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The engineer's signal for men to get on the cage shall be three bells. A whistle may be used at the top of the mine instead of a bell. A copy of the above code of signals shall be printed and conspicuously posted at the top and bottom of the shaft and in the engine room.

See notes to sections 7438, 7439, Burns' R. S. 1901.

Workmen in coal mines who are injured because cages are not covered, may recover damages although they were not ascending or descending in such cages at the time of the injury. Bodell v. Brazil Coal Co., 25 App. 654.

If mine owners or operators do not comply with the statute as to maintaining signals for the elevating or lowering of cages, they will be liable for injuries to workmen caused by such failure, and the workmen do not assume the risk of injury in such cases. Island Coal Co. v. Swaggerty, 159 Ind. 664.

7436. Abandoned mine-Fencing.-8. The entrance of an abandoned mine shall be securely fenced off, so that no injury can arise therefrom.

7437. Scales Weighmen-Inspection.-9. The operator of ahy mine at which the miners are paid by weight shall provide suitable and accurate scales of standard manufacture for weighing of coal which may be procured from such mines; such operator shall be required to keep United States standard weights to test said scales. At every mine where the coal mined is paid for by weight it shall be the duty of the weighman and the check-weighman to examine and balance the scales each morning, and in no case shall any coal be weighed until such scales are tested by the United States standard weights and found to be correct. Said weighman shall accurately weigh and he shall, together with the check-weighman, record the weight of each miner's car of coal delivered, which record shall be kept open at all reasonable hours for inspection of all miner's or other persons pecuniarily interested in the product of such mine: Provided, That if the weighman and check-weighman shall disagree work may continue until the inspector of mines can be present, and any erroneous weights made during such times shall be rectified. When differences shall arise between the weighman and check-weighman, or operator, of any mine as to the correctness of the scales, the same shall be referred to the inspector of mines, whose duty it shall be to see and regulate the same at once. The inspector of mines and miners employed in the mine, the owner of the land and others personally interested in the royalty or rental of such mine shall, at all proper times, have full right of access to and examination of scales or apparatus used for weighing coal in or about said mine, including the bank book in which the weights of coal are kept, to determine the amount of coal mined for the purpose of attesting the accuracy thereof.

7438. Management of engines and cages.-10. The operator shall not place in charge of any engine used for conveying into or hoisting out of any mine any but experienced, competent and sober engineers. The engineer in charge of such engine shall allow no person except such as may be deputed for that purpose by the owner or agent to interfere with it or any part of the machinery, and no person shall interfere, or in any way intimidate the engineer in the discharge of his duties. He shall not permit any one to loiter in the engine room and he shall hold

no conversation with any officer of the company or other person while the engine is in motion, or while his attention should be occupied with the business of hoisting. A notice to this effect shall be posted on the doors of the engine house. He shall thoroughly inform himself of the established code of signals. Signals must be delivered in the engine room in a clear and unmistakable manner, and when the signal is received that men are on the cage he shall speed his engine not to exceed six hundred (600) feet per minute.

7439. Ventilation-Mine boss-Currents of air-Airways.-11. The operator of any mine shall provide and maintain hereafter for every such mine a sufficient amount of ventilation, affording not less than one hundred (100) cubic feet of air per minute for each and every person employed, and three hundred (300) cubic feet per minute for each mule, horse or other animal used in said mine, measured at the foot of the downcast, and as much more as the circumstances may require. It shall be forced and circulated around the main entries, cross entries and working places throughout the mine so that said mine shall be free from standing gas of whatsoever kind to such an extent that the entire mine shall be in a fit state at all times for men to work therein, and will render harmless all noxious or dangerous gases generated therein. Every place where fire damp is known, or supposed to exist, shall be carefully examined with a safety lamp by a competent fire boss immediately before each shift, and in making said examinations it shall be the duty of the fire boss, at each examination, to leave at the face of every place examined evidence of his presence, and it shall be unlawful for any person to enter any mine, or part of mine, generating fire damp until it has been examined by the fire boss and reported by him to be safe. The ventilation required by this act may be provided by any suitable appliance, but in case a furnace is used for ventilation purposes it shall be built in such a manner as to prevent the communication of fire to any part of the works by lining the upcast with incombustible material for a sufficient distance up from the said furnace. But in no case shall a furnace be used at the bottom of the shaft in the mine for the purpose of producing a hot upeast of air where the hoisting appliances and buildings are built directly over the shaft. The operator shall employ a competent mine boss, who shall be an experienced coal miner, and shall keep careful watch over the ventilating apparatus and the airways, and shall see that, as the miners advance their excavations, all loose coal, slate and rock overhead are taken down or carefully secured against falling therein on the traveling and airways. He shall measure the air currents at least once a week at the inlet and outlet, and at or near the face of the entries; he shall keep a record of such measurements, which shall be entered in a book kept for that purpose, the said book to be open for inspection of the inspector of mines. He shall also on or about the first day of each month mail to the inspector a true copy of the said air measurements, stating also the number of persons employed in or about said mine, the number of mules and horses used and the number of days worked in each month. Blanks for this purpose

shall be furnished by the state to the inspector and by the inspector to each mine boss. The currents of air in mines shall be split so as to give separate currents to at least every fifty (50) persons at work, and the inspector of mines shall have discretion to order a separate current for a smaller number of men if special conditions render it necessary. Whenever the inspector of mines shall find men working without sufficient air or under any unsafe conditions he shall first give the operator a notice giving the facts and reasonable time to rectify the same, and upon his failure to do so he may order the men out of the mine or portion of said mine and at once order said mine, or part thereof, stopped until such mine or part of mine shall be put in proper condition. And the inspector of mines shall immediately bring suit against such operator for failure to comply with the provisions of this section. "Break throughs" or airways shall be made in each room and entry at least every forty-five feet. All "break throughs" or airways, except those last made near the working faces of the mine, shall be closed up and made air tight. The doors used in assisting or directing the ventilation of the mine when coal is being hauled through them, shall be opened and closed by persons designated to do the same, so that the drivers or other persons may not cause the doors to stand open, but nothing. herein shall prevent the use of automatic or mechanical doors, subject to the approval of the inspector of mines. In case the roadways or entries of any mine are so dry that the air becomes charged with dust, such roadways or entries shall be regularly and thoroughly sprinkled. And it shall be the duty of the inspector to see that this provision is carried out.

7440. Examinations by mine boss-Duties-Accident.-12. The mine boss shall visit and examine every working place in the mine, at least every alternate day while the miners of such places are, or should be, at work, and shall examine and see that each and every working place is properly secured by timbering and that the safety of the mine is assured. He shall see that a sufficient supply of timbers are always on hand at the miners' working place. He shall also see that all loose coal, slate and rock overhead wherein miners have to travel to and from their work, are taken down or carefully secured. Whenever such mine boss shall have an unsafe place reported to him, he shall order and direct that the same be placed in a safe condition; and until such is done no person shall enter such unsafe place except for the purpose of making it safe. Whenever any person working in said mine shall learn of such unsafe place he shall at once notify the mine boss thereof and it shall be the duty of said mine boss to give him, properly filled out, an acknowledgment of such notice of the following form:

I hereby ackonwledge receipt of notice from... of the unsafe condition of the mines as follows: Dated this day of


Mine Boss.

The possession by the person of such written acknowledgment shall be proof of the receipt of such notice by said mine boss whenever such question shall arise; and upon receipt of such notice said mine boss shall at once inspect such place and proceed to put the same in good and safe condition. As soon as such unsafe place has been repaired to the approval of said mine boss, he shall then give permission for the men to return to work therein, but no person shall return to work therein until such repairs have been made and permission given. Whenever any accident whatsoever has occurred in any mine which shall delay the ordinary and usual workings of such mine for twenty-four consecutive hours, or has resulted in such injury to any person as to cause death or require the attendance of a physician or surgeon, it shall be the duty of the person in charge of such mine to notify the inspector of mines of such accident without delay, and it shall be the duty of said inspector to investigate and ascertain the cause of such accident as soon as his official duties will permit: Provided, That if loss of life shall occur by reason of any such accident said inspector shall immediately, with the coroner of the county in which such accident may have occurred, go to the scene of the accident. They shall investigate and ascertain the cause of such loss of life and have power to compel the attendance of witnesses and administer oaths or affirmations to them and the costs of such investigations shall be paid by the county in which the accident occurred, as costs of coroner's inquests are now paid.

See notes to sections 7447, 7479, Burns' R. S. 1901.

If a mining boss fails to perform the duties required by statute, and a workman in the mine is injured because thereof, he may recover damages, and such failure is not a risk assumed by such workman. Eureka Coal Co. v. Wells, 29 App. 1.

7441. Traveling way-Outlet-Provision for injured.-13. There shall be cut at the bottom of the shaft a traveling way sufficiently high and wide to enable persons to pass the same in going from one side to the other, without passing over or under the cage. On all single track hauling roads wherever hauling is done by power, and on all gravity or incline planes in mines, upon which the persons employed in the mine must travel on foot to and from their work, places of refuge must be provided in the side wall, not less than three (3) feet in depth, measuring from side of car, and four feet wide, and not more than twenty (20) yards apart, unless there is a clear space of at least three (3) feet between the side of the car and the side of the wall, which space shall be deemed sufficient for the safe passage of men. On all hauling roads in which the hauling is done by draft animals, whereon men have to pass to and from their work on foot, places of refuge must be eut in the side wall at least two and one-half (22) feet deep, measuring from the side of the car, and not more than twenty yards apart, but such places shall not be required in entries from which rooms are driven at regular intervals not exceeding twenty yards, and wherever there is a clear space of two and one-half (22) feet between the car and the rib, such places shall be deemed sufficient for the safe passage of men.

All places of refuge shall be kept clear of obstructions and no material shall be stored therein, excepting in cases of emergency, nor be allowed to accumulate therein. At every mine where ten or more men are employed inside, it shall be the duty of the operator thereof to keep always on hand, readily accessible and near the mouth of the mine, a properly constructed and comfortable stretcher; a woolen and waterproof blanket; a roll of bandages in good condition for immediate use for bandaging and dressing wounds of any one injured in such mine; a supply of linseed oil, lime, camphor, turpentine, antiseptic gauze, dressing and surgeon's splints for the dressing of broken bones; also to provide comfortable apartment near the mouth of the mine, in which any one so injured may rest while awaiting transportation to his home, and to provide for the speedy transportation of any one injured in such mine to his home.

7442. Approaching abandoned workings-Water or gas.-14. When approaching abandoned workings which are supposed to contain dangerous accumulation of water or gases, the excavation approaching such places shall not exceed eight feet in width, and there shall be constantly kept, at a sufficient distance (not less than three yards in advance) one bore hole near the center of the workings, and sufficient flank bore holes on each side. When two or more veins are worked in the same mine they shall be so operated that no danger will occur to the miners working in either vein.

7443. Timber supply-Blackboard.-15. The operator of any mine shall keep a sufficient supply of timber at the mine, and shall deliver all props, caps and timber (of proper lengths) to the rooms of the workmen, when needed and required, so the employes may, at all times, be able to properly secure the workings from caving in. Every operator operating mines in this state shall place a blackboard near the mine. entrance sufficiently large, stating thereon in figures the lengths of all timber in use in said mine. The miners shall register thereon, when needing timber for securing their working places, their respective numbers, under the figures indicating the proper lengths of timber required. See notes to section 7444, Burns' R. S. 1901.

Owners and operators of coal mines can not be relieved of liability for injuries to workmen in coal mines by reason of failure to furnish timbers for props, as required by statute, by an agreement with such workmen that such timbers need not be furnished. Davis Coal Co. v. Polland, 158 Ind. 607.

The failure of mine owners and operators to perform duties required by statute to secure the safety of their workmen, does not relieve such workmen of the duty of exercising due care to prevent injuries. Bodell v. Brazil Coal Co., 25 App. 654.

The doctrine of assumed risks by employes does not apply when the employer fails to comply with a positive statutory duty for the protection of his employes. Davis Coal Co. v. Polland, 158 Ind. 607; Island Coal Co. v. Swaggerty, 159 Ind. 664.

7444. Injury to safety appliances.-16. Any person who shall, knowingly, injure or interfere with any safety lamp, air course, or with any brattice or obstruct or throw open doors, or disturb any part of the machinery, or ride upon a loaded car or wagon in any mine, or do any act whereby the lives or health of the persons or the security of the

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