Bill 31 (Legislature 1, Session 3)

L1 S3 10351

Alberta — Bills

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Bill 31 (Legislature 1, Session 3)

L1 S3 10351

Alberta — Bills

~· II B I ~L c. 1M\• 5 '(• 66 { q () ~. tm Act to Amend the Coal Mines Act for the Purpose of .limiting ~urs of MOrk 6elow'jround. (.Assented to ) . ;rrs MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Limit of hours 1. ~ Subject to the provisions of this Act of work be- a worlonan shall not be below ground in a mine for low ground ilf coal the purpose of his work and of going to and from m1nes his work, or be allowed to be below grol.Uld for that purpose, for more than eight hours during any con­ secutive twenty-four hours.

(2) No contravention of the foregoing provisions shall be/deemed to take place - ( §.) Jn the case of a workman working in a shift, if the period between the times at which the fi:rst workman in the shift leaves the surface and the first worlanan in the shift returns to the surface, and the period between the times at which the last workman' in the shift leaves the surface and the last worlanan in the, shift returns to the surface, do not exceed the time fixed by this section; or ( Q) ~n the case of any workman who is below ground{for the purpose of rendering assistance :in the event of accident, e>r for meeting any danger, o:r for dealing with any emergency or exceptional work which requires to be dealt with without interruption :in order to avoid serious interference with ordinary work in the mine.

(2) ( 3) The owner, agent or manager of every mine shall fix for each shift of workmen in the mine the time at which the lowering of the men to the mine is to commence and to be completed, and the time at which the raii3ing of the men from the mine is to commence and to be completed, in such a manner that every workman shall have, the opportunity of returning to the surface without contravention of the foregoing provisions of this section, and shall post at the pit head a conspicuous notice of the times so fixed, and shall make all arrangements necessary for the ob­ servance of those times in lowering and raising the men.

(4) The interval between the times fixed for the commencement and for the completion of the lowering and raising of each shift of workmen to and from the mine shall be such time not exceeding the time reasonably required for the purpose, as may be ap­ proved by the ,Provincial J'nspector of ,lines.

(5) A repairing shift of workmen may, notwith­ standing the provisions of this section, for the pur­ pose of avoiding work on Stmday, commence their period of work on Saturday before twenty-four hours have elapsed since the commencement of their last ·-· period, of work so long as at least eight hours. have elapsed since the te:rmination thereof •.

(6) For the purposes of this Act~ the expression ttworkman" means gny person employed in a mine ·below ground, who is not gn official of the mine or a fur­ nace man, eager or on setter, hou:se-keeper or pumpman; and any oody of workmen whose hours for beginning and terminating work in the mine are approximately the same shall be deemed to be a shift of workmen,

Register of times of descent and ascent. (3) 2. ~ The owner, agent or m8l'lager of every mine = shall appoint persona to direct at the pit head the lowering and raising of men to and from the mine, and shall cause a. register to be kept in the form preseribed by the 'Minister of Public Works, and containing the particulars prescribed by' him· with' respect to'· the times ::tt which men are lowered into and raised from the mine, and the ca8e8 in which any man is below ground for more than the time fixed by this Act, and the cause thereof. {2) The workmen in a mine may, at their own cost, appoint and station one or more persons, whether hold­ ing the office of checkweigher or not, to be at the pit head at all times when workmen are to be lowered or raised, for the purpose of observing the times oj: lowering and raising, and the provisions of jh~ Coal Mines_AQ_t relating to the check.weigher, and to the relations of the owner, agent or manager of the mine to the checkweigher, shall, so far as applicable,, apply to any person so appointed as they apply to the oheckweigher with the substitution, as respects appointment, of the workmen in the mine for the persons who tmder the said Act are entitled to appoint a checkweigher. ( 3) If any person makes a false entry in the register which is to 'be kert under this section, or c::tuses or permits any such false entry to be made, he ah.all be liable on-summary conviction in respect of each offFce to a fine not exceeding fifty dollars. and from their

Power ~to au s­ pend A9t by Order m Council in event of emergency. Application to mines not entered by a shaft, &c. (4) in cordance with this

section as respects an t e as so extended shall be substitute for the pu - p sea of this Act as respects that f xed by this Act, """- ~(-2) The owner, agen ,,~,-:manager of every ~e shalili c ~ ae a register to kept in such marmer as the ister of Pu o Works may direct of the cases ich any: xtension of time has been given under ect · , and the register shall be open to inspe tion .5. /..

The Lieutenant Governor in Council may, :in the event of great emergency, or of any grave economic disturbance due to the demand for coal exceeding the supply available at the time, by Order in COtmcil suspend the operation of this Act to such extent and for such period as may be named in the Order, either as respects all coal mines or any class of coal mines. J/ f.

In the application of this Act to mines which are entered otherwJse than by a sha!t, and to workmen who are not lowered to or raised from the mine by means of machinery, the admission of men to the mine shall be substituted for the lowering of men to the mine, and the return of men from the mine shall be. sub­ sti tuted for the raising of men from the mine, and. such times as may be determined by the owner, agent. or manager of· the mine, with the approval of the Provincial Inspector of :Mines as the times properly corresponding to the times fixed for the commencement and completion of the lowering and raising of workmen to and from the mine, shall be substituted for the times so fixed.

Pen'itl ties. Application i. connn encem en t. ::.;nd

short title. (5) t. ~ If any person contravenes or fails to comply with, or permits any person to contravene or fail to comply wjth any provision of this Act for which a special penalty is not provided, he shall be guilty of an offence against this Act, and in the ·event ·of such contravention,:or. notlfOOmpliance ,by any person whomsoever, the owner, agent, and manager of the mine shall each be guilty of an offence under this Act; Provided that - ( ~) In the event of any such contravention of, or non':f.domplicmce on the part of a workman, the OWIJ.er, agent or manager of the mine shall not be guilty of an offence if he proves that he has taken all reasonable Jlle.ans to prevent the contravention or nori+Compliance; and '-----" ("b.) A workman shall not be guilty of an offence under this Act in the case of any failure to return to the surface within the time limited by this Act if he proves that without default on his part he was prevented from returning to the surface owing to means not being available for the purpose.

(2) A person ·.guilty of an offence mder this Act shall in respect of each offence be liable, on

summary conviction, if he is the owner, agent or manager of the mine, to a fine not exceeding fifty dollars, clDd in any other case to a fine not exceeding five dollars. (;3) If a workman is below ground for a longer period during ro1y consecutive twenty-four hours tban the time fixed by this Act he shall be deemed to have been below ground in contravention of this Act unless the contrary is proved. This Act shall, except where the contrary intention appears, apply to all mines to which Jhe rA>al Mines Act arrolies. ·~

(6) (2) This Act shall come into operation on the thirty-first day of March 1nineteen hundred and nine. (f-

(3) This Act m:=~y be cited as The rJOal Mines Act .. 1008 ;J and shall be oonatrued a.s one with Jhe Coal Mines Act,and this Act and the said Act may be cited together as Jhe Coal Mines Acts, 1906 and 1008.

1.T 1\Q ••• . ------------------------------- THIRD SESSION FIRST LmGISLA~J~E ·~ ~ ~~AIW V~l ~-.a ~· .""""' , ~ ff;. ""'.tl .. CIA~ ,~ ''-l" §!!l . V\JQ *' . ;;:;· .. <· fi! ),, , . ..., -~"-~ Q··< .. --------i~-~-~~i--~-----~-----~ .. ------::-;:- ...(. -~-,:.-. ~; 1.~ .. . •· "f. ,, ·. T'Ji, I. T L*' '.d - :.,.. <j 0 ~ . q. "i .:~ ' . ~· . ~.·: .. . . ,,... . ,..: ·~ M.

Aet .. ;a .ame}ld tb,e Co~l¥i1fas~ Act.,~r :ibe~.J?u:rnose. of: LiJut'me.;1'!'4 Hourf$;o.f.':~Wo.tl,~>·~lo'w Grourm,. :. '"! ~---1-:f~~~~~-;-:-~-~~=·~--; Rece¥te&:and· read .the -·; ,·, .. ll···c;:: .. , '\. dO "-!<.:?'· t.:f· .:;....'!:<. .,, ,.: Fitst;jtime .~ ..•..•.. ~ .• ~ '~-'· ~-~ : ·~,;..;· ~::~. . -[; •<~~. ·> ~)e.cona t~ple~'! • or:!, •• f.• • ';J .• ·-·~. !l· . ~: .. r-c '·~· .· ;·c (~>-•' !' .

Thir&:"'tilfie •:• • ."~ •••• .-}. , .~· · .·::- --~-1~~~!-~.L:==;~;:-~~~~. ~~ .. ·· 't ,.Jt:_ .,YJ. ~-.~· .~ ""fl '!;· I• "'" · ·~-/.., ==---=~~~-~~~:_;:: ______ ?----:--~..:-----ii- ''•· 1¥ 1'~ ~ ";:' '·' ' ' ~ '4' '"i· ~ t~ EDMONTON , . • .. ~ ~"--· ~ .~,- .'""• .;. . -1 ~~; 4·,. \" ;- . "" ·:- \ - . --1"·), -~ r e.s. E f-Fi®ards"~ Governni~t;~Pr~t~l-' • • ·, > . ' ' ' • ~ .iii ',f ' , A.D. 1008. If ~~ Title: 1908 (1st, 3rd) Bill 31,

An Act to Amend the Coal Mines Act for the Purpose of Limiting Hours of Work Below Ground

Document details

CollectionAlberta — Bills
CitationL1 S3 10351
Typebill
Volume / chapterL1 S3 10351
Languageen
Formatjson
SourcePROVINCIAL
Identifieraa13092e2002075f57a8ea60ecb65e9d9e316219

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