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place or manner as to obstruct or render hazardous the egress of operatives in case of fire.
Sec. 51. In every manufacturing establishment where the machinery used is propelled by steam, communication shall be provided between each room where such machinery is placed and the room where the engineer is stationed, by means of speaking tubes, electric bells or appliances that may control the motive power, or such other means as shall be satisfactory to the inspectors of factories: Provided, That in the opinion of the inspectors such communication is necessary.
SEC. 52. No prosecution for a violation of the provisions of section fifty-one of this act shall be made until four weeks after notice in writing by an inspector has been sent by mail to such person, firm or corporation of any changes necessary to be made to comply with the provisions of said section, nor then, if in the meantime such changes have been made in accordance with such notification.
SEC. 53. No outside or inside doors of any building wherein operatives are employed shall be so locked, bolted or otherwise fastened during the hours of labor as to prevent free egress.
Sec. 54. Any person, firm or corporation, being the owner, lessee or occupant of any such building shall
, after receiving five days' notice in writing from one of the inspectors of factories and public buildings, comply with the provisions of the preceding section.
SEC. 55. The inspectors of factories and public buildings shall enforce the provisions of this act.
SEC. 56. A district police officer detailed to perform the duties required by this act, who fails to perform such duties faithfully, shall be immediately discharged from his office.
SEC. 57. The chief of the district police shall report in print to the governor on or before the first day of January of each year, in relation to factories and public buildings, with such remarks, suggestions and recommendations as he may deem necessary.
SEC. 59. Any person, firm or corporation, being the occupant of any manufacturing establishment, or controlling the use of any building or room where machinery propelled by steam is used, violating the provisions of section fifty-one of this act, shall forfeit to the use of the Commonwealth not less than twenty-five dollars, and not more than one hundred dollars.
SEC. 60. Any person or corporation owning, leasing, occupying or controlling any building or room mentioned in section twenty-five of this act, who shall fail to observe the provisions of sections twenty-four to thirty-four of this act, shall be punished by a fine of not less than fifty nor more than one thousand dollars.
SEC. 61. Any person or corporation failing to send notice of any accident as required by section eight of this act, shall be punished by a fine not exceeding twenty dollars.
SEC. 62. Any person or corporation violating any provision of this act, where no other special provision is made, shall be punished by a fine not exceeding one hundred dollars.
Massachusetts (1894, 508) :
SEC. 26. All children, young persons and women, five or more in number, employed in the same factory, shall be allowed their meal time or meal times at the same hour, except that any children, young persons and women who begin work in such factory at a later hour in the morning than the other children, young persons or women employed therein, may be allowed their meal time or meal times at a different time; but no such children, young persons or women shall be employed during the regular meal hour in tending the machines or doing the work of any other children, young persons or women in addition to their own.
Sec. 27. No child, young person or woman shall be employed in a factory or workshop in which five or more children, young persons or women are employed, for more than six hours at one time, without an interval of at least half an hour for a meal, but a child, young person or woman may be so employed for not more than six and one half hours at one time if such employment ends at an hour not later than one o'clock in the afternoon, and if such child, young person or woman is then dismissed from the factory or workshop for the remainder of the day, or for not more than seven and one half hours at one time, if such child, young person or woman is allowed sufficient opportunity for eating a lunch during the continuance of such employment, and if such employment ends at an hour not later than two o'clock in the afternoon, and such child, young person or woman is then dismissed from the factory or workshop for the remainder of the day.
SEC: 28 Sections twenty-six and twenty-seven of this act shall not apply to iron works, glass works, paper mills, letter press establishments, print works, bleaching works or dyeing works; and the chief of the district police, where it is proved to his satisfaction that in any other class of factories or workshops it is necessary, by reason of the continuous nature of the processes or of special circumstances affecting such class, to exempt such class from the provisions of this act, and that such exemption can be made without injury to the health of the children, young persons or women affected thereby, may, with the approval of the governor, issue a certificate granting such exemption, public notice whereof shall be given in the manner directed by said chief, without expense to the Commonwealth.
Sec. 29. If any minor under the age of eighteen years or any woman shall, without the orders, consent or knowledge of the employer, or of any superintendent, overseer or other agent of the employer, labor in a factory or workshop during any part of any time allowed for dinner or for other meals in such factory or workshop, according to the notice required by law, and if a copy of such notice was posted in a conspicuous place in the room where such labor took place, together with a rule of the establishment forbidding such minor or woman to labor during such time, then neither the employer, nor any superintendent, overseer or other agent of the employer, shall be held responsible for such labor.
SEC. 30. Every person or corporation employing females in any manufacturing, mechanical or mercantile establishment in this Commonwealth shall provide suitable seats for the use of the females so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed.
SEC. 31. No child under the age of fourteen years shall be permitted to clean any part of the machinery in a factory when such part is in motion by the aid of steam, water or other mechanical power, or to clean any part of such machinery which is in dangerous proximity to such moving part.
SEC. 32. No person, firm or corporation shall employ or permit any person under fifteen years of age to have the care, custody, management or operation of any elevator, or shall employ or permit any person under eighteen years of age to have the care, custody, management or operation of any elevator running at a speed of over two hundred feet a minute.
SEC. 33. Every factory in which five or more persons are employed, and every factory, workshop, mercantile or other establishment or office in which two or more children, young persons or women are employed, shall be kept in a cleanly state and free from effluvia arising from any drain, privy or other nuisance, and shall be provided, within reasonable access, with a sufficient number of proper water closets, earth closets or privies for the reasonable use of the persons employed therein; and wherever two or more male persons and two or more female persons are employed as aforesaid together, a sufficient number of separate and distinct water closets, earth closets or privies shall be provided for the use of each sex, and plainly so designated; and no person shall be allowed to use any such closet or privy assigned to persons of the other sex.
SEC. 34. It shall be the duty of every owner, lessee or occupant of any premises so used as to come within the provisions of section thirty-three of this act, to carry out the same and to make the changes necessary therefor. In case such changes are made upon the order of an inspector of factories by the occupant or lessee of the premises, he may at any time within thirty days of the completion thereof bring an action before any trial justice, police, municipal or district court against any other person having an interest in such premises, and may recover such proportion of the expense of making such changes as the court adjudges should justly and equitably be borne by such defendant.
SEC. 35. When it appears to an inspector of factories that any act, neglect or fault in relation to any drain, water closet, earth closet, privy, ashpit, water supply, nuisance or other matter in a factory or in a workshop included under section thirtythree of this act, is punishable or remediable under chapter eighty of the public statutes, or under any law of the Commonwealth relating to the preservation of the public health, but not der this act, such inspector shall give notice in writing of such act, neglect or default, to the board of health of the city or town within which such factory or workshop is situated; and it shall thereupon be the duty of such board of health to make inquiry into the subject of the notice and to enforce the laws relative thereto.
SEC. 36. No criminal prosecution shall be instituted against any person for a violation of the provisions of sections thirty-three and thirty-four of this act until four weeks after notice in writing by an inspector of factories of the changes necessary to be made to comply with the provisions of said sections has been sent by mail or
delivered to such person, nor then, if in the meantime such changes have been made in accordance with such notification. A notice shall be deemed a sufficient notice under this section to all members of a firm or to a corporation when given to one member of such firm, or to the clerk, cashier, secretary, agent or any other officer having charge of the business of such corporation, or to its attorney; and in case of a foreign corporation notice to the officer having the charge of such factory or workshop shall be sufficient; and such officer shall be personally liable for the amount of any fine in case a judgment against the corporation is returned unsatisfied.
ŠEC. 37. Every factory in which five or more persons are employed, and every workshop in which five or more children, young persons or women are employed shall, while work is carried on therein, be so ventilated that the air shall not become so exhausted or impure as to be injurious to the health of the persons employed therein, and shall also be so ventilated as to render harmless so far as is practicable, all gases, vapors, dust or other impurities generated in the course of the manufacturing process or handicraft carried on therein, which may be injurious to health.
SEC. 38. If in a workshop or factory included in section thirty-seven of this act any process is carried on by which dust is generated and inhaled to an injurious extent by the persons employed therein, and it appears to an inspector of factories that such inhalation could be to a great extent prevented by the use of a fan or by other mechanical means, and that the same can be provided without incurring unreasonable expense, such inspector may direct a fan or other mechanical means of a proper construction to be provided within a reasonable time, and such fan or other mechanical means shall be so provided, maintained and used.
SEC. 39. No criminal prosecution shall be instituted for any violation of the provisions of sections thirty-seven and thirty-eight of this act unless such employer shall have neglected for four weeks to make such changes in his factory or workshop as shall have been ordered by an inspector of factories, by a notice in writing delivered to or received by such employer.
SEC. 57. The following expressions used in this act shall have the following meanings:
The expression “person means any individual, corporation, partnership, company or association.
The expression “child means a person under the age of fourteen years.
The expression “young person means a person of the age of fourteen years and under the age of eighteen years.
The expression "woman” means a woman of eighteen years of age and upwards.
The expression “factory” means any premises where steam, water or other mechanical power is used in aid of any manufacturing process there carried on.
The expression “workshop” means any premises, room or place, not being a factory as above defined, wherein any manual labor is exercised by way of trade or for purposes of gain in or incidental to any process of making, altering, repairing, orna menting, finishing or adapting for sale any article or part of an article, and to which or over which premises, room or place, the employer of the persons working therein has the right of access or control: Provided, however, That the exercise of such manual labor in a private house or private room by the family dwelling therein or by any of them, or in case a majority of the persons therein employed are members of such family, shall not of itself constitute such house or room a workshop within this definition.
The expression “iron works” means any mill, forge or other premises in or on which any process is carried on for converting iron into malleable iron, steel or tin plate, or for otherwise making or converting steel.
The expression “glass works” means any premises in which the manufacture of glass is carried on.
The expression paper mills” means any premises in which the manufacture of paper
is carried on. Îhe expression letter press establishments means any premises in which the process of letter press printing is carried on.
The expression “print works” means any premises in which is carried on the process of printing figures, patterns or designs upon any cotton, linen, woolen, worsted or silken yarn or cloth, or upon any woven or felted fabric not being paper.
The expression “bleaching works" means any premises in which the process of bleaching any yarn or cloth of any material is carried on.
The expression “dyeing works” means any premises in which the process of dyeing any yarn or cloth of any material is carried on.
The expression “public building” means any building or premises used as a place of public entertainment, instruction, resort or assemblage.
The expression “schoolhouse” means any building or premises in which public or private instruction is afforded to not less than ten pupils at one time.
The aforesaid expressions shall have the meanings above defined for them respectively in all laws of this Commonwealth, relating to the employment of labor, whether heretofore or hereafter enacted, unless a different meaning is plainly required by the context.
SEC. 71. Whoever, either for himself, or as superintendent, overseer or other agent of another, violates the provisions of sections twenty-six, twenty-seven, twenty-eight or twenty-nine of this act, as to meal hours, shall be punished by fine not exceeding one hundred dollars and not less than fifty dollars.
SEC. 72. Any person or corporation violating the provisions of section thirty of this act, as to seats for females, shall be punished by fine not exceeding thirty dollars and not less than ten dollars for each offense.
Sec. 73. Whoever, either for himself, or as superintendent, overseer or other agent of another, violates the provisions of section thirty-one of this act, as to cleaning of dangerous machinery, shall be punished by fine not exceeding one hundred dollars and not less than fifty dollars for each offense.
SEC. 74. Whoever violates the provisions of section thirty-two of this act, as to the care of elevators, shall be punished by fine not exceeding one hundred dollars and not less than twenty-five dollars for each offense.
SEC. 2. SHOPS AND STORES.—Most of the legislation connected with mercantile establishments is concerned solely with the hours of labor, but a few States have statutes relating to space, sanitary conditions, etc. And in Pennsylvania the factory law (8 1, above) applies also to mercantile establishments.
1 Thus, in New York (G. L. 32):
SEC. 168. Wash rooms and water-closets.--Suitable and proper wash rooms and water-closets shall be provided in, adjacent to or connected with mercantile establishments where women and children are employed. Such rooms and closets shall be so located and arranged as to be easily accessible to the employees of such establishments.
Such water-closets shall be properly screened and ventilated, and, at all times, kept in a clean condition. The water-closets assigned to the female employees of such establishments shall be separate from those assigned to the male employees.
If a mercantile establishment has not provided wash rooms and water-closets, as required by this section, the board or department of health or health commissioners of the town, village or city where such establishment is situated, shall cause to be served upon the owner of the building occupied by such establishment, a written notice of the omission and directing such owner to comply with the provisions of this section respecting such wash rooms and water-closets.
Such owner shall, within fifteen days after the receipt of such notice, cause such wash rooms and water-closets to be provided.
SEC. 169. Lunch rooms.-If a lunch room is provided in a mercantile establishment where females are employed, such lunch room shall not be next to or adjoining the water-closets, unless permission is first obtained from the board or department of health or health commissioners of the town, village or city where such mercantile establishment is situated. Such permission shall be granted unless it appears that proper sanitàry conditions do not exist, and it may be revoked at any time by the board or department of health or health commissioner, if it appears that such lunch room is kept in a manner or in a part of the building injurious to the health of the employees.
Sec. 170. Seats for women in mercantile establishments.-Chairs, stools or other suitable seats shall be maintained in mercantile establishments for the use of female employees therein, to the number of at least one seat for every three females employed, and the use thereof by such employees shall be allowed at such times and to such extent as may be necessary for the preservation of their health. If the duties of the female employees, for the use of whom the seats are furnished, are to be principally performed in front of a counter, table, desk or fixture, such seats shall be placed in front thereof; if such duties are to be principally performed behind such counter, table, desk or fixture, such seats shall be placed behind the same.
SEC. 171. Employment of women and children in basements.—Women or children shall not be employed or directed to work in the basement of a mercantile establishment, unless permitted by the board or department of health, or health com
SEC. 3. SWEATSHOPs." —The subject of sweatshops is new to treatment by statute. The name itself was hardly used before a few years ago, and the earliest statute is the New York law of 1892. Laws have so far been passed in Massachusetts, New York, New Jersey, Pennsylvania, Ohio, Indiana, Illinois, Michigan, and Missouri only, and they are generally identical in requiring inspection of shops or tene ments or even of private dwelling houses (Mass. 1894, 508, 44; 1898, 150; N. Y. G. L. 32, 100; 1899, 191; N. J. 1893, 216; Ill. 1893, p. 99; Ind. 1897, 65, 13; 1899, 142, 14-15; Pa. 1897, 37; 1899, 64; Mich. 1899, 233; Ohio 1896, p. 317; Mo. 1899, p. 273) or of buildings in the rear of dwelling houses (N. Y., N. J., Ind.), where the manufac ture of special articles, usually clothing, artificial flowers (N. Y., Pa., N. J., ill., Ind., Mich., Mo.), tobacco (N. Y., Pa., Ohio, N. J., Ill., Ind., Mich.), is carried on. In Pennsylvania, the manufacture of such articles in tenements or dwelling houses is absolutely prohibited. In other States it is permitted only to members of the family living therein (Mass., N. Y., N. J., Ohio, Ill., Ind., Mo.), and a license even for carrying on such labor in dwelling houses by members of the family is required (Mass., N. Y., N. J., Ill., Mich.), which must usually missioner of the town, village or city where such mercantile establishment is situated. Such permission shall be granted unless it appears that such basement is not sufficiently lighted and ventilated, and is not in good sanitary condition.
SEC. 172. Enforcement of article.—The board or department of health or health commissioners of a town, village or city affected by this article shall enforce the same and prosecute all violations thereof. Proceedings to prosecute such violations must begun within thirty days after the alleged offense was committed. All officers and members of such boards or department, all health commissioners, inspectors and other persons appointed or designated by such boards, departments or commissioners may visit and inspect, at reasonable hours and when practicable and necessary, all mercantile establishments within the town, village or city for which they are appointed. No person shall interfere with or prevent any such officer from making such visitations and inspections, nor shall he be obstructed or injured by force or otherwise while in the performance of his duties. All persons connected with any such mercantile establishment shall properly answer all questions asked by such officer or inspector in reference to any of the provisions of this article.
SEC. 173. Copy of article to be posted.—A copy of this article shall be posted in three conspicuous places in each mercantile establishment affected by its provisions.
The Massachusetts statute, as amended, has proved to be the most effective. It is as follows (Mass. 1894, 508, am. by 1898, 150):
SECTION 44. No room or apartment in any tenement or dwelling house shall be used for the purpose of making, altering, repairing or finishing therein any coats, vests, trousers or wearing apparel of any description whatsoever, except by the members of the family dwelling therein, and any family desiring to do the work of making, altering, repairing or finishing any coats, vests, trousers or wearing apparel of any description whatsoever in any room or apartment in any tenement or dwelling house shall first procure a license, approved by the chief of the district police, to do such work as aforesaid. A license may be applied for by and issued to any one member of any family desiring to do such work. No person, partnership or corporation, shall hire, employ or contract with any member of a family not holding a license therefor, to make, alter, repair or finish any garments or articles of wearing apparel as aforesaid, in any room or apartment in any tenement or dwelling house as aforesaid. Every room or apartment in which any garments or articles of wearing apparel are made, altered, repaired or finished, shall be kept in a cleanly condition and shall be subject to the inspection and examination of the inspectors of the district police, for the purpose of ascertaining whether said garments or articles of wearing apparel or any part or parts thereof are clean and free from vermin and every matter of an infectious or contagious nature. A room or apartment in any tenement or dwelling house which is not used for living or sleeping purposes, and which is not connected with any room or apartment used for living or sleeping purposes, and which has a separate and distinct entrance from the outside, shall not be subject to the provisions of this act. Nor shall anything in this act be so construed