293.420. Weighing regulations where coal miners paid by weight.

MISSOURI STATUTES AND CODES

293.420. Weighing regulations where coal miners paid by weight.

Weighing regulations where coal miners paid by weight.

293.420. 1. In all coal mines, the miners shall be paid byweight, and the operator of every coal mine shall provide andhereafter maintain suitable and accurate scales, which scalesshall be examined, tested, and kept in thorough repair by acompetent person employed by the operator, at least once in everysix months; a correct record shall be kept of all coal soweighed, which record shall be open at all reasonable hours tothe inspection of miners employed at the mine. The operatorshall keep at the mine weighhouse such standard United Statestest weights as may be prescribed by the director, for use intesting such scales; except that this section shall not apply toany operator who does not employ more than three men at any onetime. The word "miners" as used in this section shall not beconstrued to include those persons who mine coal mechanically andwho are paid a day rate for their services, in accordance withthe terms and provisions of any collective bargaining agreementbetween the operator and such employees.

2. The operator of every such coal mine shall not, beforeweighing the coal, pass the coal over any screen or other devicewhich shall take any part from the value thereof, or otherwiseremove any of the coal; and shall duly credit the just andmerchantable weight thereof to the employee sending the coal tothe surface.

3. The person authorized to take such weight and keep suchrecord shall, before entering upon his duties, satisfy the mineinspector that he understands the operations and adjustment ofmine scales; and shall, before entering upon his duties take andsubscribe before a person authorized to administer oaths, anaffidavit that he has not, and will not have while so employedany financial interest, direct or indirect, in such mine and thathe will accurately weigh and carefully keep a record of all coalso weighed. The affidavit shall be filed in the office of theclerk of the circuit court for the county, and a copy thereofkept conspicuously at the place of weighing.

4. Miners employed in any coal mine have the power, if theydesire, of employing at their own expense, a check-weighmaster,who shall have the right to be present and observe the weighingof coal by the weighmaster, to examine and test the scales, toinspect the records made by the weighmaster; and to be subject tothe same qualifications, oath and penalties as the weighmaster.