Conditions of shot firing

When blue cap shows on flame of safety lamp.

Dangerous

accumulation of water

flammable gas has been found in any such mine, namely:

(2) A fire boss shall immediately before firing the shot examine the place where it is to be used and all places contiguous thereto within a radius of twenty-five yards and shall not allow the shot to be fired unless he finds it safe to do so, and a shot shall not be fired except by or under the direction of the fire boss, but the provisions of this subsection shall not apply to nines in which safety lamps are not necessary unless the commissioner by notice in writing served on the owner, agent or manager of such mine requires it to be so applied.

(3) If the place where the shot is to be fired is dry and dusty then the shot shall not be fired unless one of the following conditions is observed, that is to say:

(a) Unless the place of firing and all contiguous and accessible places within a radius of twenty yards are at the time of firing in a wet state from a thorough watering or other treatment equivalent to watering in all parts where dust is lodged, whether roof, floor or sides; or

(b) In the case of places in which watering would injure the roof or floor unless the explosive is so used with water or other contrivance as to prevent it from inflaming gas or dust or is of such a nature that it cannot inflame gas or dust;

(c) All hauling or other roads that are dry and dusty shall be watered sufficiently often to allay the dust.

(4) If the said inflammable gas issued so freely that it showed a blue cap on the flame of the safety lamp it shall only be used:

(a) Either in those cases of stone drifts, stone work and sinking of shafts in which the ventilation is so managed that the return air from the place where the powder is used passes into the main return air course without passing any place in actual course of working; or

(b) When the persons ordinarily employed in the mine are out of the mine or out of the part of the mine where it is used; or

(c) Where a mine is divided into separate panels in such manner that each panel has an independent intake and return airway from the main aircourse and the main return aircourse the provisions of this rule with respect to gunpowder or other explosive inflammable substance shall apply to each such panel in like manner as if it were a separate mine.

Rule 10 When any place adjoining any working is likely to contain a dangerous accumulation of water the workings approaching such place shall not exceed eight feet in width and there shall be constantly kept at a sufficient distance not

being less than five yards in advance at least one borehole near the centre of the working and sufficient flank boreholes on each side.

travelling

signalling and

Rule 11. Every underground plane on which persons travel Underground which is self acting or worked by an engine, windlass or gin planes to have shall be provided if exceeding thirty yards in length with means of some proper means of signalling between the stopping places places of and the ends of the plane and shall be provided in every case at intervals of not more than twenty yards with sufficient manholes for places of refuge.

refuge

animals

Rule 12. Every road on which persons travel under-ground Refuge for where the load is drawn by a horse or other animal shall be provided at intervals of not more than fifty yards with sufficient manholes or with a space for a place of refuge, which space shall be of sufficient length and of at least three feet in width between the waggons running on the tram road and the side of such road.

to be kept

Rule 13. Every manhole and space for a place of refuge Refuge places shall be constantly kept clear and no person shall place any- clear thing in a manhole or such space so as to prevent access there

to.

Rule 14. The top of every shaft which for the time being is Fencing top out of use or used only as an air-shaft shall be securely fenced. shaft

of unused

temporarily

purposes of

Rule 15. The top and all entrances between the top and Fence may be bottom of every working or pumping shaft shall be properly removed for fenced but this shall not be taken to forbid the temporary removal of the fence for the purposes of repairs or other operations if proper precautions are used.

Rule 16. Where the natural strata are not safe every work- Where natural ing or pumping shaft shall be securely cased, lined or otherwise strata unsafe made secure.

sides to be

Rule 17. The roof and sides of every travelling road and Roofs and working place shall be made secure and a person shall not un- made secure less appointed for the purpose of exploring or repairing, travel or work in any such travelling road or working place which is not so made secure.

of downcast

Rule 18. Where there is a downcast and furnace shaft Optional use and both such shafts are provided with apparatus in use shaft for raising and lowering persons, every person employed in the mine shall upon giving reasonable notice have the option of using the downcast shaft.

Rule 19. In any mine which is usually entered by means of Competent machinery a competent person of such age as prescribed by this charge of Ordinance shall be appointed for the purpose of working machinery the machinery which is employed in lowering and raising persons therein and shall attend for the said purpose during the whole time that any person is below the ground in the mine.

Rule 20. Every working shaft used for the purpose of draw- Shafts to be ing minerals or for the lowering or raising of persons shall if ex- provided with

guides and means of communication

Overhead covering

Single link chain not to be used

Prevention

of slipping of rope

Machine to have brake

ceeding fifty yards in depth and not exempted in writing by the inspector be provided with guides and some proper means of communicating distinct and definite signals from the bottom of the shaft to the surface and from the surface to the bottom of the shaft and to every entrance for the time being in work between the surface and the bottom of the shaft.

Rule 21. A sufficient cover overhead shall be used when lowering or raising persons in every working shaft except where it is worked by a windlass or where the person is employed about the pump or some work of repair in the shaft, or where a written exemption is given by the inspector.

Rule 22. A single link chain shall not be used for lowering or raising persons in any working shaft or plane except for the short coupling chain attached to the cage or load.

Rule 23. There shall be on the drum of every machine used for the lowering or raising persons such flanges or horns and also if the drum is conical such other appliances as may be sufficient to prevent the rope from slipping.

Rule 24 There shall be attached to every machine worked and indicator by steam, water or mechanical power and used for lowering attachments and raising persons an adequate brake and also a proper indicator in addition to any mark on the rope which shows to the person who works the machine the position of the cage or load in the shaft.

Parts of machinery to be fenced

Boilers to be

Rule 25. Every fly wheel and all exposed and dangerous parts of the machinery used in or about the mine shall be and be kept securely fenced.

Rule 26. Every steam boiler shall be provided with a proper provided with steam guage and water guage to show respectively the pressure of steam and the height of water in the boiler, and with a proper safety valve.

gauges

Using

barometer and

Rule 27. After dangerous gas has been found in any mine a thermometer barometer and a thermometer shall be placed above ground in a conspicuous position near the entrance to the mine.

when gas found

Damage to prohibited

Rule 28. No person shall wilfully damage or without proper mine fittings authority remove or render useless any fence, fencing, casing, lining, guide, means of signalling, signal, cover, change, flange, horn, brake, indicator, steam guage, water guage, safety valve, or other appliances or thing provided in any mine in compliance with this Ordinance.

Observance of directions

Examination

and shafts

Rule 29. Every person shall observe such directions with respect to working as may be given to him with a view to comply with this Ordinance or the special rules.

Rule 30. The manager or a pit boss shall once at least of machinery in every twenty-four hours examine the external parts of the machinery and the state of the head gear, working places, levels, planes, ropes, chains and other works of the mine which 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 such examination and such report shall be recorded in a book to be kept at the mine for the purpose and shall be signed by the manager or pit boss.

Employees

their own

Rule 31. The persons employed in a mine may from time to time appoint one or two of their number to inspect the mine at may appoint their own cost and the persons so appointed shall be allowed inspector once or oftener in every shift, day, week or 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, level planes, working places, return air ways, 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 Said such inspection and such report shall be recorded in a book to to report be kept at the mine for the purpose and shall be signed by the persons who made the same; and if the report state the existence or apprehended existence of any danger the owner, agent or manager shall forthwith cause a true copy of the report to be sent to the commissioner.

inspectors

of books

Rule 32. The books mentioned in this section or a copy Inspection thereof shall be kept at the office of the mine and any inspector under this Ordinance and any person employed in the mine may at all reasonable times inspect and take copies of and extracts from any such books.

Rule 33. Every cage used in any mine shall be stationary and cage, entering shall rest upon chains or catches before any person is allowed or leaving of to enter upon or to leave to same. No person shall enter

or leave a cage without the consent of the banksman or

onsetter.

English

persons only

position

Rule 34. No person unable to speak and read English shall be appointed to or shall occupy any position of trust or respon- speaking sibility, namely: as banksman, onsetter, signalman, brakesman, to hold pointsman, furnaceman, or engineer or be employed at the responsible windlass of a sinking pit in or about a mine subject to this Ordinance whereby through his ignorance, carelessness or negligence he might endanger the life or limb of any person employed in or about a mine.

compliance

rules

Rule 35. Every person who contravenes or who does Contravention not comply with any of the general rules of this section of or nonshall be guilty of an offence against this Ordinance; and in with general the event of any contravention of or non-compliance with any of the said general rules in the case of any mine to which this Ordinance applies by any person whomsoever the owner, agent and manager shall each be guilty of an offence against this Ordinance unless he proves that he had taken all reasonable means by publishing and to the best of his power enforcing the said rules as regulations for the working of the mine to prevent such contravention or non-compliance.

Rule 36. It shall be the duty of every miner employed in Miner to any mine to carefully examine the place where he is working examine place on entering the same in the morning and on re-entering after

of working

Application of local or special rules

firing a shot and when leaving it at night and he shall immediately report to the manager any defects or dangers existing

therein.

Rule 37. It shall be the duty of every miner or other person employed in any mine to immediately report to the manager or pit boss any defect or danger which he may know to exist in any part of the mine.

Rule 38. Every miner in want of props or timbers and cap pieces shall notify the manager or pit boss of the fact at least one day in advance giving the length and number of props, timbers or cap pieces required, but in cases of emergency the timbers may be ordered immediately upon the discovery of any danger.

(2) The place and manner of leaving the orders for timbers. and cap pieces shall be designated in the general rules of the mine. No. 9 of 1898, s. 38.

SPECIAL RULES.

40. There shall be established in every mine to which this Ordinance applies such rules (referred to in this Ordinance as special rules) for the conduct or guidance of the persons acting in the management of such mine or employed in or about the same as under the particular state and circumstances of such mine may appear best calculated to prevent dangerous accidents and to provide for the safety and proper discipline of Such rules to the persons employed in or about the mine and such special commissioner rules shall be approved by the commissioner and shall be observed in and about every such mine. No. 9 of 1898, s. 39.

be approved by

Who may be guilty of offences

Penalties

OFFENCES AND PENALTIES.

41. Every person employed in or about a mine other than the owner, agent or manager who is guilty of any act or omission which in the case of the owner, agent or manager would be an offence against this Ordinance shall be deemed to be guilty of an offence against this Ordinance. No. 9 of 1898, s. 40.

42. Every person who is guilty of an offence against this Ordinance shall on summary conviction thereof be liable to a penalty not exceeding if he is an owner, agent or manager one hundred dollars and if he is not an owner, agent or manager ten dollars for each offence; and if the inspector has given written notice of any such offence then in case of an owner, agent or manager to a further penalty not exceeding one hundred dollars and not less than ten dollars for every day after such notice that such offence continues to be committed and in case of other persons to a further penalty not exceeding five dollars for every day after such notice that such offence continues to be committed. No. 9 of 1898, s. 41.

43. When a person who is an owner, agent or manager of a mine or a person employed in or about a mine is guilty of an