II. Industrial Code Bulletin No. 28. Rules Relating to the Arrangement and Guarding of Sewing Machines, Machinery, Apparatus, Equipment, Furniture and Fixtures in Needle Trades. Effective October 1, 1924. Rules include requirements for first-aid kit, intensity of illumination, and comfort and welfare of employees. 12. Industrial Code Bulletin No. 29. Rules Relating to Dry Dyeing Plants and Dry Cleaning Plants. Effective November 1, 1926. Rules set forth requirements concerning safety of construction, apparatus and equipment used in operations, fire prevention, guarding of machinery, sanitation facilities and illumination and ventilation of wet dye houses. Require certificate of compliance to be issued by Commissioner, and first-aid kits. 13. Industrial Code Rule No. 31. Rules Relating to Underground Mining Operations. Effective March 1, 1949. Rules apply to all underground mining operations. General rules deal with responsibilities of employers, inspections, dust control in drilling, blasting, mucking and crushing operations, protective clothing, ventilation, fire prevention, safeguarding machinery, detection of flammable gas, and related subjects. More comprehensive requirements are set forth for sanitation, lighting, ventilation, aid to the injured, exits and openings, explosives, combustible liquids, electrical equipment, hoisting, signal systems, haulage and handling equipment, drilling and timbering. 14. Industrial Code Rule No. 30. Rule Relating to Tunneling Operations. Effective June 1, 1952. Rule applies to all operations under normal atmospheric pressure in connection with the excavation and construction of tunnels. Rules cover the subjects mentioned in Code Rule No. 31 relating to underground mining operations which are made applicable to tunneling operations. 15. Industrial Code Bulletin No. 32. Rules Relating to Spray Coating of Motor Vehicles. Effective January 1, 1934. Rules require that spray coating operations be exhausted, and that plans and specifications for systems be filed with the Industrial Commissioner. Specifications are given for construction of spray booths, rooms and hoods for ducts, pipes and fans, and for equipment. Rules also concern maintenance and operations, use of respirators, storage of materials, and mixing of coating material. 16. Industrial Code Bulletin No. 33. Rules Relating to Control of Silica Dust in Rock Drilling. Effective May 1, 1937. Rules apply to all rock drilling operations in silica-bearing rock; prohibit dissemination of injurious silica dust concentrations into the atmosphere; require that only dust control equipment and methods approved by the Commissioner be used; provide for inspections and tests by the Commissioner for the purpose of securing approval; specify type and conditions of drill operations, and operation of control equipment; and prescribe wet methods of dust control and wet drilling. "Injurious silica dust concentration" is set at 100 million particles per cubic foot of air for rock with free silicon dioxide less than 10 percent by weight, and 10 million particles per cubic foot of air when free silicon dioxide is 10 percent or more by weight or content is unpredictable or variable. 17. Industrial Code Rule No. 35. Rules Relating to the Control of Silica Dust in the Stone Cutting and Stone Finishing Industry. Effective September 1, 1941. Rules apply to stone cutting operations in stone cutting plants and in connection with construction and alteration of buildings, monuments and other structures. Maximum allowable dust concentrations, according to class of stone as determined by content of free silicon dioxide, are given as 100 million, 10 million, and 5 mil lion particles per cubic foot of air. Rules concern determination of atmospheric dust concentration, and methods of dust control; plan examination of equipment by the Industrial Commissioner and tests for approval of installations; specifications for local exhaust ventilation systems; wet method of dust control; and respiratory protective equipment. NOTE: Numerous other industrial code bulletins have been issued. Among these are codes relating to general construction and exits of buildings in which mercantile establishments are conducted (No. 26); steam boilers (No. 14); floor and stair surfaces, railings and toeboards (No. 16); automatic sprinkler systems (No. 23); erection, repair and demolition of buildings or structures (No. 23); bakeries and confectioneries (No. 4); fire escapes (No. 13); fire drills (No. 24); and manufacture, handling and storage of military pyrotechnics (No. 37). Employment of Women and Minors Among pertinent provisions are the following: Labor Law, Section 130. Prohibits employment of children under 16 in certain establishments; requires permit for employment of children between 14 and 16 in other trades, businesses or services. Section 133. Regulates employment of children 14 to 18 years of age under physical disability. Section 145. Authorizes medical inspector of Department of Labor to require any child between 16 and 18 years of age employed in a factory or mercantile establishment to submit to a physical examination. Failure to submit to examination, or a finding of physical unfitness for the employment, results in recommendation to Superintendent of Schools for revocation of permit or certificate. Section 146. Prohibits and/or restricts employment of children under 16 and under 18 in specific operations and occupations; of females under 16 where work compels constant standing; of minors under 16 in mines and quarries; of males under 18 and females under 21 in cleaning machinery while in motion; or minors under 18, in using any abrasive, or emery polishing or buffing wheel where articles of the baser metals or iridium are manufactured, permitting, however, employment of females over 21 in such places where wet grinding under conditions specified by Board of Standards and Appeals is used; of females under 21 as conductor or guard on any street, surface, electric, subway or elevated railroad, and as messenger or deliverer of goods; and provides that the Board of Standards. and Appeals may prohibit or regulate employment of minors under 18 in any other trade, process, occupation or method when found on investigation to be dangerous, or injurious to their health. Section 147. Regulates employment of females in foundries engaged in coremaking. Authorizes Board to adopt rules and regulations relating to the construction, equipment, maintenance and operation of core rooms, and the size and weight of cores that may be handled by women. Requires "a partition separating the oven from the space where cores are made, to be so constructed that gases and fumes will not enter the space where women are employed." Section 148. Prohibits employment of females within 4 weeks after childbirth in any factory or mercantile establishment. Section 150. Requires provision of seats for female employees "in every factory, mercantile establishment, freight or passenger elevator, hotel or restaurant." Sections 170 to 173a. Regulate hours and days of employment of children under 18 and females over 18 in certain canneries. Section 228. Prohibits employment of children under 18 in penal, correctional, or mental institutions in work relating to custody or care of prisoners or inmates. (Not applicable to student nurses receiving supervised training.) Mines, Tunnels and Quarries Labor Law, Sections 400 to 404. Deal briefly with blasting, storing of inflammable supplies, provision of properly heated and equipped washrooms, ingress and egress in mines and tunnels, and maintenance of an air current sufficient to remove smoke and noxious gases. Penalty for violation. Compressed Air Sections 425 to 431. Regulate working conditions in compressed air; specify equipment and conditions for safety of workers, require that employers keep at place of work one or more qualified medical officers to care for cases of illness, to make required physical examinations of new employees, of employees after absence for 10 days or more, and of employees working in compressed air for 3 months; and specify shifts and intervals of work and decompression. Penalty for violation. Penal Law, Section 1270. Prescribes penalty for violation of article 15 of Labor Law on mines, tunnels, quarries and compressed air. (See also under Rules and Regulations.) Reporting of Occupational Diseases Labor Law, Section 206. Physicians' Reports of Industrial Poisonings. "Every physician attending any person whom he believes to be suffering from poisoning by lead, phosphorus, arsenic, brass, wood alcohol, mercury or other compounds, or from anthrax, or compressed air illness, contracted as the result of the nature of such persons' employment, shall send to the commissioner a report stating..." Industrial Code Bulletin No. 22 entitled Rules Relating to Work in Compressed Air (Tunnels and Caissons) requires the reporting of cases of compressed air illness to the Industrial Commissioner. See page 197. Workmen's Compensation The Workmen's Compensation Law is administered by the Workmen's Compensation Board. (Book 64, McKinney's Consolidated Laws of New York Annotated) Occupational Disease Compensation Workmen's Compensation Law, Sections 37 to 48. Occupational Diseases. Full coverage. Occupational disease is treated as the happening of an accident within the meaning of the chapter. Reporting of Injuries Section 110. Requires employers to keep a record of all injuries, fatal or otherwise, and to report all occurrences causing loss of time from regular duties beyond the working day or shift, or requiring medical treatment beyond ordinary first aid, to the Workmen's Compensation Board. “An employer shall furnish a report of any other accident resulting in an injury received by an employee in the course of his employment or an occupational disease incurred... whenever directed by the chairman." Employers may report, with approval of the chairman, upon a single form, monthly, all injuries resulting in no loss of time or in not more than 3 days if evidence indicates further treatment is not required. Vocational Rehabilitation 1 Education Law, Section 1005. Duty of the Workmen's Compensation Board. "The workmen's compensation board shall: 1. Communicate to the department [Education] all reports made to it of cases of injuries by employees which may result in rendering the person . . . in need of rehabilitation. 2. Cooperate with the department in carrying out the provisions of this article." PUBLIC SERVICE COMMISSION Railroad Law contains regulations for safety of employees on railroads. Requirements include automatic couplers on freight cars (Section 80); safety equipment for engines, vestibule cab, coal jimmies and caboose cars (Sections 77 and 78); and enclosure of front and rear platform cars on street surface railroads (Sections 194 and 197). Penalty for violation. Public Service Law, Section 50. Authorizes the Commission to order repairs or changes in equipment or devices used by common carriers, railroad or street railroad corporations to promote the security or convenience of the public and employees or "to overcome or to minimize except by change of motive power nuisances of smoke, soot, or cinders, arising from the operation outside the corporate limits of a city of such common carrier or railroad corporation." Penal Law, Section 1988. Prescribes penalty for violations of the railroad law requiring guard-rails and automatic couplers. EDUCATION DEPARTMENT 2 Vocational Rehabilitation Education Law, Section 1009. Duties with respect to vocational rehabilitation are outlined. The Department is required to register and keep a record of every person and measures taken for his rehabilitation, proffer counsel regarding training and initiate plans for beginning rehabilitation and aid in securing suitable employment. It is authorized to make surveys with the cooperation of the Workmen's Compensation Board and the Department of Health concerning number and condition of handicapped persons, and to cooperate with State and local authorities in the operation of the provisions of the Article. AIR POLLUTION Laws 1952, Chapter 454. Authorizes and empowers the Interstate Sanitation Commission to make a comprehensive study of smoke and air pollution in the areas of New York and New Jersey, and of the problems caused thereby; a study of the sources and extent of such pollution, property damage caused thereby, its effect upon public health and comfort, and relevant meteorological, climatological, and topographical factors; and a study and evaluation of existing laws relating to smoke and air pollution, and drafts of proposed legislation to carry out recommendations. The appropriation of $30,000 for the study and act to be effective when New Jersey makes available a similar appropriation. MISCELLANEOUS Section 222-a. Prevention of Dust Hazard in Public Works. “In the construction of public works by the state or a .. corporation . 1 See also under Education Department. or a com mission appointed pursuant to law wherein a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the board of standards and appeals, a provision shall be inserted in each contract . . . requiring the installation, maintenance and effective operation of such appliances and methods, and a further provision . . . that if this section is not complied with, the contract shall be void. . . the department, board or officer... having jurisdiction over the construction of such work shall provide for the effective use of such approved appliances or methods in connection therewith. . . ." (Enforced by any officer, department or commission in charge of construction of such public works.) Penal Law, Section 1276. Negligently Furnishing Insecure Scaffolding. Makes persons employing labor using unsafe or unsuitable scaffolding, ladders and similar equipment, guilty of a misdemeanor. NORTH CAROLINA SOURCES: General Statutes of North Carolina 1953 Session Laws Rules and Regulations of State Agencies STATE BOARD OF HEALTH Authority and Functions 1 General Statutes of North Carolina, Section 130-3. Duties of Board. "The Board of Health shall take cognizance of the health interests of the people of the State; shall make sanitary investigations and inquiries . . . shall investigate the causes of diseases dangerous to the public health . . . the effect of location, employments, and conditions upon the public health . . . and shall direct the attention of the State to such sanitary matters as in their judgment affect the industries, prosperity, health, and lives of the people of the State. . . . Industrial Hygiene Division 1953 Session Laws, Chapter 1165, Section 15. "Whereas the appropriations heretofore made to the Industrial Commission for carrying out the provisions of the Workmen's Compensation Act as pertaining to occupational disease work or industrial hygiene work has been transferred to the State Board of Health because of Federal grants of funds, and since the responsibility for this work remains in the Industrial Commission, the following requirements of the Board of Health-Industrial Hygiene Division are enacted: "That the Industrial Hygiene Division of the State Board of Health is required to carry out all the provisions of the Workmen's Compensation Act as to occupational disease work under the direction and supervision of the Industrial Commission and that the Board of Health shall file with the Industrial Commission sufficient reports to enable it to carry out the provisions of the occupational disease law. After all occupational disease work has been completed as may be required by the Industrial Commission, the Board of Health may use the services of the Industrial Hygiene Division for any other work as may be found expedient and necessary." 1 Additional references on pages 204–205 (Rules and Regulations). |