SEC. 6. After an inspection of a bakery has been made by the commissioner of labor and it is found to conform to the provisions of this act, said commissioner shall issue a certificate to the owner or operator of such bakery, that it is conducted in compliance with all the provisions of this act, but where orders are issued by said commissioner to improve the condition of a bakery, no such certificate shall be issued until such order and the provisions of this act have been complied with. SEC. 7. The owner, agent or lessee of any property affected by the provisions of this act, shall, within thirty days after the service of notice upon him, of an order issued by the commissioner of labor requiring any alterations to be made in or upon such premises, comply therewith, or cease to use or allow the use of such premises as a bake shop; such notice shall be in writing and may be served upon such owner, agent, or lessee, either personally or by mail, and a notice by registered letter, postage prepaid, mailed to the last known address of such owner, agent, or lessee shall be deemed sufficient for the purposes of this act. Inspection. Alterations. Notice. Contagious SEC. 8. No employer shall require, permit or suffer any person to work in his bake shop who is affected with tuberculosis, or with scrof- diseases. ulous diseases, or with any venereal disease, or with any communicable skin affection or contagious disease and no person so affected shall work or remain in a bake shop. Every employer is hereby required to maintain himself and his employees in a clean and sanitary condition while engaged in the manufacture, handling or sale of such food products. SEC. 9. No employer shall require, permit or suffer any person under Night work of sixteen years of age to work in his bake shop between the hours of children. eight o'clock in the evening and five o'clock in the morning. SEC. 10. Any person who violates the provisions of this act or refuses to comply with the requirements of the commissioner of labor, as provided herein, shall be guilty of a misdemeanor, and on conviction thereof before any court of competent jurisdiction, shall be fined not less than twenty-five nor more than fifty dollars or imprisoned not more than ten days for the first offense; and shall be fined not less than fifty nor more than one hundred dollars and imprisoned not less than ten nor more than thirty days for each offense after the first. ACTS OF 1905. CHAPTER 84.-Inspection of factories, etc. Violations. shifters, SECTION 1 (as amended by chapter 205, Acts of 1907). Any person, Belt firm, corporation or association operating a factory, mill or workshop guards, etc. where machinery is used shall provide and maintain in use, best shifters or other mechanical contrivances for the purpose of throwing on or off belts on pulleys while running, where the same are practicable with due regard to the nature and purpose of said belts and the dangers to employees therefrom; also reasonable safeguards for all vats, pans, trimmers, cut-off, gang edger, and other saws, planers, cogs, gearings, belting, shafting, coupling, set screws, live rollers, conveyors, mangles in laundries and machinery of other or similar description, which it is practicable to guard, and which can be effectively guarded with due regard to the ordinary use of such machinery and appliances, and the dangers to employees therefrom, and with which the employees of any such factory, mill or workshop are liable to come in contact while in the performance of their duties; and if any machine or any part thereof, is in a defective condition, and its operation would be extra hazardous because of such defect, or if any machine is not safeguarded as provided in this act, the use thereof is prohibited, and a notice to that effect shall be attached thereto by the employer or inspector immediately on receiving notice of such defect or lack of safeguard, and such notice shall not be removed until said defect has been remedied or the machine safeguarded as herein provided. SEC. 2. Every factory, mill or workshop where machinery is used and manual labor is exercised by the way of trade for the purposes of gain within an inclosed room (private houses in which the employees live, excepted) shall be provided in each workroom thereof with good 27295-No. 73-08-21 Ventilation. and sufficient ventilation and kept in a cleanly and sanitary state, and shall be so ventilated as to render harmless, so far as practicable, all gases, vapors, dust or other impurities, generated in the course of the manufacturing or laboring processes carried on therein; and if in any factory, mill or workshop, any process is carried on in any inclosed room thereof, by which dust is generated and inhaled to an injurious extent by the persons employed therein, conveyors, receptacles or exhaust fans, or other mechanical means, shall be provided and maintained for the purpose of carrying off or receiving and collecting such dust. SEC. 3. The openings of all hoistways, hatchways, elevators and wellholes and stairways in factories, mills, workshops, storehouses, warerooms or stores, shall be protected where practicable, by good and sufficient trapdoors, hatches, fences, gates or other safeguards, and all due diligence shall be used to keep all such means of protection closed, except when it is necessary to have the same open that the same may be used. SEC. 4 (as amended by chapter 205, Acts of 1907). It shall be the duty of the commissioner of labor, by himself or his duly appointed deputy, to examine as soon as may be after the passage of this act, and thereafter annually and from time to time, all factories, mills, workshops, storehouses, warerooms, stores and buildings and the machinery and appliances therein contained to which the provisions of this act are applicable for the purpose of determining whether they do conform to such provisions, and of granting or refusing certificates of approval, whether requested to do so or not. SEC. 5 (as amended by chapter 205, Acts of 1907). Any person, firm, corporation or association carrying on business to which the provisions of this act are applicable, shall have the right to make written request to said commissioner of labor to inspect any factory, mill or workshop, and the machinery therein used, and any storehouse, wareroom or store, which said applicant is operating, occupying or using, and to issue his certificate of approval thereof; and said commissioner of labor by himself, or his deputy, shall forthwith make said inspection. Upon receiving such application, the commissioner of labor shall issue to the person making the same, an acknowledgment that such certifi cate has been applied for, and thirty days after such acknowledgment, by said commissioner of labor, and pending the granting of such certificate, such acknowledgment shall have the same effect as such certificate, till the granting of such certificate by said commissioner of labor: Provided, Said applicant has not been notified by an inspector what alterations or repairs are necessary: Provided, The commissioner of labor by himself or deputy shall make such examination annually whether requested to do so or not. SEC. 6. Any employee of any person, firm, corporation or association shall notify his employer of any defect in, or failure to guard the machinery, appliances, ways, works and plants, with which or in about which he is working, when any such defect or failure to guard shall come to the knowledge of any said employee, and if said employer shall fail to remedy such defects then said employee may complain in writing to the commissioner of labor of any such alleged defects in or failure to guard the machinery appliances, ways, works and plants, or any alleged violation by such person, firm, corporation or association, of any of the provisions of this act, in the machinery and appliances and premises used by such person, firm, corporation or association, and with or about which such employee is working, and upon receiving such complaint, it shall be the duty of the commissioner of labor, by himself or his deputy, to forthwith make an inspection of the machinery and appliances complained of. SEC. 7 (as amended by chapter 205, Acts of 1907). Whenever upon examination or reexamination of any factory, mill or workshop, store or building, or the machinery or appliances therein to which the provisions of this act are applicable, the property so examined and the machinery and appliances therein conform in the judgment of said commissioner of labor to the requirements of this act, he shall thereupon issue to the owner, lessee or operator of such factory, mill or workshop or to the owner, lessee or occupant of any such storehouse, wareroom or store, a certificate to that effect, and such certificate shall be prima facie evidence as long as it continues in force of compliance on the part of the person, firm, corporation or association to whom it is issued, with the provisions of this act. Such certificate may be revoked by said commissioner of labor at any time upon written notice to the person, firm, corporation or association holding the same, whenever in his opinion after reexamination, conditions and circumstances have so changed as to justify the revocation thereof. A copy of said Copy to be certificate shall be kept posted in a conspicuous place on every floor posted. of all factories, mills, workshops, storehouses, warerooms or stores to which the provisions of this act are applicable. If, in the judgment of said commissioner of labor, such factory, mill or workshop, or the machinery and appliances therein contained, or such storehouse, wareroom or store does not conform to the requirements of this act, he shall forthwith, personally or by mail, serve on the person, firm, corporation or association opeating [operating] or using such machinery or appliances, or occupying such premises, a written statement of the requirements of said commissioner of labor, before he will issue a certificate as hereinbefore provided for; said requirements shall be complied with, within a period of thirty days after said requirements have been served as aforesaid and thereupon the said commissioner of labor shall forthwith issue such certificate; but if the person, firm or corporation operating or using said machinery and appliances or occupying such premises shall consider the requirements of said commissioner of labor unreasonable and impracticable or unnecessarily expensive, he may within ten days after the requirements of said commissioner of labor have been served upon him appeal therefrom or from any part thereof, to three Appeals. arbitrators to whom shall be submitted the matter and things in dispute, and their findings shall be binding upon said applicant and upon the commissioner of labor. Such appeal shall be in writing, addressed to the commissioner of labor and shall set forth the objections to his requirements, or any part thereof, and shall mention the name of one person who will serve as the representative of said applicant calling for arbitration. Immediately upon the receipt of such notice of appeal, it shall be the duty of the commissioner of labor to appoint a competent person as arbitrator resident in the county from which such appeal comes, and to notify such person so selected, and also the party appealing stating the cause of the arbitration, and the place, date and time of meeting. These two arbitrators shall select the third, and as soon thereafter as practicable, give a hearing on the matters of said appeal, and the findings of these arbitrators by a majority vote, shall be reported to the commissioner of labor, and to the applicant, and shall be binding upon each. The expense of such arbitration shall be borne by the party calling for the arbitration; and if said arbitrators sustain the requirements of said commissioner of labor or any part thereof, said applicant shall within thirty days, comply with the findings of said arbitrators, and thereupon said commissioner of labor shall issue his certificate as herein before provided (in section four of this act), but if said arbitrators shall sustain such appeal or any part thereof, the same shall be binding upon said commissioner of labor; and any such person, firm, corporation or association shall within thirty days, after the finding of the board of arbitrators, comply with the requirements of the commissioner of labor, as amended by said arbitrators, if so amended as herein provided for, and thereupon said commissioner of labor shall forthwith issue to any such person, firm, corporation or association, his certificate as provided for in section four of this act: Provided, however, That before any certificate shall be issued by said commissioner of labor as provided for in this act, the person, firm, corporation or association which has complied with the provisions of this act, shall pay to the commissioner of labor of the State of Washington, an annual fee of ten dollars (provided that any person, firm, corporation or association, employing not to exceed five persons in said factory, mill or workshop shall pay a fee of five dollars), and take his receipt therefor: It is further provided, That the withholding of such certificate shall not excuse such person, firm, corporation or association from obtaining the same and paying the required inspection fee, and the person, firm, corporation or association inspected shall likewise be civilly liable for such inspection fee. Fees. Fund. Violations. Liability. Action. Construction. of statute. Upon presentation of said receipt to said commissioner of labor, or his deputy, he shall forthwith issue said certificate as in this act provided. Said fee shall entitle the person, firm, corporation or association paying the same, to any and every inspection of any factory, mill, workshop, storehouse, wareroom or store, and the machinery and appliances contained therein, owned and operated by the party paying said fee, that may be necessary, for a period of one year subsequent to its payment; and all moneys collected for licenses and fines, under the provisions of this act, shall be paid into the State treasury and be converted into a special factory inspection fund, from which special fund shall be paid the deputy factory inspectors required to enforce the provisions of this act. Said deputy factory inspectors shall be paid from the special factory inspection fund, upon the presentation of vouchers properly signed by the labor commissioner in the same manner in which other employees of the State are paid. SEC. 8. Any person, firm, corporation or association who violates or omits to comply with any of the foregoing requirements or provisions of this act, and such violation or omission shall be the proximate cause of any injury to any employee, shall be liable in damages to any employee who sustains injuries by reason thereof: Provided, The amount of damages which any one person may recover in an action for or on account of injuries received by reason of any alleged violation of any of the provisions of this act, is hereby expressly limited to the sum of seven thousand five hundred dollars. SEC. 9. No action for the recovery of compensation for injury under this act shall be maintained unless notice of the time, place and cause of injury is given to the employer within six months, and the action is commenced within one year, from the occurrence of the accident causing the injury. The notice required by this section shall be in writing, signed by the person injured, or by some one in his behalf; but if from mental or physical incapacity it is impossible for the person injured to give the notice within the time provided in this section he may give the same within ninety (90) days after such incapacity is removed, and in case of his death without having given the notice because of mental or physical incapacity, his executor, or adminis trator may give such notice within thirty days after his appointment. SEC. 10. Nothing in this act contained shall prevent any person from bringing an action under any other statute or act or at common law for any personal injuries received by him; and in that event the certificate provided for herein shall not be admitted in evidence in such suit or action. SEC. 11 (as amended by chapter 205, Acts of 1907). Any person, firm, corporation or association who violates or fails to comply with any of the provisions of this act or to pay for and obtain the certificate of inspection shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. SEC. 12. A copy of this act, together with the name and address of the commissioner of labor, printed in a legible manner, shall be kept posted in a conspicuous place on each floor of every factory, mill, workshop, storehouse, wareroom or store, and at the office of every public and private work to which the provisions of this act are applicable, upon the same being supplied to the operators, owners, lessee, or occupants, of such places with sufficient copies thereof by the commissioner of labor. SECTION 1. There * WEST VIRGINIA. CODE OF 1899. Bureau of labor. * (Page 1057.) is hereby created a State bureau of labor, to be under the control and management of a commissioner to be known as the State commissioner of labor, who is to be appointed as hereinafter provided. SEC. 2. The governor shall, with the advice and consent of the senate, Commissioner. appoint a competent person, who is identified with the labor interests of the State, to be State commissioner of labor, who shall hold his * for a term of four years and until his successor is * * office * * * * * * SEC. 3. The commissioner of labor shall receive an annual Salary, etc. salary of $1,200 for his services. The commissioner of labor is hereby authorized to employ such assistance and incur such expenses as may be necessary to carry into effect the purposes of this act; but such assistance and expenses shall not exceed $1,200. SEC. 4. It shall be the duty of the commissioner of labor to collect, Duties. compile and present to the governor, in annual report, statistical details relating to all departments of labor and the industrial interests of the State, especially in relation to the financial, social, educational and sanitary condition of the laboring classes, and all statistical information that may tend to increase the prosperity of the productive industries of the State. He shall, once at least in each year, visit and inspect the principal factories and workshops of the State; and shall, upon complaint and request of any three or more reputable citizens, visit and inspect any place where labor is employed and make true report of the result of his inspection. Powers. Answers to in SEC. 5. The commissioner of labor shall have power, in the discharge of his duties, to enter and inspect any public institution of the State and any factory, workshop or other place where labor is employed. He may furnish a written or printed list of interrogatories, asking information essential to a proper discharge of his duties, to any person, company or corporation employing labor, and require full and complete answers thereto. And if any person, or the officers of any company or corporation shall neglect or refuse to answer, within quiries. a reasonable time, any proper question propounded to him by the commissioner of labor; or if any person or the officers of any company or corporation to whom a list of interrogatories has been furnished, shall neglect or refuse to fully and truthfully answer and return the same, such person or such officer of such company or corporation shall be deemed guilty of a misdemeanor. The commissioner of labor shall report to the prosecuting attorney of the proper county all such violations of this act; whereupon said prosecuting attorney shall proceed against the persons guilty thereof, as in other cases of misdemeanor; and any person or any officer or any company or corporation, convicted in such proceedings shall be fined not less than ten dollars nor more than fifty dollars, or shall be confined in the county jail not less than ten nor more than ninety days, or shall be both fined and imprisoned within the above limits. CHAPTER 19.-Factories and workshops-Inspection, etc. Guards for ma chinery. SECTION 1. In all manufacturing, mechanical and other establishments, in this State, where the machinery, belting, shafting, gearing, drums and elevators, are so arranged and placed as to be dangerous to persons employed therein, while engaged in their ordinary duties, shall be safely and securely guarded when possible, and if not possible, the notices of the danger shall be conspicuously posted in such establishments, and no minor or female of any age shall be permitted to clean Cleaning movany of the mill gearing or machinery in such establishments while the ing machinery. same is in motion. SEC. 2. The opening of all hatchways, elevators and wellholes, upon each floor of every manufacturing, mechanical, mercantile or public building in this State, shall be protected by good and sufficient trapdoors, self-closing hatches, or strong guard rails at least three feet high. All due vigilance shall be used to keep such trapdoors closed at all times, except when in actual use. SEC. 3. In every factory, workshop or establishment, in this State, where females are employed, where unclean work of any kind has to be performed, suitable places shall be provided for such females to wash and to change clothing, and stairs in use by females shall, in all such establishments, be properly screened, and separate water-closets shall be provided for the use of employees of either sex, in all manufacturing, Hatchways. Wash rooms, etc. |