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LAWS OF VARIOUS STATES RELATING TO LABOR, ENACTED SINCE
JANUARY 1, 1904.
[The Tenth Special Report of this Bureau contains all laws of the various States and Territories and of the United States relating to labor, in force January 1, 1904. Later enactments are reproduced in successive issues of the Bulletin, beginning with Bulletin No. 57, the issue of March, 1905. I cumulative index of these later eractments is to be found on page 283 et seq. of this issue.]
ACTS OF 1907.
Act No. 11.-Hours of labor of employees on public works.
SECTION 1. Section 122 of the Revised Laws of Hawaii is hereby amended so as to read as follows:
“ Section 122. Eight hours of actual service on any working-ulay, except on Saturday, on which day only five hours of actual service shall constitute a day's labor for all mechanics, laborers, clerks and other employees employed upon any public work or in any public office of this Territory, or any political subdivision thereof, whether the work is done by contract or otherwise.”
Approved over governor's reto.
Act No. 96.-Employment offices.
SECTION 1. Chapter 102 of the Revised Laws of llawaii is hereby amended by adding ten sections thereto to be known as section
1.11SC, and to read as follows:
* Section 1418C. Every person, firm or corporation conducting an employment or intelligence office or advertising as an employment or intelligence agent shall pay an annual license fee of twenty-five dollars.
Approved this 23d day of April, A. D. 1907.
Act No. 98.-Rates of wages of employees on public works.
SECTION 1. From and after the passage of this act, the daily pay for each working-day of each laborer engaged in constructing or repairing roads, bridges or streets, waterworks or other works either by contract or otherwise, for the Territory of Hawaii, or for any political subdivision thereof, shall not be less than one dollar and twenty-five cents.
Approved over governor's reto.
Act No. 113.--Actions for personal injuries-Limitations.
SECTION 1. Actions for the recovery of compensation for damage or injury to persons or property must be instituted within one year next after the cause of action accrued, and not after : Prorided, That actions, on such causes, which accrued prior to the approval of this act, if otherwise barred hereby, may be brought within one year after such approval and not later.
Approved this 30th day of April, A. D. 1907.
Act No. 119.—Employment of minors in saloons-Sale of liquor to employees.
SECTION 30. Licenses shall be subject to the following conditions and provisions:
(4) That no holder of a license for a saloon business shall employ any minor in or about the room or place where intoxicating liquors are furnished or sold;
(5) That no intoxicating liquor shall be sold or furnished to
any employer shall have given notice as hereinafter provided, forbidding the sale of such liquor to such person;
Approved this 30th day of April, 1. D. 1907.
ACTS OF 1907.
Accidents to employees--Reports.
(Page 308.) SECTION 1. It shall be the duty of every person, firm or corporation employing laborers, artisans, mechanics, miners, clerks or any other servants or employees of any character, to make a report to the State bureau of labor statistics of every serious injury entailing a loss of thirty or more days' time, injury or death of every employee caused by accident while in the performance of any duty or service for such employer within thirty (30) days from the date of such injury or death. Such report shall give the name of the employer, character of business of such employer, where located, date of injury or death, name of person killed or injured, character of employnient of service, and cause of such injury or death, and when injury alone, then the character and extent of such injury, residence, nativity and age of the person injured or killed, whether married or single, and, if knowli, how many persons are dependent upon such employee.
SEC. 2. It shall be the duty of the State bureau of labor statistics to cause such reports to be made and to enforce the provisions of this act and shall cause all of such accidents or deaths by accidents to be classified into trades or kinds of employment, and shall cause the same to be published at least once each year on or before January 1st.
SEC. 3. Any person, firm or corporation failing or refusing to make the reports as provided in section 1 of this act shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined in a sum not less than twentyfive dollars ($25.00) nor more than two hundred dollars ($200.00). Approved May 21, 1907.
Inspection of factories—Butterine and ice cream factories.
(See Bulletin No. 73, pp. 831, 833.)
Department of factory inspection.
(See Bulletin No. 733, P. $37, S36.)
Protection of emplopees on buildings.
SECTION 1. All scaffolds, hoists, cranes, stays, ladders, supports or other mechanical contrivances, erected or constructed by any person, firm or corporation in this state for the use in the erection, repairing, alteration, removal or painting of any house, building, bridge. viaduct or other structure, shall be erected and constructed in a safe, suitable and proper manner, and shall be so erected and constructed, placed and operated as to give proper and adequate pirotection to the life and limb of any person or persons employed or engaged thereon, or passing under or by the same, and in such manner as to prerent the falling of any material that may be used or deposited thereon.
Scaffolding, or staging, swung or suspended from an overhead support more than twenty (20) feet from the ground or floor shall have, where practicable, a safety riril properly bolter, secured and braced, rising a lit] least thirtyfour (31
me the floor or main portion of such scaffolding or staging, and extending along the entire leugth of the outside and ends thereof, and properly attached thereto, and such scaffolding or staging shall be so fastened as to prevent the same from swaying from the building or structure.
SEC. 2. If in any house, building or structure in process of erection or collstruction in this State (except a private house, used exclusively as a private residence), the distance between the inclosing walls is more than twenty-four (24) feet, in the clear, there shall be built, kept and maintained, proper intermediate supports for the joists, which supports shall be either brick walls or iron . or steel columns, beams, trussels [trusses] or girders, and the floors in all such
houses, buildings or structures, in process of erection and construction shall be designed and constructed in such manner as to be capable of bearing in all their parts, in addition to the weight of the floor construction, partitions and permanent fixtures and mechanisms that may be set upon the same, a live load of fifty (50) pounds for every square foot of surface in such loors, and it is hereby maile the duty of the owner, lessee, builder or contractor or subcontractor of such house, building or structure, or the superintendent or agent of either, to see that all the provisions of this section are complied with.
Sec. 3. It shall be the duty of the owner of every house, building or structure (except a private house, used exclusively as a private residence) now under construction, or hereafter to be constructed, to atlix and display conspicuously, on each floor of such building, during construction, a placard, stating the loadi per square floor [foot] of floor surface, which may with safety be applied to that particular floor during suel construction; or if the strength of different parts of any foor varies, then there shall be such placards for each varying part of such floor. It shall be unlawful to load any such floors, or any part thereof, to a greater extent than the load indicated on such placards, and all such placards shall be verified and approved by the State factory inspector, a deputy factory inspector, or by the local commissioner or inspector of buildings or other proper authority, in the city, town or village charged with the enforcement of building laws.
SEC, 4. Vl'henever it shall come to the notice of the State factory inspector or the local authority in any city, town or village in this State, charged with the duty of enforcing the building laws, that the scaffolding or the slings, hangers, blocks, pulleys, stays, braces, ladders, irons or ropes of any swinging or stationary scaffolding, platform or other similar device used in the construction, alteration, repairing, removing, cleaning or painting of buildings, bridges or viaducts within this State are unsafe, or liable to prove dangerous to the life or limb of any person, the State factory inspector, or such local authority or authorities, shall immediately cause an inspection to be made of such scaffolding, platform or device, or the slings, hangers, blocks, pulleys, stays, braces, ladders, iron or other parts connected therewith. If, after examination, such scaffolding, platform or device or any of such parts is found to be dangerous to the life or limb of any person, the State factory inspector or such local authority shall at once notify the person responsible for its erection or maintenance of such fact, and warn hib! against the use, maintenance or operation thereof, and prohibit the use thereof, and require the same to be altered and recoustructed so as to aroid such danger. Such notice may be servedl personally upon the person responsible for its erection or maintenance, or by conspicuously affixing it to the scaffolding, platform or other such device or the part thereof declared to be unsafe. After such notice has been so servel or aflised, the person responsible therefor shall cease using and immediately remore such scaffolding, platform or other derice or part thereof and alter or strengthen it in such manner as to render it safe.
The State factory inspector or any of his deputies, or such local authority, whose duty it is, under the terms of this act, to examine or test any scaffolding, platform or other similar device, or part thereof, required to be erecteil and maintained by this section, shall have free access at all reasonable hours to any building or structure or premises containing such scaffolding, platform or other similar device, or parts thereof, or where they may be in use. All swing. ing and stationary scaffolding, platforms and other devices shall be so constructed as to bear four times the maximum weight required to be dependent therein or placed thereon when in use, and such swinging scaffolding, platform or other device shall not be so overloaded or overcrowdel as to render the same unsafe or dangerous.
SEC. 5. Any person, firm or corporation in this State hiring, employing or directing another to perform labor of any kind in the erecting, repairing, altering or painting of any water pipe, standpipe, tank, smokestack, chimney, tower, steeple, pole, staff, dome or cupola, when the use of any scaffold, staging, swing, hammock, support, temporary platform or other similar contrivance are required or used in the performance of such labor, shall keep and maintain at all times, while such labor is being performed, and such mechanical device is in use or operation, a safe and proper scaffold, stay, support or other suitable device, not less than sixteen (16) feet or more, below such working scaffold, staging, swing, hammock, support or temporary platform, when such work is being performed, at a height of thirty-two (32) feet, for the purpose of preventing the person or persons performing such labor from falling, in case of any accident to such working scaffold, staging, swing, hammock, support or temporary platform.
Sec. 6. All contractors and owners, when constructing buildings in cities, where the plans and specifications require the floors to be arched between the beams thereof, or where the fioors of [or] filling in between the floors are fireproof material or brickwork, shall complete the flooring or filling in as the building progresses, to not less than within three tiers or beams below that on which the iron work is being erected. If the plans and specifications of such buildings do not require filling in between the beams or floors with brick or fireproof material, all contractors for carpenter work in the course of construction shall lay the under flooring thereof or a safe temporary floor on each story as the building progresses to not less than within two stories or floors below the one to which such building has been erected. Where double floors are not to be used, such owner or contractor shall keep planked over the floor two stories or floors below the story where the work is being performed. If the floor beams are of iron or steel, the contractors for the iron or steel work of buildings in the course of construction, or the owners of such buildings, shall thoroughly plank over the entire tier of iron or steel beams on which the structural iron or steel work is being erected, except such spaces as may be reasonably required for the proper construction of such iron or steel work and for the raising and lowering of materials to be used in the construction of such buildings, or such spaces as may be designated by the plans and specifications for stairways and elevator shafts.
SEC. 7. If elevating machines or hoisting apparatus are used within a building in the course of construction for the purpose of lifting materials to be used in such construction, the contractors or owners shall cause the shafts or openings in each floor to be inclosed or fenced in on all sides by a substantial barrier or railing at least eight feet in height. Any hoisting machine or engine used in such building construction shall, where practicable, be set up or placed on the ground, and where it is necessary in the construction of such building to place such hoisting machine or engine on some floor above the ground floor, such machine or engine must be properly and securely supported with a foundation capable of safely sustaining twice the weight of such machine or engine. If a building in course of construction is five stories or more in height, no material needed for such construction shall be hoisted or lifted over public streets or allers unless such street or alley siiall he barricaded from ise by the public. The chief officer in any city, town or village charged with the enforcement of local building laws, and the State factory inspector, are hereby charged with enforcing the provisions of this act: Prorided. That in all cities in the State where a local building commissioner is provided for by law, such officer shall be charged wth the duty of enforcing the provisions of this act, and in case of his failure, neglect or refusal so to do, the State factory inspector shall, pursuant to the terms of this act, enforce the provisions thereof.
Sec. Ta. If elevating machines or hoisting apparatus, operated or controlled by other than hand power, are used in the construction, alteration or removal of any building or other structure, a complete and adequate system of communication by means of signals shall be provided and maintained by the owner, contractor or subcontractor, during the use and operation of such elevating machines or hoisting apparatus, in order that prompt and effective communication may be had at all times between the operator of engine or motive power of such elevating machine and hoisting apparatus, and the employees or persons engaged thereon, or in using or operating the same.
SEC. 8. It shall be the duty of all architects or draftsmen engaged in preparing plans, specifications or drawings to be used in the erection, repairing, altering or removing of any building or structure within the terms and provisions of this act, to provide in such plans, specifications and drawings for all the permanent structural features or requirements specified in this act; and any failure on the part of any such architect or driftsmen to perform such duty shall subject such architect or draftsmen to a fine of not less than twenty-five (25) dollars nor more than two hundred (200) dollars for each offense.
Sec. 9. Any owner, contractor, subcontractor, foreman or other person having charge of the erection, construction, repairing, alteration, removal or painting of any building, bridge, viaduct or other structure within the provisions of this act, shall comply with all the terms thereof, and any such owner, contractor, subcontractor, foreman or other person violating any of the provisions of this act shall, upon conviction thereof, be fined not less than twenty-five (25) dollars nor more than five hundred (500) dollars, or imprisoned for not less than three (3) months nor more than two (2) years, or both fined and imprisoned, in the discretion of the court.
And in case of any such failure to comply with any of the provisions of this act, any State factory inspector may, through the State's attorney or any other attorney, in case of his failure to act promptly, take the necessary legal steps to enforce compliance therewith.
If it becomes necessary, through the refusal or failure of the State's attorney to act, for any other attorney to appear for the State in any suit involving the enforcement of any provision of this act, reasonable fees for the services of such attorney sh be allowed by the board of supervisors or county commissioners in and for the county in which such proceedings are instituted.
For any injury to person, or property occasioned by any willful violations of this act, or willful failure to comply with any of its provisions, a right of action shall accrue to the party injured for any direct damages sustained thereby; and in case of loss of life by reason of such willful violation or willful failure as aforesaid, a right of action shall accrue to the widow of the person so killed, his lineal heirs or adopted children, or to any other person or persons who were, before such loss of life dependent for support on the person or persons so killed, for å like recovery of damages for the injuries sustained by reason of such loss of life or lives.
Approved June 3, 1907.
Mine regulations-Shot firers.
(Page 401.) SECTION 1. An act entitled "An Act providing that operators of mines shall furnish shot firers in mines where shooting and blasting is done,” approved May 18, 1905, in force July 1, 1905, is amended to read as follows:
Sec, 2. In all mines in this State where coal is blasted, and where more than two pounds of powder is used for any one blast; and also in all mines in this State where gas is generated in dangerous quantities, a sufficient number of practical, experienced men to be designated as shot firers, shall be employed by the company and at its expense, whose duty it shall be to inspect and do all the firing of all blasts, prepared in a practical, workmanlike manner in said mine or mines.
Sec. 3. The shot firers shall, immediately after the completion of their work, post a notice in a conspicuous place at the mine, in which shall be indicated the number of shots fired; also the number of shots they did not fire, if any, specifying the number of the room and designation of the entry, and giving reasons for not firing the same. In addition they shall also keep a daily permanent record in which shall be entered the number of shots or blasts fired, the number of shots or blasts failing to explode, and the number of shots or blasts that in their judgment were not properly prepared and which they refuse to fire, giving reasons for the same, the record to be in the custody of the mine manager and to be available for inspection at all times by parties interested.
Sec. 4. The superintendent or min manager shall not permit the shot firers to do any blasting, exploding of shots, or do any firing whatever until each and every miner and employee is out of the mine except the shot firers, mine supertendent, mine manager and man or men necessarily engaged in charge of the pumps and stables: Provided however, That nothing in this section shall be construed to prohibit the employment in such mine of a reasonably necessary number of men during such time for the purpose of securing the workings in case of fire therein.
Sec. 5. No miner or other person shall alter or change any drill hole, by increasing its depth, diameter or otherwise, after the same shall have been approved by the shot firer.
Sec. 6. No shot firer, whether voluntarily, or by command or request of any person, shall fire any unlawful shot, or any shot which in his judgment, exer