Occupational Disease Compensation Chapter 152, Section 1 (7A). "Personal injury' includes infectious or contagious diseases if the nature of employment is such that the hazard of contracting such diseases by an employee is inherent in the employment." Full coverage, by court interpretation. Reporting of Injuries Chapter 150, Section 19. Requires employers to keep a record of all injuries, fatal or otherwise, received by employees, and report occurrence of injury to Division of Industrial Accidents within 48 hours. Vocational Rehabilitation Chapter 152, Sections 30A to 30C. Authorize the Massachusetts Rehabilitation Commission, established under chapter 15, section 6A, to study the problems of rehabilitation, examine rehabilitation facilities, and establish a list of physicians competent to render rehabilitation services for seriously injured industrial workers; set forth requirements for acceptable facilities and qualified physicians and examiners; and require insurers to furnish rehabilitation services by a rehabilitation facility or physician when in opinion of the Commission the person is qualified for such services. DEPARTMENT OF EDUCATION Vocational Rehabilitation Chapter 15, Section 6A. The State Board for Vocational Education, in the Department of Education, is authorized to cooperate with the federal government in the administration of the Federal Act to promote vocational rehabilitation of persons disabled in industry. The Massachusetts Rehabilitation Commission is established as a subcommittee of the Board for Vocational Education, consisting of representatives of the Department of Education and the Division of Industrial Accidents, to administer the provisions of sections 30A, 30B, 30C of chapter 152. (See under Workmen's Compensation) The Department of Education is required to provide this Commission all records of workers injured in industrial accidents and entitled to compensation and subject to/or receiving rehabilitation. DEPARTMENT OF PUBLIC UTILITIES The Department of Public Utilities has jurisdiction over public service companies including railroads and other common carriers. Chapter 159, Section 27. Authorizes the Department to "enter upon premises occupied by any carrier subject to its jurisdiction for any purpose consistent with this chapter. It may inspect the property, equipment, buildings, plants, factories, power house, ducts, conduits and offices of any such carrier.' Section 30. Permits employees to make written complaints to the Department of defects in the ways, works, machinery or appliances, or in any car or vehicle of a railroad, railway or other carrier of passengers under its jurisdiction and prohibits divulging name of complainant. Section 18. Regulates hours of duty of drivers of motor vehicles used for transportation of property, and requires hours off duty to be at such place and under circumstances that rest and relaxation from strain of duties of employment may be obtained. Empowers Department of Public Utilities to make necessary rules and regulations to enforce. Section 86. Permits employment of common carriers to form corporation for establishment of relief funds "for the improvement and benefit of its members and for their relief in case of sickness, injury, inability to labor, or other causes." Chapter 160, Sections 132 to 134. Require that safety switches be of type approved by the Department; that frogs, switches and guard-rails on railroad tracks be blocked so as to prevent employees from being caught therein; and suitable bridge guards at every bridge or other structure which crosses railroad at a height of less than 22 feet. Penalty for noncompliance, and penalty for destroying bridge guards. Sections 156 to 158. Require safety couplers on railroad cars and certain cars to be equipped with secure grab-irons or hand-holds. Section 163A. Requires railroads to equip all track motor cars with a windshield, windshield cleaner, and canopy or top for protection from rain, snow and inclement weather. Section 185A. Requires provision of adequate lavatory and sanitary facilities for railroad and terminal corporation employees which shall be kept clean, free from insanitary conditions, and heated. Chapter 161, Section 101. Requires enclosed platforms on street cars during certain months to protect motormen, conductors and other employees operating cars from exposure to wind and weather. Penalty for violation. AIR POLLUTION CONTROL Chapter 140, Section 131D. Smoke Emitted by Steam Locomotives. Regulates emission of smoke by steam locomotives equal to No. 3 of Ringelmann chart. Emission for periods exceeding that authorized is declared to be a nuisance. Section 132. Smoke Nuisance. Declares "the emission, except by locomotive engines or by brick or pottery kilns, into the open air of dark smoke or dense gray smoke for more than five minutes continuously, or the emission, except as aforesaid, of such smoke during ninety minutes of any continuous period of twelve hours, within a mile of a dwelling," a nuisance in all towns (except Boston and vicinity), unless a permit is granted by aldermen of cities or selectmen of towns, to allow such emissions. (Enforced locally.) MICHIGAN SOURCE: Michigan Statutes Annotated STATE DEPARTMENT OF HEALTH Authority and Functions 1 Michigan Statutes Annotated, Section 14.2. Commissioner; powers and duties ... "The state health commissioner shall have general charge and supervision of the enforcement of the health laws of the State of Michigan and shall have the specific powers and duties hereinafter expressed. Section 14.4. State board of health; abolition, transfer of orders, powers and duties. Abolishes the State board of health (Act 146, 1919) and confers all its duties and powers on the State health commissioner. These include making "sanitary investigations and inquiries respecting the causes of disease and especially of epidemics; the causes of mortality, and the effects of localities, employments, conditions. and circumstances on the health of the people. They shall, when required or when they deem it best, advise officers of the government, or other state boards, in regard to location, drainage . . . heating and ventilation of any public building or institution.. Section 14.7. Rules and regulations; publication. "With concurrence of the State council of health . . . the state health commissioner may make and declare rules and regulations in accordance with the laws of the State for the proper safeguarding of the public health and for preventing the spread of diseases, or the existence of sources of contamination. . . . ... Section 17.431 (3). Investigation of reports. "Whenever the state commissioner of health receives a report . . . or has reliable notice that there is within the State a case of occupational disease, he may cause an investigation to be made to determine the authenticity of the report and the cause of the disease." NOTE: For further reference, see under reporting of occupational diseases. General Provisions Relating to Occupational Health None specifically. Reporting of Occupational Diseases Section 17.431. Occupational disease; reports by physicians, etc., contents; use as public records. ". . . every physician, hospital superintendent, or clinic registrar having knowledge of a case of occupational disease shall within ten (10) days report the same to the state department of health on a form provided by the state department of health, giving. All such reports and all records and data of the state department of health pertaining to such diseases are hereby declared not to be public records. The department of labor and industry shall have access to any such record in any case where any complaint or suit shall have been brought before it." Sections 17.431 (1) to 17.431 (4). Define an occupational disease, for the purpose of this statute, as an illness of the body which has the specified characteristics; provide for design and distribution of suitable blanks for reporting purposes by the Commissioner; empower the Commissioner to cause investigations to be made; and require the Department to compile summaries of the diseases reported together with the type of employment and disseminate them to all employers as well as information expedient to prevent the occurrence of occupational diseases. Penalty for failure to report. ... Section 17.12. Statistics; collection and compilation . "It shall be the duty of the commissioner to collect . . . statistical details relating to all departments of labor in this State . . . concerning the hours of labor the condition of all manufacturing establishments, hotels, stores, workshops and premises, where labor is employed, except farms and households. . ." Section 17.17. Inspectors' right of entry; refusal, penalty. "The commissioner . . . and deputy inspectors are authorized to enter any factory, workshop. . . for the purpose of investigation, inspection and recommendation and/ 1 Additional reference above (Section 17.431), and page 129 (Inspector of Coal Mines). ... or of gathering facts and statistics relating to hours of labor safety and sanitary conditions or matters. ." Penalty for violation. Section 17.28. Factory inspectors; designation, powers and duties. "The commissioner of labor shall be the chief factory inspector and . . . deputy factory inspectors shall be factory inspectors. . Said factory inspectors are hereby empowered to visit and inspect at all reasonable hours . . . the factories, workshops and other manufacturing establishments. . . . It shall also be the duty of the factory inspectors to enforce all the provisions of this act and to prosecute all violations of the same before a magistrate or in a court of competent jurisdiction in this state." NOTE: See also under statutory provisions relating to occupational health and safety for further references to specific functions of inspectors. Section 17.712. Standards as to working conditions, safety, health and morals, how fixed . . . "The commissioner of labor shall have authority to establish standards not inconsistent with this act [Hittle Juvenile Employment Act] as to the working conditions of minors under 18 years of age in various types of employment and as to safety, health and morals... Section 17.468 (1). Building safety council. . .rules and regulations. Authorizes the Commissioner of Labor to create a building safety council to formulate rules and regulations for the safety of employees in construction industries. Such rules and regulations shall be effective upon adoption by the legislature. General Provisions Relating to Occupational Health and Safety Statutory Provisions Safety of Workplaces and Equipment Re Section 17.22. Openings, duty to enclose, manner; inspection. quires owners of manufacturing establishments to enclose or guard all hoisting shafts, well-holes and elevators. Inspectors are empowered to inspect and to order apparatus to be kept in a safe condition. con Section 17.24. Factory stair requirements; doors to swing outward, fastening. Specifies requirements for safety of factory stairs and doors. Section 17.25. Guards and safety requirements for machinery demnation of unsafe equipment; unlawful installation, inspection and findings. Requires owners of workplaces to provide safety devices or appliances on all machinery, gearing, belting, vats or pans and make the operation of unsafeguarded machinery unlawful. Inspectors are empowered to condemn unsafe equipment and to make inspections for approving safeguards. Section 17.26. Dust-creating machinery; exhaust fans. Requires exhaust fans for carrying off dust from emery wheels, grindstones and dust-creating machinery when deemed necessary by the factory inspector. Sanitation Facilities Section 17.27. Washrooms; toilets; living quarters of help; sanitation; enforcement. Sets forth requirements for washrooms and toilets in manufacturing shops, hotels, institutions, stores, railway cars, and in construction work according to number of employees, and requires them to be maintained in a clean and sanitary condition, heated, lighted, and ventilated. Violations may be prosecuted at instance of factory inspector. Orders for Improvements Section 17.33. Power of commissioner of labor and inspectors to order improvements; ventilation. . . oxygen equipment for fire department employees; appeal of orders. "The commissioner of labor . . . shall have power to order all improvements herein specified, such as the repairing of elevators, the installment of wash and dressing rooms, adequate first aid facilities, and water closets. In addition, factory inspectors shall have power to order the installation of proper and adequate ventilation to carry off the emanations from all devices and equipment in manufacturing, mercantile and other establishments . . . necessary for the preservation of the health or safety of the persons therein... to order general ventilation in manufacturing, mercantile, and other establishments where deemed necessary for the preservation of the health or safety of the persons employed; such general ventilation to supply fresh air in equal quantities to the exhausted air at accepted working temperature not to exceed 6 changes per hour or less as conditions may require in such establishments. It shall be the duty of the commissioner of labor to assemble information on specific and general ventilation in manufacturing, mercantile, and other establishments as a guide to factory inspectors in carrying out the provisions of this section. Orders for improvement authorized under this section except those pertaining to the building and ordinary facilities shall be served on the employer . . . "The employees of a fire department shall be furnished equipment, meeting the approval of the department of labor, providing the requisite oxygen for such employees, when required in the line of duty, in the fighting of fire, to enter any place where the supply of oxygen is insufficient or unsafe. Foundries ... Section 17.35. Foundries . . . smoke, dust and gases .. first aid equipment; enforcement of provisions. Requires foundries to be constructed in a safe manner; provide exhaust fans or other means for promptly carrying off smoke, steam, dust, or noxious gases; be well ventilated, lighted and heated; and provide facilities for washing purposes and drying of clothing and first aid supplies in case of accidents. Grinding or Buffing Machinery Sections 17.36 to 17.40. Require emery wheels and buffing machinery to be equipped with fans or blowers or similar apparatus, so placed as to protect persons from particles of dust, and to remove dust effectively; require wheels to be fitted with hoods or hoppers and suction pipes; set forth specifications for size, construction and pressure in pipes; prescribe inspection powers of inspectors; prohibit the operation of such wheels, buffers or belts in basements or underground rooms unless adequately ventilated, heated and lighted; and prohibit employment of females on these operations. Hair Picking Machines Section 17.41. Hair picking machines; installations. Requires use of hair picking machines "to carry away the dust arising from or thrown off" and to confine such dust in upholstering, mattress and similar establishments. Industrial Homework Section 17.32. Sweat-shops Regulates industrial homework; provides for permit, the issuance of which is contingent upon inspection by inspectors; requires a minimum of 250 cubic feet of air space for each person employed and provision of light, heat and ventilation as prescribed by the factory inspector. Rules and Regulations None specifically. |