have thei»- copper conductors stranded to conform with currently accepted practice for such cables.

(r.) The minimum size of power-conductor in a flexible cable for transportable equipment shall be No. 10 B. and S. gauge and for portable ejuipment No. 16 B. and S. gauge.

(d.) When required, flexible cables shall contain a grounding-conductor having a minimum of sixty per centum of the area of

272


the largest power-conductor interstitial grounding-conductors having a total conductance of not less than sixty per centum of the largest power-conductor. The minimum size of any grounding-conductor shall be No. 16 B. and S. gauge.

(«.) (i.) When used with medium system volume, flexib'j Nonmagnetic «r«»n. cable shall be provided with a flexible non-magnetic screen to enclose the live conductors co nprised in the cable collectively or to enclose live conductors comprised in the cable individually.

(ii.) A collective screen shall have a conductance of not less than half that of the largest live conductor enclosed thereby.

(iii.) Each individual scram shall have a conductance of not less than one-quarter of th;,t of the live conductor enclosed thereby.

(/.) When medium system voltage is used, flexible-cable cir- Ground i«k»eo. cuits shall be provided with ground-leakage protection so that the circuit shall be automatically isolated if the earth-leakage current exceeds ten per centum of the rated current for the circuit or five amperes, whichever is greater.

(g.) Flexible metallic coveing shall be provided for flexible ueuihe «1«™*. cable if necessary to withstand service conditions.

(A.) Each flexible trailing cable to a transportable machine switch>tpoint shall be provided at its point of supply with a switch or an <,,*upp

equivalent disconnecting device approved for the conditions of service and in accordance with rules governing electric-power systems, and shall be further provided with an automatic over-current device on such switch or disconnecting device.

(/.) The trailing cable of a jiortable machine and transportable i-miim*«bie. machine shall be kept under otaervation by the machine operator and his assistant or assistants, and shall not be dragged so as to cause mechanical injury to the trailing cable by strain or accident.

(/.) All permanent repairs ;o damaged trailing cables shall be Perm..ient r»P«ir.. made in the repair-shop, and shall be examined and tested by the shop foreman before the trail-' g u. ' le is again put into service.

(k.) Flexible cables, when in use and when hela as spare Protection«nd cables, shall be adequately piotected from mechanical damage c<" nE' and, except when extended fcr use, shall be properly coiled in a figure " 8 " or on a drum.

(I.) The person authorized to operate an electrically driven con.unt.upervi.ion portable or transportable machine shall not leave the machine aurin" ope"Uon-while it is working and, before leaving the place, shall see that the pressure is cut off from the flexible trailing cable that supplies the machine.

(m.) (i.) Every flexible cable shall be examined at least once E«min«tion. in every fourteen days by th>s electrician and, if used with a portable or transportable macr ine, at least once in each shift by the person authoiized to ope-ate the machine, and a correct

273

http://con.unt.upervi.ion

CHAP. 54 MINKS REGULATION, COAL. 12 GEO. 6

Maximum voltage alowed.

Hand-beM routing tools.

Transportable equipment on «urfaee.

Inspectton of complete powir «yjtem.

Conditio» required for repair-work.

Real rittion of elef'rlr lighting.

Volt» je.

Emors -nrj lighting.

report of each inspection shall be made immediately in a book kept at the mine for that purpose.

(ii.) If a flexible cable is found damaged or defective, it shall forthwith be replaced by a spare cable in good and substantial repair.

(iii.) The damaged or defective cable shall not be used underground until after it has been properly repaired.

Portable and Transportable Machines.

RULE 16. (a.) No transportable machine supplied by flexible or trailing cables shall operate at a voltage higher than medium system voltage, but a potential higher than three hundred volts shall not be used for operating portable electrically operated machines.

(d.) Electric drills and other portable electrically operated rotating tools intended to be held in the hands while being operated and, where feasible, post drills shall have the electric switch so constructed as to break the circuit when the hands release the switch.

(c.) Higher voltages may be used on transportable equipment, operated on the surface, by special permission in writing from the Inspector.

Electric-power Systems.

RULE 17. (a.) The utilization equipment of a mine shall receive routine inspection by mine electricians, or other competent persons authorized by the mine manager, at least once weekly, and a written report on such inspection, entered in a book kept for the purpose, shall be made to the mine manager. Special attention shall be given to permissible condition of equipment.

(6.) All repair and adjustment to, or replacement to, portable and transportable electrical equipment shall be made with the apparatus disconnected from the system and electrically dead, and the electrician in charge of such work shall satisfy himself that the place in which such work is being done is free from gas.

Electric-lighting Systems.

RULE 18. (o.) No part of an electric-lighting system shall be extended into any part of a mine where permissible equipment is required or where there is danger of explosion from gas or coal-dust unless such equipment is of an approved type.

(b.) Lamps shall not be connected to circuits operating at over one hundred and fifty volts to ground.

(c.) In all places lighted by electricity where a failure of the electric lisrht would be likely to cause danger, one or more safety-lamps or other lights shall be kept readily accessible.

274


(d.) No part of the equipment of a mine lighting system shall s*p«i>-orr«n<m»iof , , . , , . . - , . • i • electrical equipment.

be opened or taken apart for examination, removal, or repair unless that part of the system has been disconnected from its supply and made dead, and precaution shall be taken to ensure that such part of the system will not be energized so long as any apparatus is opened or improperly assembled.

(e.) If any part of a lighting system or its connected lighting Def«u»eH£hti>nr equipment is found to be damaged or defective, that part shall not be used until it has been replaced or repaired by an electrician.

(/.) Circuits must be dead before opening fixtures for Rdmmpine-relamping.

Telephone and Signal Systems.

RULE 19. (a.) Efficient telephonic or other equivalent means Telephonic of communication shall be provided between the place in which coaua'""e*,on-the switch-gear required under Rule 9 {«) is erected and the shaft-bottom or main distributing centre in the mine.

(6.) Mine telephone-system circuits shall not be extended into Restriction», any part of a mine where permissible equipment is required unless the telephone equipment so used has been tested and approved.

(c.) No mine electric-signal system shall be installed in or signal syku™. extended into any part of a mine where risk of explosion of gas or coal-dust exists unless such signal equipment is approved apparatus.

(d.) Where electricity is used for signalling, current from iT«of electricity lighting and power circuits shall not be used, except by permis- for 8i*n"1Un«-sion in writ ing from the Electrical Inspector.

(e.) V/here electrical signalling systems other than telephone Eicctrici .iifn.nimt systems are used in a mine, the signal-system voltage shall not exceed twenty-five volts.

system».

Operation of Electrical Apparatus.

RULE 20. (a.) Adequate precautions shall be taken by ground- ch«nred d«tri«i ing or other suitable means to discharge elecîcally any conduc- eQalpmcn'-tor or apparatus, or any adjacent apparatus if there is danger therefrom, before it is handled and to prevent any conductor or apparatus from being accidentally or inadvertently electrically charged when persons are working thereon.

(6.) If there is a fault In any circuit, the part affected shall F»UII». be made dead without delay, and shall remain so until the fault has been remedied.

(c.) (i.) All apparatus shall be kept clear of obstruction and ob>tru<-ti<m m free from dust, dirt, or moisture to the extent required for its •pl>*^'lu• efficient and safe operation.

275 10


Examined for methane gaa.

(ii.) Inflammable or explosive material shall not be stored in any room, compartment, or box containing apparatus or in the vicinity of apparatus.

Mine «nutation. («£.) (i.) In any part of a mine, if for any reason the normal mine ventilation as stopped, all electrical machinery in that part of the mine shall be immediately stopped and the electrical equipment therein disconnected from the power system.

(ii.) Such electrical equipment shall not be energized until normal ventilation has been resumed and the mine reported free from gas.

(e.) In a gaseous mine where electrical energy is used for power for portable or transportable machines, the machine operator shall examine his working-place for methane gas several times during his shift.

Shot-firing.

RULE 21. (o.) Current from lighting or power circuits shall not be used for firing shots.

(6.) When blasting is being done, the current shall be cut off and the cables made dead in the vicinity, and the current shall not be switched on again until blasting is finished and the places are examined and pronounced safe, and the cables have been examined and found free from any defects that may cause accidents or other damage.

Type of conductor. (<*•) ('•) Shot-firing cables shall be stranded copper, two-

conductor, rubber-insulated cables, each conductor having a copper section of not less than that of No. 16 B. and S. gauge wire.

(ii.) The rubber-insulated conductors shall be enclosed in a rubber or water-proofed braid protective covering.

(iii.) Such cables shall be continuous and shall extend .Vom the terminals of „ne firing apparatus to a point as close to the blasting-zone as possible.

(iv.) The blasting-cable shall be kept properly insulated and serviceable by the shot-flrer.

Lighting; and power circuits.

Current to be cot off.

Surface equipment

Guarding.

I^jcation

.Vi.n<urr»nt-carrjrln» parta entering mine.

Lightning-protection.

RULE 22. (o.) Protection of the surface electrical equipment of any mine from direct strokes of lightning and inductive effects of lightning-discharges shall be effectively provided.

(b.) Lightning-arresters on circuits above three hundred volts, unless effectively isolated by elevation, shall be adequately guarded so as to protect persons from inadvertent contact with them, or from injury by arcing.

(c.) Lightning-arresters shall be located as far as practicable from all other equipment and from all combustible materials.

(rf.) Where there exists special danger of the mine head-frames, pipe services, tracks, cables, or other such non-system

276


conductors that enter the. mine being struck or charged by lightning, such services shall be protected at the surface by guard-wires or guardsatructures grounded by low-resistance grounds as for lightning-arresters.

(c.) Where there ex'sts danger of the mine electrical system underground wim». becoming charged by lightning-discharges, suitable lightning-arresters shall be installed as near as practicable to where the transmission cable (or cables) enters underground.

Fire-protection.

RULE 23. (a.) (i.) Fire-extinguishing devices approved for Fire-extineuisMne electrical fires shall be provided and maintained in condition for eT ces' immediate use on the surface and underground.

(ii.) They shall be conveniently mounted at or in every place containing supply-station equipment, switch-gear involving oil or open wiring, and all such other stationary apparatus having inflammable insulation or parts that can support combustion once ignited.

(iii.) The use of carbon tetrachloride extinguishers shall be restricted to well-ventilated places because of toxic gases liberated.

(6.) Fire-buckets of suitable capacity, filled with clean, dry Fire-bucken. sand, ready for immediate use in extinguishing fires, shall be kept in every place containing apparatus other than cables, telephone and signalling apparatus.

(c.) All permanent supply-station equipment underground Fireproof shall be of fire-proof construction. «m,tru<-u<m.

Mine Electrical Plan.

RULE 24. (a.) The owner, agent, or manager of every mine Min*ei«triM]pi.n in which electricity is used underground shall keep in the office " n°" at the mine a correct plan on the same scale as that required to be kept at the mine in fulfilment of the requirements of the " Coal-mines Regulation Act," showing up to date, not more than three months previous, the following:—

(i.) The position of all fixed apparatus in the mine: (ii.) The position of all station equipment, with pertinent

ratings noted or referenced: (iii.) The routes of all power and lighting feeders and branch

feeders, end grounding systems: (iv.) The position of all power and lighting feeder service.^,

switches, and cut-outs, with pertinent ratings noted or referenced:

(v.) All power and lighting branch services, with ratings of cut-outs noted or referenced.

277

's^:t^^^l^^Ba^t^lT^â


Power «id Ughtlnc feeder circuits.

WS1

Electric hobt*.

Chief Inspector'» concent required for locomotive*.

BeUerr-locomotiTe.

Head-Ughta.

Charrin^-romi.

Ventilation.

Special ruin to be mlnblUhed i t each mino.

(6.) (i.) Power and lighting feeder circuits shall be shown as for single-line diagram and may be combined when properly noted or referenced where they follow a common route.

(ii.) Details to suitable scale 8hall be used to show the p jsition of branch circuit services and outlets.

(iii.) Telephone and signal apparatus shall not be shown on the plan, but shall be shown in diagram by separate drawings.

(c.) A copy of the electrical plan shall be submitted to the Electrical Inspector upon each correction, or to him or his assistants at any time on their request.

Electric Hoists and Transportation.

RULE 25. (a.) All electric hoists shall be installed according to the rules of the Canadian Electrical Code, except when exemption is granted by the Chief Inspector.

(6.) Electric locomotives may only be used in a mine for haulage with the consent in writing of the Chief Inspector.

(c.) Only permissible battery-locomotives shall be used where there is risk of ignition of gas or coal-dust.

(d.) Where there is risk of ignition of gas or coal-dust, only permissible-type head-lights shall be used.

Storage-batteries and Charging-stations.

RULE 26. (a.) Storage-batteries during charging period shall be placed in special rooms or enclosures used for no other purpose and inaccessible to other than authorized persons. If batteries are of the enclosed type, switchboards and control equipment may be installed in the same room.

(6.) (i.) Storage-battery rooms or enclosures shall be thoroughly ventilated with intake air in such a manner that the air passes from the battery-racks direct into the return airway.

(ii.) Provision shall be made for sufficient diffusion of the gases from the batteries to prevent the accumulation of an explosive mixture in the battery-room.

Exemption. RULE 27. Any of the foregoing requirements of these regula

tions shall cease to apply in any case in which exemption is obtained from the Chief Inspector on the grounds either of emergency or special circumstances, on such conditions as the Chief Inspector prescribes.

SPECIAL RULES.

70. In order to facilitate the implementing of the provisions of this Act and to assure the safety of the personnel, special rules shall be established at each mine where more than thirty men are employed for the information and guidance of the officials and

278


workmen employed thereat. These rules shall be such as may be reasonably considered as making adequate provisions for the prevention of accidents and the maintenance of proper discipline in the particular circumstances of the mine. Nothing contained in the special rules shall be of such a nature as to conflict with any of the provisions of this Act. When established, they shall be observed to the same extent and in the same manner as if they were part of the Act.

7 1 . Within the three months following the commencement of proPosed special ruu» work for the purpose of opening a new mine, or of renewing ^«tor i t l e d t o

operations at an old one, the owner, agent, or manager thereof shall frame and submit to the Inspector a set of special rules proposed as applicable to the mine.

7 2 . The proposed special rules, with any additions or amend- postin* of proposed ments that the Inspector suggests, shall be posted for not less ,pec,al rulra" than two weeks at a conspicuous point at or near the mine-entrance. They shall be accompanied there by a notice stating that any objections to the proposed rules, on the ground of anything contained therein or omitted therefrom, may be sent, by any person employed in or around the mine, to the Inspector, whose address shall be given in the notice aforesaid. A certificate by the owner, agent, or manager, to the effect that the provisions of this section have been observed in their entirety, shall be sent to the Inspector with the proposed rules, and the Inspector shall immediately forward the statement and a copy of the rules and all objections thereto to the Chief Inspector.

73 . If the Chief Inspector considers that the proposed special Establishment of rules are sufficiently comprehensive and are well adapted to the ,I,cc,al ruIe*-

circumstances of the operation at which they are to be applicable, they shall be submitted to the Minister for his approval, and upon this being given, they shall be declared established.

74. If the Chief Inspector considers that the proposed special chief inspector may rules, or any one of them, do not make sufflcient provisions for and^^wed'*1 ^1™ the safety of the persons employed in or about the mine, are not modiflc,ulon*-in accordance with the Act, or are unreasonable, he may, within forty days after they have been received, make whatever modifications he thinks necessary in the form of alteration, substitution, addition, or omission, and he shall notify the owner, agent, or manager in writing that such modifications have been made.

75. If the owner, agent, or manager of the mine does not ic«ubu.hm«ntof object in writing to the modifications made by the Chief Inspector m ™ **' within the twenty days immediately following the receipt of the

279

CHAF.54 MINES REGULATION, COAI». 12 GEO. 6

Modification* may be referred to Chief Inspector for reconsideration.

Owner, etc., may propose amendments to special rales.

Chief Inspector may propose amendmenta.

Publication or feoeral and special roles.

communication informing him of their nature, the proposed special rules, With the modifications aforesaid, shall be declared established if approved by the Minister.

76. If the owner, agent, or manager of the mine objects to the modifications made by the Chief Inspector, he shall, within twenty days, notify the Chief Inspector and ask for a reconsideration of the modifications. The Chief Inspector and the Inspector to whom the special rules were first submitted shall review the rules and modifications, and their decision, if approved by the Minister, shall be final.

77. After special rules have been established under this Act at a mine, the owner, agent, or manager from time to time may propose in writing to the Chief Inspector, for approval by the Minister, amendments or additions to the special rules; and the provisions of this Act regarding the establishment of original special rules shall be applicable to the proposed amendments or additions.

78. The Chief Inspector from time to time may propose amendments or additions to existing special rules, and the provisions of this Act respecting modifications made by the Chief Inspector, in the case of original special rules, shall apply to the enactment of such amendments or additions.

79. For the purpose of making the provisions of this Act and those of the special rules known to the persons employed in or about each mine, the general rules (being section 65) and the special rules applicable to that mine shall be published as follows:—

(«,) The owner, agent, or manager of the mine shall cause a copy of the general rules, with the name and address of the Inspector and those Of the owner or agent and of the manager appended thereto, and a complete copy of the special rules in legible characters to be posted in a conspicuous place at or near the mine where they may be read conveniently by the persons employed, and shall cause them to be replaced without undue delay when» ever they become defaced, obliterated, or destroyed:

(b.) The owner, agent, or manager shall supply a printed copy of the special rules, gratis, to each person employed in or about the mine who applies for such copy at the office at which the persons so employed are paid:

(c.) The text of the special rules, posted or distributed in compliance with the provisions of this section, shall be limited exclusively to that approved by the Minister.

280


80. No person, without proper authority, shall destroy, jamming B<»ter«, damage, remove, or deface any copy of proposed or established J ™ » ^ " special rules, or any notice, abstract, or mine-plan posted in compliance with the provisions of this Act respecting special rules.

8 1 . When requested to do so, every Inspector shall certify c«rUBedeopyof what 's shown to his satisfaction to be a true copy of the special SSSmcS,tatobe

rules established under this Act, for the time being, at any mine. Without excluding other proof, a copy so certified shall be evidence of the fact that the said special rules have been duly established under the Act.

PART XI.

RESCUE-WORK.

82. The owner of every mine shall cause to be provided and s«ir-«>«.t»in«j maintained at the mine such mine-rescue apparatus as the Chief br"thin«»p',»r«"* Inspector by order directs. All apparatus so provided shall be continuously maintained in an efficient and workable condition, and shall be so stored or placed in or about the mine as to be always available for immediate use.

83 . (1.) The Minister may from time to time establish mine-rescue stations for the purpose of supplementing, in case of need, the mine installations of mine-rescue apparatus, and also for the purpose of training the holders of certificates of competency under this Act in the use of such mine-rescue apparatus; and it shall be incumbent on the owner, agent, or manager of every operating mine to have all certificated official.** who are physically fit, and not le.-fs than three per centum, or such number as the Chief Inspector deems sufficient, of the workmen, trained in the use of the mine-rescue apparatus.

(2.) In cases of emergency the station shall be available for the use of any trained corps of mine-rescuers, duly qualified medical practitioners, or corps trained in the work of first aid to the injured, subject always to the order of an Inspector.

Mitie-r««cue stations.

PART XII.

OFFENCES AND PENALTIES.

84. (i.) The owner, agent, and manager of any mine shall be iu»p«i.»iwm> ..r responsible for strict compliance with the provisions of this Act ZXZiS!**'' " d

and with those of all rules, regulations, or orders made or issued under the Act in the operation of the mine, and every overman,

281


shiftboss, fireboss, and department head shall take all necessary precautions to enforce the requirements of all such rules and regulations and orders as are applicable to the work over which he has supervision, and to ensure that the same are observed by the workmen under his charge or direction.

(2.) In the event of the commission of an ofience against this Act by any person whomsoever, if that person is found guilty of the offence, then the owner, agent, and manager shall each be deemed guilty on summary conviction of that offence, but it shall be a defence on the part of any on*s of them if he proves that he bad taken all reasonable means of preventing the commission of the offence. The owner or 4gent shall not be deemed guilty if he proves:—

(o.) That he was not in the habit of taking any part in the management of the mine and did not so take part in respect of the matter in question, and

(b.) That he had made all hnancial and other provisions necessary to enable the manager to conduct the operations in a manner complying fully with the requirements of this Act; and

(c.) That the offence was committed without his knowledge, consent, or connivance.

(3.) Except as hereinbefore provided, the appointment of a manager in accordance with the requirements of this Act shall not be admitted as a defence in any proceedings brought against the owner of a mine, or the agent of such owner, under the provisions of this section.

ribfttataaunti 85. Any person who either makes a false statement knowingly SSS^te]*1*™™* , a in a report or entry recorded in compliance with the requirements

of this Act in any book kept at a mine or instigates the making of such false statement shall be liable, on summary conviction, to imprisonment with or without hard labour for a term not exceeding two years.

P«MIH«. 86. Whoever fails to comply with the provisions of any section of this Act, or contravenes any rule, regulation, or order made or issued by authority of the said Act, shall be guilty of an offence against this Act and, unless some other penalty is prescribed elsewhere in this Statute, shall be liable, on summary conviction, to a fine not exceeding one thousand dollars for each offence in the cate of hn owner, agent, or manager, or a fine not exceeding one hundred dollars in that of any other person. If written notice of such offence has been given by the Inspector to the owner, agent, or manager, then the owner, agent, or manager shall be liable to a ''irther penalty, not exceeding one thousand dollars and not less than one hundred dollars, for every day on

282


which the said offence continues to be committed after the receipt of the notice aforesaid. In similar circumstances, any other person employed in or about the mine shall be liable to a further penalty not exceeding fifty dollars for every day on which the offence continues to be committed.

87. If the owner, agent, or manager of a mine, or a person impriwnmcnimari* employed in or about a mine, is guilty of an offence against this ",fl,cU<1-Act that, in the opinion of the Justice before whom the case is tried, was of such nature as to endanger the safety of any person, or persons, employed in or around the mine, and that was committed wilfully, through the personal act, default, or negligence of the person accused, such person shall be liable to imprisonment, with or without hard labour, for a period not exceeding three months if the Justice is of the opinion that a pecuniary penalty would not meet the circumstances of the case.

88. No prosecution shall be instituted against the owner, proc*dini« «»in*i agent, or manager of a mine for any offence under this Act except ^^^caKOT

by an Inspector or with the consent in writing of the Minister; and in the case of any offence of which the owner, agent, or manager of a mine U not alleged to be personally the perpetrator, an Inspector shall not 'nstitute any prosecution against the owner, agent, or manager if satisfied that he had taken reasonable means to prevent the commission of the offence.

89. A person who is a miners' union official, or the owner, Ceru,„ ^^^ mJ

agent, or manager of any mine, or any person holding stock or otc^ruSVUm^rf directly interested in such mine, or the father, son, or brother J"-'^":"0"-of such official, owner, agent, or manager, shall not sit as a Justice on the trial of any person charged with an offence against this Act.

fl>0. All penalties imposed in pursuance of this Act shall be ivn.itiw u. i» i.»id paid into the Provincial Treasury. T™'q™.incU1

Payment of Expenses.

0 1 . It shall be lawful for the Lieutenant-Governor in Council EXP™.C etc.. to authorize the payment of all costs, remuneration, and expenses coMoHd«ied R«v.na». of and incidental to the carrying-out of the provisions of this Act from the Consolidated Revenue Fund.

Regulations.

02. (1.) The Lieutenant-Governor in Council may make regu- ROBUUUOM. lations and forms for carrying out the provisions of this Act, and such regulations shall, upon publication in the Gazette, be deemed part of this Act.

283

CHAP. 54 MINKS REGULATION, COAL. 12 Gm. 6

Repcali.

(2.) All regulations made under the authority of thin section shall be laid before the Legislative Assembly within fifteen days after the opening of its session immediately following.

03. The " Coal-mines Regulation Act," being chapter 188 of the " Revised Statutes of British Columbia, 1936," and amending Acts are repealed.

94. This Act shall come into operation on the first day of June, 1948.

SCHEDULES.

FIRST SCHEDULE. (Section ts.)

TAKLJB OP MAXIMUM FKES TO BE PAID IN RESPECT OF CERTIFICATES OF COMPETENCY AS MANAGER, OVERMAN, SHIFTBOSS, FIREBOSS, SHOTUGHTKR, OR M I N E SURVEYOR.

By an applicant for examination as manager or overman $10.00 By an applicant for examination as shiftboss, firehose, or shoUighter 5.00 By an applicant for examination as mine surveyor 10.OO For a certificate, or a copy thereof 5.00 By an applicant for a coal-miner's examination 1.00 By an applicant for a substitute certificate .50 By an applicant for examination for interchange of certificates-—

First class _ 25.00 Second class _ _ _ - 20.00 Third class _ 15 00 Mine surveyor 20 00

SECOND SCHEDULE. (Section IS.)

PROCEEDINGS OF BOARD OF EXAMINERS FOR MANAGERS, OVERMEN, FIREBOMBS, M I N E SURVEYORS, AND COAL-MINERS.

1. The Board shall meet for the dispatch of business, and shall from time to time make such regulations with respect to the summoning, notice, place, management, and adjournment of its meetings, and generally with respect to the transaction and management of business, as it thinks fit, subject to the following conditions:—

(a.) All meetings shall be summoned by the Chairman of the Board and shall be held on such dates as are fixed by the Board:

284

< -jamrtzr-,

1948 MINESE REGULATION, COAL. CHAP. 5 4

(6.) An extraordinary meeting nay be held at any time on the written request of two members at the Board, addressed to the Chairman:

(c.) Every question shall be decided by a majority vote of the members. 2. The Eoard shall keep a record of its proceedings, and these minutes

may be inspected or copied by the Minister, or by any person authorized by him to inspect or copy them.

3. Minutes of ali proceedings, a record of all candidates for and the results of (examinations shall be kept in the office of the Board at Victoria, B.C.

4. Examinations for coal-mine officials shall be held at least once in each calendar year in each of the coal-mining districts, or more frequently if the Board considers this necessary.

5. For at least seven days before the holding of each examination for coal-miners, a notice stating the time and place at which the examination is to be held shall be posted at three or more conspicuous points in the vicinity of the said place. Notice of such examinations may be given in any other manner that the Board may deem advisable.

6. The examinations for coal-miners shall commence on the day named in the notice and continue until all the applicants have been examined.

7. Examination fees shall be those shown in the First Schedule. 8. The results of each examination for coal-miners shall be certified under

the hand of at least two examiners in a book kept for the purpose, and a report thereof in the prescribed form shall be forwarded to the office of the Board at Victoria, B.C. An alphabetical list of the unsuccessful candidates at each examination shall be attached to this report.

9. All certificates or testimonials presented by candidates appearing before the Board must be clear and satisfactory. The Board may require additional confirmation or proof of certificates and testimonials.

10. Candidates shall produce their certificates of previous employment when presenting themselves for examination.

11. All fees paid in respect of examinations, certificates, or substituted certificates of competency shall be forwarded to the Treasury at the end of each month, and shall form part of the Consolidated Revenue Fund.

12. Any person claiming to have lost his certificate of competency shall apply to the Board for a substituted certificate, which may be issued upon proof of loss acceptable to the Board being given. The certificate so issued shall have the words " Issued as substituted certificate for No. , satisfactory proof of the loss of same having been given " written upon the face thereof. Any person unable to secure a substituted certificate through the procedure aforesaid shall be treated as a new applicant, and shall be subjected to examination.

13. The charge for a substituted certificate of competency shall be fifty cents.

285

CHAP. 5 4 MINES REGULATION, COAL.

THIRD SCHEDULE.

12 GEO. 6

Avsnucr F*OM BmmsH TAHJC or DISTANCES.

A » « j t or E i n n s m s m M « w o i* M I C J U I K E .

. SCO 1.000 I.O'K) S.«mj 10.000 15.000 20.««« « . 0 0 0 3C.S0O 40.000 L i . Lb. Lb Lb. Lb Lb. L*. Lb. Lb. Lb.

DMuut ta feet la be kept dkw

Htrbwmj. f tna l , pier, open p*a?« of r**wrt. prirate rmx3-w*r

* n r other m a x s s i o * or s w r e for expJox*rea

Pvbtie railway-DvcSifkjr bouse witbaccjpacta'

ro&sent Dwr'Hnc b o a » without ocrc-

p»cta* c o n t e n t , e h j r c h . school, or ether public bcibt-inc where 3**>p.e are w< nt to usetable

ISO t » ' » 0 ' J1I 330 J15 M9 175

J00 <u CM coo CM « 5 TM S«4 »75 1.200

so» 4*9 M0 C7S 7»5 XXI t*0 '.1*2 I.1S3 1.10»

JJO ns J00 » 0 325 «T; 750 8«« »75 l .M»

39C 450 tf>0 950 ' I.STS 2.170 2.550 3.0TS 3.C00 4.575

NOT*.—For quantities ©A«T 1.IW0 lb., the distance* c i i e n may be haUed -rh*Te r f*d prou*c-tkm u r i r r a by artificial mound* clear of. but nt-ar to (car 3 or 4 feel», the r>.dr of the maraxine froni im: the b»ui!dina* or othcY point untk-r c"n»idcrat:*-n ar.<i if very t:^t4 natural protection n afforded, a s bjr • i interrenime hill r»r rise, of croand. the distant*-» may. at the dwcrcCaor of an Inspector, hr reduced to one-*iuarter

IT'- r^l ! T I'WN V, I VHT«HCI.%. c

• K i . i Af *• Kireiicnr \ H

286

Date post:	18-Nov-2021
Category:	Documents
Upload:	others
View:	2 times
Download:	0 times

CHAPTER 54. {Assented to 28th April, 1948]

Documents