52 Pa. Stat. § 70-109

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 70-109 - Anthracite Mine Inspectors' and Electrical Inspectors' Examining Board
(a) The Anthracite Mine Inspectors' and Electrical Inspectors' Examining Board for the anthracite coal mines of the Commonwealth of Pennsylvania shall consist of the secretary, two mining engineers, who shall have had at least five years' experience in the anthracite coal mines of Pennsylvania, three members who shall be coal miners in actual practice and who shall have had at least five years practical experience in the anthracite mines of Pennsylvania. All members of the examining board shall be at least thirty years of age, and all members, other than the secretary, shall be appointed by the Governor.
(b) The Secretary of Mines and Mineral Industries shall be the chairman of the examining board. The chairman of the examining board shall select a secretary who need not be a member of the examining board.
(c) The examining board, after being duly organized, shall take and subscribe to, before any officer authorized to administer the same, the following oath, namely:

"We, the undersigned, do solemnly swear (or affirm) that we will perform the duties of examiners of applicants for appointment as inspector of mines or as electrical inspector to the best of our ability, and that in recommending or rejecting said applicants we will be governed by the evidence of their qualifications to fill the position, and not by any consideration of political or personal favor, and that we will certify all whom we may find qualified according to the true intent and meaning of this act, and none other."

(d) The secretary of the examining board and each member of the examining board (other than the Secretary of Mines and Mineral Industries), shall receive thirty dollars ($30) per diem while actively engaged in the performance of the work of the examining board. The Secretary of Mines and Mineral Industries shall have the right to determine, from time to time, the maximum number of days for which the members of the examining board and its secretary shall receive compensation. The members of the examining board and its secretary shall receive traveling expenses at the prevailing rate from their home to the place of the meeting of the examining board and returning therefrom, and such other necessary expenses as may be incurred in connection with the work of the examining board.
(e) The examining board shall prepare questions and answers and formulate rules for the examination of candidates for appointment to the office of mine inspector and electrical inspector. The examining board shall conduct, at a place designated by it, an examination of candidates for appointment to the offices of mine inspector and electrical inspector when there remains upon the list of successful candidates less than three names, as a result of appointments made therefrom, or as a result of the expiration of certificates of qualification or from any other cause, the Governor shall call the Anthracite Mine Inspectors' and Electrical Inspectors' Examining Board to meet and proceed to conduct an examination for the purpose of supplying a new list of eligible candidates.
(f) Candidates for the office of mine inspector who have submitted such proof as the examining board shall require that they are otherwise qualified as set forth in section 107 of this article shall be examined on and must possess the following qualifications:
(1) They shall be citizens of this Commonwealth and residents of the anthracite region, of temperate habits, of good repute as a man of personal integrity, in good physical condition, and not under thirty or over fifty-five years of age. Every applicant shall furnish to the examining board a service statement. Such statement shall show the length of time served at each class of work at which the applicant has been employed in and about the mines, and be certified to by the superintendent or other responsible official under whom such applicant was employed. The operator or superintendent of every mine or colliery is hereby required to furnish such a statement to every applicant.
(2) They shall give to the board satisfactory evidence of having had at least ten years of practical experience in the anthracite coal mines of this Commonwealth, five years of which shall have been immediately preceding the examination, and shall have served as qualified coal miners possessing miners' certificates engaged in the actual practice of cutting and blasting coal or rock at the face of a gangway, airway, breast, pillar, or other working place in a mine, and in performing such other work in such working places as is necessary for the extraction of coal.
(3) They shall give to the board satisfactory evidence of having had practical experience with explosive gases and other dangerous and noxious gases found in coal mines.
(4) They shall give to the board satisfactory evidence of having a general, practical knowledge of mines, mining and machinery.
(5) They shall give to the board satisfactory evidence of having a general, practical and comprehensive knowledge of the chemistry of gases generally found in coal mines.
(6) They shall give to the board satisfactory evidence of having a knowledge of the methods of administering first aid to the injured, and of the work and requirements of rescue corps.
(7) They shall give to the board satisfactory evidence of having a knowledge of the science of electricity as applied to coal mining, and they shall, in addition, give evidence of having a sufficient knowledge of the science of mining engineering to enable them to read and understand the mine workings of any mine as shown on mine maps which may be presented at such examinations, and they shall be able to make a cross section of a mine from said maps.
(8) They shall give to the board satisfactory evidence of having a theoretical and practical knowledge of the different systems of mining and ventilating anthracite coal mines, and of their fitness and capability to perform the duties of the office of a mine inspector.
(9) The examination, shall be in writing, and the applicants who have attained an average of at least ninety percent, including proper allowances for experience shall be deemed successful, but in no case shall the allowances for experience be more than twenty-five percent.
(g) Candidates for the office of electrical inspector who have submitted such proof as the examining board shall require that they are otherwise qualified as set forth in section 108 of this article, shall be examined on and must give evidence of having such theoretical as well as practical knowledge and general intelligence respecting the use and installation of both alternating current and direct current electricity in the mines, machinery powered thereby, and the laws of the Commonwealth relating to the application of electricity in mines as will satisfy the examining board of their capacity and fitness to perform the duties of electrical inspectors under this act and must pass the examination with an average of eighty-five percent.
(1) Public notice of an examination shall be given at least two weeks prior thereto in a newspaper published in each of the following counties: Luzerne, Lackawanna, Schuylkill and Northumberland. The board shall meet at the time and place set forth in said notice, and examine the applicants for the office of anthracite mine inspector or electrical inspector.
(2) The names and percentages of all successful candidates who are properly qualified under the provisions of this article to fill the office of inspector shall be certified by the examining board to the Governor and to the department. A certificate of qualification shall be issued to each successful candidate by the secretary. A certificate so granted shall be valid for a period of four years from the date of the examination unless the holder has received an appointment in the interim period in which case the certificate shall become permanent unless the appointee has voluntarily relinquished the position within a period of one year after appointment. A certificate of qualification of a person honorably discharged from the armed forces of the United States shall not expire until the first examination occurring more than six months following his release from military service.
(3) Any inspector appointed under the provisions of previous laws or under the provisions of this act shall be eligible for reappointment without further examination, even if beyond fifty-five years of age, if he has served as an inspector for a period of four or more years.

52 P.S. § 70-109

1965, Nov. 10, P.L. 721, No. 346, art. I, § 109.