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MARVIN MANDEL, Governor 975
FROM ANY ADJOINING WORKING PLACE
WHERE THERE IS DANGER OF BREAKING
THROUGH AND BE AT A SAFE DISTANCE
AROUND A RIGHT ANGLE, WHILE COAL
BREAKING IS IN PROGRESS.
REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 629 of the Code.
The only changes made are in style.
7-457. MINERS TO BE PAID ACCORDING TO COAL WEIGHT;
SCALE FOR TESTING OF WEIGHT.
(A) MINERS PAID BY WEIGHT; MAINTENANCE AND
TESTING OF SCALES; EXCEPTION.—IN EVERY COAL MINE IN
THE STATE, EACH MINER SHALL BE PAID BY WEIGHT. EACH
COAL MINE OPERATOR SHALL PROVIDE AND MAINTAIN A
SUITABLE AND ACCURATE SCALE, WHICH A COMPETENT
WEIGHMASTER EMPLOYED BY THE OPERATOR SHALL EXAMINE AND
TEST AT LEAST ONCE EVERY SIX MONTHS, AND KEEP IN
THOROUGH REPAIR. A CORRECT RECORD SHALL BE KEPT OF
ALL WEIGHED COAL. THIS RECORD SHALL BE OPEN FOR
INSPECTION AT ANY REASONABLE HOUR BY ANY MINER
EMPLOYED AT THE MINE. THE OPERATOR SHALL KEEP AT THE
MINE WEIGHHOUSE THE STANDARD UNITED STATES TEST
WEIGHTS THE BUREAU PRESCRIBES FOR THE USE IN TESTING
THE SCALE. BUT THIS SUBSECTION DOES NOT APPLY TO ANY
OPERATOR WHO DOES NOT EMPLOY MORE THAN THREE WORKERS
AT ANY ONE TIME. THE WORD "MINER" AS USED IN THIS
SUBSECTION DOES NOT INCLUDE A PERSON WHO MINES COAL
MECHANICALLY AND IS PAID A DAY RATE FOR HIS SERVICE,
IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF ANY
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE OPERATOR
AND THE EMPLOYEE.
REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 630 of the Code.
The only changes made are in style.
(E) OPERATOR NOT TO DEDUCT FROM VALUE.—BEFORE
WEIGHING THE COAL, THE OPERATOR OF ANY MINE MAY NOT
PASS IT OVER ANY SCREEN OR OTHER DEVICE WHICH TAKES
ANY PART FROM ITS VALUE, OR OTHERWISE REMOVE ANY OF
THE COAL. HE SHALL CREDIT THE JUST AND MERCHANTABLE
WEIGHT TO THE WORKER SENDING IT TO THE SURFACE.
REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 631 of the Code.
The only changes made are in style.
(C) QUALIFICATIONS OF WEIGHMASTER.—BEFORE THE
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