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Mining Laws of Ohio, 1921
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Sec. 154-19. Each department is empowered to employ, subject to the civil service laws in force at the time the employment is made, the necessary employes, and, if the rate of compensation is not otherwise fixed by law, to fix their compensation. Nothing in this chapter shall be construed to amend, modify or repeal the civil service laws of the state, except as herein expressly provided.

All offices created by sections 154-5 and 154-6 of the General Code shall be in the unclassified civil service of the state.

Sec. 154-20. All employes in the several departments shall render not less than eight hours, of labor each day, Saturday afternoons, Sundays and days declared by law to be holidays excepted in cases in which, in the judgment of the director, the public service will not thereby be impaired.

Each employe in the several departments shall be entitled during each calendar year to fourteen days leave of absence with full pay. In special and meritorious cases where to limit the annual leave to fourteen days in any one calendar year would work peculiar hardship, it may, in the discretion of the of the department, be extended. No employe in the several departments, employed at a fixed compensation, shall be paid for any extra services, unless expressly authorized by law.

Sec. 154-21. Under the direction of the governor, the directors of departments shall devise a practical and working basis for cooperation and coordination of work and for the elimination of duplication and overlapping functions. They shall, so far as practicable, cooperate with each other in the employment of services and the use of quarters and equipment. The director of any department may empower or require an employe of another department, subject to the consent of the superior officer of the employe, to perform any duty which he might require of his own subordinates.

Sec. 154-22. Each department shall make and file a report of its transactions, and proceedings at the time and in the manner prescribed by section 2264-1 of the General Code.

Sec. 154-23. Whenever power is vested in any of the departments created by this chapter, or in any other state department, board or commission, to inspect, examine, secure data or information, or to procure assistance from another department, office or institution, a duty is hereby imposed upon the department, office or institution, upon which demand is made, whether created by this chapter or otherwise, to make such power effective.

Sec. 154-24. Whenever rights, powers or duties which have heretofore been vested in or exercised by any officer, board, commission, institution or department, or any deputy, inspector or subordinate officer thereof, are, by this chapter, transferred, either in whole or in part, to or vested in a department created by this chapter, or any other department, office or institution, such rights, powers and duties shall be vested in, and shall be exercised by the department, office or institution to which the same are hereby transferred, and not otherwise; and every act done in the exercise of such rights, powers and duties shall have the same legal effect as if done by the former officer, board, commission, institution or department, or any deputy, inspector, or subordinate officer thereof. Every person, firm and corporation shall be subject to the same obligations and duties and shall have the same rights arising from the exercise of such rights, powers and duties as if such rights, powers and duties were exercised by the officer, board, commission, department or institution, or deputy, inspector or subordinate thereof, designated in the respective laws which are to be administered by departments created by this chapter. Every person, firm and corporation shall be subject to the same penalty or penalties, civil or criminal, for failure to perform any such obligation or duty, or for doing a prohibited act, as if such obligation or duty arose from, or such act were prohibited in, the exercise of such right, power or duty by the officer, board, commission or institution, or deputy, inspector or subordinate thereof, designated in the respective laws which are to be administered by departments created by this chapter. Every officer and employe shall, for any offense, be subject to the same penalty or penalties, civil or criminal, as are prescribed by existing law for the same offense by any officer or employe whose powers or duties devolve upon him under this chapter.

* * * * *

Department of Industrial Relations.

Sec. 154-45. The department of industrial relations shall have all powers and perform all duties vested by law in the industrial commission of Ohio, excepting the following:

Those powers and duties of the commission which it exercises as successor of the state liability board of awards, the state board of arbitration, the board of boiler rules, and in the investigation, ascertainment and determination of standards, devices, safeguards, and means of protection, being all powers and duties mentioned in paragraphs 3 to 8, both inclusive, of section 871-22 of the General Code, sections 871-23, 871-26, 871-27, 871-28, 871-30, 871-32, 871-33, 871-34 and 871-35, sections 1058-8 to 1058-12, both inclusive, 1058-16, 1063 to 1077, both inclusive, and sections 1465-37 to 1465-108, both inclusive, of the General Code, and the powers of the commission as successor of the board of boiler rules under section 1058-18 of the General Code, which shall continue to be exercised and performed by the industrial commission of Ohio in the manner provided by law for the exercise of such powers and the performance of such duties.

The industrial commission of Ohio shall be a part of the department of industrial relations for administrative purposes in the following respects: The director of industrial relations shall be ex-officio the secretary of said commission, shall succeed to and perform all of the duties of the secretary of said commission, and shall exercise all powers of said secretary as provided by law; but such director may designate any employe of the department as acting secretary to perform the duties and exercise the powers of secretary of the commission. All clerical, inspection and other agencies for the execution of the powers and duties vested in the said industrial commission shall be deemed to be in the department of industrial relations, and the employes thereof shall be deemed to be employes of said department and shall have and exercise all authority vested by law in the employes of such commission. But the industrial commission of Ohio shall have direct supervision and control over, and power of appointment and removal of, such employes whose position shall be designated by the governor as fully subject to the authority of such commission.

The commission may appoint advisers, who shall without compensation assist the commission in the execution of the powers and duties retained by it under this section.

* * * * *

Sec. 2250. The annual salaries of the appointive state officers and employes herein enumerated shall be as follows:

* * * * *

Department of Industrial Relations: Director of industrial relations, six thousand five hundred dollars. Chief of division of factory inspection, three thousand six hundred dollars. Chief of division of labor statistics, three thousand dollars. Chief of division of mines, three thousand six hundred dollars.

* * * * *

SECTION 3. Said original sections 243, 321, 496, 710-6, 840, 1170, (enacted as section 93 of an act entitled "An Act to create the agricultural commission of Ohio and to prescribe its organization", etc., approved May 3, 1913, (103 Ohio Laws 323)), 1170, (enacted as section 1 of an act entitled "An Act to create a board of control for the Ohio agricultural experiment station", etc., approved April 8, 1915, (106 Ohio Laws, 122)), 1171, 1172, (enacted as section 95 of an act entitled "An Act to create the agricultural commission of Ohio and to prescribe its organization", etc., approved May 3, 1913 (103 Ohio Laws, 324)), 1172, (enacted as section 7 of an act entitled "An Act to create a board of control for Ohio agricultural experiment station", etc., approved April 8, 1915, (106 Ohio Laws, 123)), 1173, (enacted as section 96 of an act entitled "An Act to create the agricultural commission of Ohio and to prescribe its organization", etc., approved May 3, 1913, (103 Ohio Laws, 324)), 1173, (enacted as section 8 of an act entitled "An Act to create a board of control for the Ohio agricultural experiment station", etc., approved April 8, 1915, (106 Ohio Laws, 123)), 1178, 1233, 1261-2, 1807, 1857, 1931-1, 2248, 2250, 2288-1 as enacted by the act approved March 29, 1917 (107 O.L. 457), 2312, 2313 and 7939 of the General Code, and sections 86, 87, 88, 89, 90, 146, 147, 148, 149, 150, 151, 152, 153, 154, 196-1, 196-2, 196-3, 196-16, 196-18, 199, 242-1, 242-2, 270-1, 270-4, 270-5, 367-3, 367-4, 403-1, 406, 408, 409, 498, 615, 616, 618, 619, 620, 674, 675, 744-14, 744-15, 744-16, 744-17, 744-19, 744-20, 744-23, 746, 747, 752, 788, 789, 790, 791, 798-2, 798-4, 708-8, 799, 800, 801, 820, 821, 822, 823, 842, 844, 845, 848, 871-46, 871-47, 905, 982, 1079, 1079-1, 1080, 1081, 1083, 1084, 1087, 1087-2, 1088, 1089, 1089-1, 1099, 1123, 1171-2, 1171-3, 1177-22, 1177-23, 1177-24, 1177-25, 1179, 1180, 1183, 1232-1, 1233-1, 1236-2, 1261-1, 1440, 1465-8, 1465-43, 1808, 1809, 1833, 1834, 1836, 1837, 1841-7, 1861 and 5227 of the General Code are hereby repealed.

SECTION 4. Every officer and employe in the classified civil service of the state civil service at the time this act takes effect shall be assigned to a position in the proper department created by this act, and, so far as possible, to duties equivalent to his former office or employment; and such officers and employes shall be employes of the state in the classified civil service of the state of the same standing, grade and privileges which they respectively had in the office, board, department, commission or institution from which they were transferred, subject, however, to existing and future civil service laws. This section shall not be construed to require the retention of more employes than are necessary to the proper performance of the functions of such departments.

All books, records, papers, documents, property, real and personal, and pending business in any way pertaining to the rights, powers and duties by this act transferred to or vested in a department created by this act, or to or in any other office, department or institution, at the time this act takes effect shall be delivered and transferred to the department, office or institution succeeding to such rights, powers and duties.

This act shall not affect any act done, ratified or affirmed, or any right accrued or established, or any pending action, prosecution or proceedings, civil or criminal, at the time it takes effect; nor shall this act effect causes of such action, prosecution or proceeding existing at the time it takes effect; but such actions, prosecutions or proceedings may be prosecuted and continued, or instituted and prosecuted, by or before the department having jurisdiction or power under this act of the subject matter to which such action, prosecution or proceeding pertains.

If the senate is not in session at the time initial appointments are to be made under this act, the governor shall make temporary appointments as in case of a vacancy, to all offices required by this act to be filled by appointment by the governor by and with the advice and consent of the senate, unless the initial appointments are otherwise provided for in this act.

If this act shall go into effect prior to the expiration of the present fiscal year, the present existing departments, bureaus, offices, boards, commissions, and other organizations of the state government affected by this act shall continue, and the officers and employes therein shall continue to serve until the expiration of the present fiscal year for which appropriations have been made, unless their terms of office expire prior thereto; and the reorganization herein provided for shall be put into effect and the officers whose positions are hereby created shall assume their duties at the commencement of the succeeding fiscal year.

SECTION 5. This act is hereby declared to be an emergency law necessary for the immediate preservation of the public peace, health and safety. The reasons for such necessity lie in facts, which two-thirds of all the members elected to each branch of the general assembly have considered, found and determined and which are separately set forth herein, as follows:

The eighty-third general assembly created a joint legislative committee to "investigate all of the * * * offices which have been created by the general assembly * * * with a view of * * * combining and centralizing the duties of the various departments, eliminating such as are useless and securing for the state of Ohio such a reorganization of its governmental activities as will promote greater efficiency and greater economy therein." Said committee made exhaustive investigations and published numerous reports, declaring the necessity of reorganizing fundamentally the executive branch of the state government in order to promote efficiency and conserve the public funds. Upon the organization of the eighty-fourth general assembly, special committees were appointed in each house thereof to consider the recommendations of the former joint committee. The governor, in his message to the general assembly, recommended action along the general lines indicated by the former committee's report. Wide publicity has been given to various projected plans of reorganization.

According to the annual reports of the auditor of state, the balances subject to draft in the general revenue fund of the state, from which many of the activities of the state government are supported, had shrunk from more than two million dollars on June 30th, 1919, to less than one million dollars on June 30th, 1920, (all of which, and more, was covered by unlapsed appropriations for the preceding fiscal year), clearly indicating the immediate necessity either for increasing the revenues of the state, or for effecting such a reorganization of the state administration as would tend to conserve the present revenues. General economic conditions make increased taxes highly undesirable at the present time.

At the convening of the eighty-fourth general assembly numerous vacancies existed in various state offices and in various state boards, and other like vacancies have occurred since that time. By reason of the known probability of a reorganization such as is embodied in this act, persons appointed to fill such vacancies have uncertain tenure and are thereby deterred from initiating and carrying through definite administrative policies; and in several instances such appointments have been accepted temporarily only, pending early reorganization.

As a result of all the foregoing, the state service in the appointive state departments, shown by said investigations to be wasteful and inefficient, is becoming increasingly demoralized. All of these departments exercise functions pertaining to the protection of the public health, the conservation of the public peace and morals, or the promotion of the public safety. The necessity of placing their functions upon a sound, economical, permanent and secure basis is great and immediate.

The appropriations for the current expenses of the state government and institutions which must be made by the eighty-fourth general assembly for the fiscal biennium beginning July 1st, 1921, cannot be effectually apportioned nor their amounts fixed unless the reorganization effected by this act is operative during the period to be covered by such appropriations, so that the departments and offices of the state government are definitely determined; and such determination must be made and the framework of the executive branch of the state government must be definitely established and known at the time the general assembly is considering such appropriations.

Therefore, this act shall go into immediate effect.

Passed April 19, 1921.

Approved April 26, 1921.

RUPERT BEETHAM, Speaker of the House of Representatives.

CLARENCE J. BROWN, President of the Senate.

HARRY L. DAVIS, Governor.

Filed in office of Secretary of State, April 26, 1921.

(109 O.L., 105.)



INDEX.



INDEX SECTIONS.

A.

Abandoned mines—precautions when approaching 938

Accidents— fatal—duty of inspectors 907 fatal—notice to chief inspector and coroner 940 fatal—coroner's duty 921 superintendent's duty 951 provisions for persons injured 934 action in case of 972

Access to mines by inspectors 912

Acetylene gas in mines 974-1

Penalty of 974-3

Action for non-compliance with Statutes 916

Act shall not create new office, etc. 920

Additional openings 950

Airway obstruction 960

Alternating current 948

Annual report of owner, lessee or agent to chief inspector 940

Appliances—Safe 927-928

Appointments— chief inspector and qualifications 899 district inspectors and qualifications 900-901

Appropriation of land 968

Assistant mine-foreman— duties of 952, 953, 959 penalty for non-compliance 976

Attendant—Rescue car 915

Automatic doors 923, 943, 958

B.

Blasting 956

Blasting powder 962-963

Boilers—location of 944

Bonds— weighmaster 966

Board of examiners 919

Breakthroughs 926

Brattices 926

C.

Cages— Safe appliances 927 protection of, etc. 928 lowering and hoisting, No. persons, etc. 929, 959

Caution board 959

Checkweighmen— duties of 970 penalty for non-compliance 976

Check-measurer— duties of 970 penalty for non-compliance 976

Child labor 13001, 13002, 13007-1-2, 7766

Circuit breakers 947

Closing of doors 923, 943, 958

Committee of miners— Report of 906-967

Code of signals 942

Conveying of explosives 962

Construction of new mines 949

Copper tools 963

Coroner— duties of 921 penalty for non-compliance 976

Coal dust— duty of owner, lessee or agent 944 duty of miner 956

Combustible matter—removal of 944, 956

Complaint against chief and district inspectors 918-919

Crossing public highway 971

Controversy or disagreement between district inspector and owner, lessee or agent 910

D.

Damages caused by examination 969

Dangerous places fenced— duty of owner, lessee or agent 925 duty of superintendent and mine-foreman 952 duty of miner 956

Danger signal 925, 959

Defraud—intent to 960

Department of Industrial Relations 154-1

Detaching locomotive—traveling ways 932

Disagreement between district inspector and owner, lessee or agent 910

District inspectors— duties of 909

District inspectors as sealers of weights and measures 910

Discretionary power of mining department 911

Doors 923, 943, 958

Drivers 958

Dust and fine coal— duties of owner, lessee or agent 944 duty of miner 956

Duties of assistant mine-foreman 952, 953, 959

Duties of chief and district inspectors 906, 915

Duties of chief and oil and gas well inspector relating to oil and gas wells 914

Duties of coroner 921

Duties of check-weighman 970

Duties of check-measurer 970

Duties of employes 956

Duties of fire-boss 925, 955, 959

Duties of machine-men 957

Duties of miners 956

Duties of mine-foreman 952, 953, 959

Duties of over-seer 954, 965

Duties of recorder 921-937

Duties of superintendent 951

Duties of stableman 955

Duties of trip-riders and motormen 943, 958, 961

Duties of weighmaster 966 (For penalties, see Section 976.)

E.

Egress when inundation is probable 932

Electricity— application of 947-948 discretionary power of chief and district inspectors 911

Emergency appliances 927

Engineers 927

Employes—duties of 956-963

Employment of minors 944

Examination of mine—damages caused by 969

Examination and survey of mine 969

Examination of working places— duty of owner, lessee or agent 925 duty of mine-foreman 952 duty of fire-boss 955 duty of miner 956 when unsafe 953

Examination of other than working places 925

Examination of machinery, ventilating current 967

Examination of mine by fire-boss 925, 955, 959

Examination of mine—right of employes 906, 967

Examiners—board of 918-919

Explosives 962-963

F.

Fatal accidents— duty of inspectors 907 notice to chief inspector and coroner 940 coroner's duty 921 superintendent's duty 951 provisions for 934 action in case of 972

Fire-boss—duties of 925, 955, 959

Fire in stable—must not be taken into 960

Fire protection 930

Fine coal or coal dust— duty of owner, lessee or agent 944 duty of miner 956

Fines collected 977

G.

Gauges—pressure 924

Gasoline in mines 946

H.

Haulage—rope 943, 958

Haulage trips—persons not permitted to ride 961

Hoisting and lowering of persons 927, 929, 959

I.

Illuminating oil 974-975

Illuminants 974-2

Industrial Relations Department 154-1

Injured persons—provisions for 934

Inundation 932, 938

Inexperienced miners 965

Injuries to mine 960

Intoxicants—prohibition of 959

Intent to defraud 960

Injury to persons or property—right of action 972

J.

Justices of peace, etc. 13432

L.

Lamps—size of 961

Land—appropriation of 968

Lien on property for labor 972

Light in mines 943

Light or signal on locomotive and train 943

Loitering 959

Lowering and hoisting of persons 929, 950

Locomotives in mines 943, 958

Locomotives in mines—detaching 932

M.

Maps— duty of chief inspector 917 duty of owner, lessee or agent 935 addition to previous 936 abandoned mine map 937 persons entitled to examine 904

Machine men—duties of 957

Machine shields— duty of owner, lessee or agent 941 duty of machine men 957

Machinery—examination of 967

Miners—duties of 956

Mine-foreman—duties of 952, 953, 959

Miner—qualifications of 965

Miner—inexperienced 965

Minors employed 13001, 13002, 13007-1-2, 7766 duty of inspectors 912 duty of owner, lessee or agent 944 duty of mine-foreman 953

Mines, new—construction of 949

Mine lamps 961

Mine committee report 906, 967

Motormen and trip riders—duties of 943, 958, 961

Monthly report of mine-foreman to chief inspector 953

N.

New mines—construction of 949

New office—shall not create 920

Notice to chief inspector—when must be given 939

Notice to chief inspector and coroner of accidents 940

Non-compliance with Statutes—action for 916

O.

Office—shall not create new 920

Office—chief deputy 904

Oil— illuminating 974, 975 quantity allowed in mine 944

Oil lamp—size of 961

Oil and gas wells 973

Oil and gas wells—duty of chief oil and gas well inspector 914

Openings— additional 950 second 930

Over-seer—duties of 954, 965

P.

Penalties— Acetylene 974-3 County coroner 976 Check-weighman 976 Check-Measurer 976 Employes 976 Fire-boss 976 Foreman 976 Mine-foreman 976 Non-employes 976 Owner, lessee or agent 976 Over-seer 976 Oil and gas well companies 976 Oil manufacturers 976 Oil dealers 976 Oil (persons using illegal) 976 Superintendent 976 Stableman 976 Weighmaster 976

Persons injured—provision for 934

Persons on cage—number allowed 929, 959

Persons not permitted to ride haulage trips 961

Persons not employes—relating to 964

Powder 962-963

Pressure gauges 924

Precautions approaching abandoned mines 938

Props—supplying of 953

Prosecutions 978

Q.

Quantity of hay allowed in mine 945

Quantity of oil allowed in mine 944

Quantity of gasoline allowed in mine 946

Quantity of powder allowed in mine 962

Qualifications of miner 965

Qualifications and appointment of chief inspector 899

Qualifications and appointment of district inspectors 901

R.

Recorder's duty 921, 937

Records—who entitled to examine 904

Regulations of weighing coal 978-1-7

Repeals 978

Report of fire-boss 925, 955, 959

Report of owner, lessee or agent to chief inspector 939, 940

Report of district inspector to chief inspector 913

Right of action 972

Reorganization of State Departments 154-1

Report of mine committee 906, 967

Report of mine-foreman to chief inspector, monthly 953

Rescue apparatus 915

Rescue stations 915-1

Refuge holes 931

Rope haulage 943, 958

Roof—miner shall prop, etc. 956

S.

Safe appliances for hoisting persons 927

Safety appliances 928

Speaking tube 928

Safety lamps— when owner shall provide 941 oil for use in 975

Scales 910, 941

Second opening 930

Shafts—fire protection 930

Shields—machine— duty of owner, lessee or agent 941 duty of machine men 957

Signals— code of 942 locomotive 943 danger 925, 955, 959 persons designated to give and receive 929

Solid shooting 976-1-3

Speaking tube 928

Squibs 963

Stables—underground— construction of 945 fire must not be taken into 960 stablemen—duties of 955

Superintendent's duties 951

Surveying party—transportation of 969

Survey of mine and examination 969

Switches 947

T.

Tamping tools—kind permitted 963

Telephones 934-2

Test weights 941

Timber— duty of owner, lessee or agent 933 duty of mine-foreman 953 duty of miners 956

Trip riders and motormen—duties of 943, 958, 961

Traveling ways and refuge holes 931

Traveling ways—duty of employes 959

Transportation of surveying party 969

Trolley wires 947

U.

Underground stables— construction of 945 fire must not be taken into 960 stablemen—duties of 955 voltage 948

V.

Ventilation— duty of owner, lessee or agent 922, 923, 924 duty of mine-foreman 952, 953 report of mine committee 906, 967 voltage 948

W.

Wash room 934-1

Weigh scales 910, 941

Weighing of coal 978-1-7

Weighmaster—duties of 966

Weights and measures—sealers of 910

Withdrawal of persons from mine 959

When act takes effect 978

Who entitled to examine maps, records, etc. 904

Wires 947

Working places—examination of— duty of owner, lessee or agent 925 duty of mine-foreman 952 duty of fire-boss 955 duty of miner 956

THE END

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