Pennsylvania Act 1941-71 — RELATING TO COAL STRIPPING

Act text

RELATING TO COAL STRIPPING
                  Act of Jun. 18, 1941, P.L. 133, No. 71              Cl. 52
                                  AN ACT

     Relating to coal stripping operations; providing for the health
        and safety of persons employed therein and for the inspection
        and regulation of such operations by the Department of Mines;
        requiring certain information and reports, and prescribing
        penalties.

        Compiler's Note:  Section 16(a)(2) of Act 147 of 1971
            provided that Act 71 is repealed insofar as it is
            inconsistent with Act 147.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  For the purpose of this act a coal stripping
     operation shall mean any operation in which the earth and rock
     cover over-lying a coal vein are removed by mechanical means or
     by hand for the purpose of recovering, mining or removing coal
     thereunder.
        Section 2.  This act shall apply to every coal stripping
     operation in the Commonwealth of Pennsylvania. The Department of
     Mines and Mineral Industries shall have exclusive jurisdiction
     over all coal stripping operations in this Commonwealth. Any
     mine inspector directed by the Department of Mines and Mineral
     Industries shall have the right to enter upon and inspect all
     such stripping operations for the purpose of determining the
     conditions of safety.
        (2 amended Sept. 23, 1959, P.L.958, No.393)
        Section 3.  Each operator of a coal stripping operation shall
     furnish the mine inspector in whose district the operation is
     located a map or plan on a scale of one hundred (100) feet to
     the inch showing the location of said operation with respect to
     the land lines of adjoining properties, a monthly report of coal
     produced, number of employees and days worked, and also reports
     of all fatal and nonfatal accidents. An annual report shall be
     furnished to the Secretary of Mines on forms provided for that
     purpose not later than the fifteenth day of January each year
     for the preceding year.
        Section 4.  All coal stripping operations coming within the
     provisions of this act shall be conducted in compliance with
     such reasonable rules and regulations as may be deemed necessary
     by the Secretary of Mines for the health and safety of those
     persons engaged in such work. The Secretary of Mines through the
     mine inspectors shall have the authority and power to enforce
     the provisions of this act and the rules and regulations
     promulgated thereunder by him.
        Section 5.  Any person, firm or corporation violating any of
     the provisions of this act shall be guilty of a misdemeanor and,
     upon conviction, be sentenced to pay for each day of operation
     which shall constitute a separate offense a fine not to exceed
     two hundred dollars ($200) and costs, or be imprisoned in the
     county jail for a period not to exceed three (3) months, or
     both, at the discretion of the court.
        (5 amended Sept. 23, 1959, P.L.957, No.392)
        Section 6.  All acts and parts of acts inconsistent with the
     provisions of this act are hereby repealed.
        Section 7.  The provisions of this act shall be severable,
     and if any of its provisions shall be held to be
     unconstitutional the decision of the court as to those
     provisions shall not affect the validity of the remaining
     provisions of this act. It is hereby declared as the legislative
     intent that this act would have been adopted by the General
     Assembly had such unconstitutional provision or provisions not
     been included herein.
        Section 8.  The provisions of this act shall become effective
     immediately upon final enactment.