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Sections 24260 to 24341. Deal with procedure for hearings, permits, authority for making and enforcing rules and regulations that will reduce the amount of air contaminants released within the district, and unified air pollution control districts.

COLORADO

SOURCES: 1935 Colorado Statutes Annotated, and

1952 Replacement Volume

Rules and Regulations of State Agencies

STATE DEPARTMENT OF PUBLIC HEALTH

Authority and Functions

1935 Colorado Statutes Annotated, Chapter 78, Section 21 (5). Powers and duties of the state department of public health. "The state department of public health shall have and exercise, in addition to all other powers and duties imposed upon it by law, the following powers and duties.

"(3) To investigate and control the causes of epidemic and communicable diseases affecting the public health.

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"(6) To abate nuisances when necessary for the purpose of eliminating sources of epidemic and communicable diseases affecting the public health.

"(15) To establish and enforce sanitary standards for the operation and maintenance of . . . factories, workshops, industrial and labor camps.

"(18) To establish and enforce sanitary standards for the operation of slaughtering, packing, canning and rendering establishments.

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Section 21 (6). Powers and duties of the state board of health. "In addition to all other powers and duties. . . the board shall have and exercise the following specific powers and duties:

"(3) To establish within the division of administration such subdivisions or sections as it may deem necessary for the efficient administration and enforcement of the public health laws or the orders, standards, rules or regulations of the board, and at any time abolish or extend such subdivisions or sections so created.

"(4) To issue from time to time such orders, to adopt such rules and regulations, and to establish such standards as the board may deem necessary or proper to carry out the provisions and purposes of this article and to administer and enforce the public health laws of this state.

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"(6) To establish and appoint, as the state board of health may deem necessary or advisable, special advisory committees to advise and confer with the board concerning the public health aspects of any business, profession or industry within the state of Colorado. . .

Section 21 (7). Powers and duties of the division of administration. "In addition to the other powers and duties herein conferred and imposed upon the division of administration, the division, thru the director . . . shall have and exercise the following powers and duties:

"(1) To administer and enforce the public health laws of the state of Colorado, and the standards, orders, rules and regulations established, issued, or adopted by the state board of health.

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General Provisions Relating to Occupational Health

Statutory Provisions

Food Sanitation

Chapter 69, Sections 21 to 31. Require every premise used or maintained as a bakery, cannery, packing house, slaughter house, creamery, or other food handling, manufacturing or preparing place to be "properly and adequately lighted, drained, plumbed and ventilated" and conducted "with strict regard to the influence of such conditions upon the health of operatives, employees, clerks or other persons therein employed and the purity and the wholesomeness of the food." Each such place is required to be provided with toilet rooms and lavatories. Persons affected with contagious or infectious diseases are forbidden to work in such places.

Rules and Regulations

Approved by State Board of Health.

1. Regulation 1. General. Approved September 18, 1941.

"No person or other employer shall use or permit to be used in the conduct of his business, manufacturing establishment or other place of employment, any process, material or method of working known to have an adverse effect on health, unless arrangements have been made to maintain the occupational environment in such a manner that injury shall not result."

2. Regulation 2. Concentration Limits. Approved September 18, 1941. Requires that exposures to dusts, fumes, mists, vapors, gases, or any materials that may affect health be kept below the concentration limits established in Regulation 3.

3. Regulation 3. Toxic Thresholds. Approved September 18, 1941. Maximum allowable concentrations are listed for specific toxic substances, mineral dusts, radiation, and lower explosive limits for inflammable vapors.

4. Regulations of the Colorado State Department of Public Health, Industrial Hygiene Section, Governing the Use of Hatters' Mercurial Carroting Solutions. Effective December 1, 1941.

Prohibit the use of mercurial carrot in the preparation of hatters' fur, or the use of mercurial carroted hatters' fur in the manufacture of hats.

Reporting of Occupational Diseases

A group of 21 occupational diseases are made reportable to local health officers by regulation of the State Board of Health.

INDUSTRIAL COMMISSION OF COLORADO

Authority and Functions 1

1935 Colorado Statutes Annotated, Chapter 97, Section 11. Powers and duties of commission. “It shall also be the duty of the commission, and it shall have the power, jurisdiction and authority:

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. . . (b) To inquire into and supervise the enforcement, as far as respects relations between employer and employee, of the laws relating to child labor, laundries, stores, factory inspection, employment of females, employment offices and bureaus, mining, both coal and metalliferous, fire escapes and means of egress

1 Additional reference on page 33 (State Board of Agriculture).

from places of employment and all other laws protecting the life, health and safety of employees in employments and places of employment.

"(c) To investigate, ascertain, declare and prescribe safety devices, safeguards, or other means or methods of protection best adapted to render safe the employees of every employment and place of employment, as may be required by law. "(d) To ascertain and fix such reasonable standards and to prescribe, modify and enforce such reasonable orders for the adoption of safety devices, safeguards and other means or methods of protection to be as nearly uniform as possible, as may be necessary to carry out all laws relative to the protection of the life, health, safety and welfare of employees in employments and places of employment. "(e) To ascertain, fix and order such reasonable standards, rules or regulations as provided by law, for the construction, repair and maintenance of places of employment, as shall render them safe. . . .

"(k) To administer and enforce all the provisions of law relating to compensation for accidental injury to and death of employees."

Section 14. Unsafe places-Investigation-Report-Order. "Whenever the commission shall learn . . . that any employment or place of employment is not safe, it shall proceed summarily with or without notice, to make such investigation as may be necessary to determine the matter complained of, insofar as the same may affect the provisions of this article. After investigation, the commission shall call the attention of the commissioner of labor, or other officer authorized to inspect and regulate same, and shall order such changes as may be necessary to render such employment or place of employment safe, and comply with the provisions of this article."

Section 17. Jurisdiction over relation between employer and employees. "The commission is vested with the power and jurisdiction to have such supervision of every employment and place of employment in this State as may be necessary adequately to ascertain and determine the conditions under which the employees labor, and the manner and extent of the obedience by the employer to all laws and all lawful orders requiring such employment and places of employment to be safe, and requiring the protection of the life, health and safety of every employee in such employment or place of employment, and to enforce all provisions of law relating thereto; and is also vested with power and jurisdiction to administer all provisions of this article with respect to the relations between employer and employee and to do all other acts and things convenient and necessary to accomplish the purposes of this article."

Section 22. Investigators to have access to premises-Penalty for obstructing. "The commission, or any member thereof, and, on being authorized in writing by the commission, any other person, may, without any other warrant than this article, at any reasonable time, enter any building, mine, mine workings, factory, workshop, place or premises of any kind, wherein, or in respect of which, any industry is carried on or any work is being or has been done or commenced, or any matter or thing is taking place, which has been made the subject of an investigation, hearing, or arbitration by the commission or the board, and inspect and view any work, material, machinery, appliance or article therein, and interrogate any persons in or upon any such building in of or respect in relation to any matter or thing hereinbefore mentioned.

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Section 28. Inquiries-Scope-Industrial disturbances-Report. "The commission shall inquire into the general condition of labor in the principal industries in the state of Colorado ... into the conditions of sanitation and safety of employees and the provisions for protecting the life, limb, and health of the employees..."

Section 52. Department established. "There is hereby established a separate and distinct department to be known as the department of factory inspection

of the state of Colorado, which department shall be charged with the inspection of all factories, mills, workshops, bakeries, laundries, stores, hotels, boarding or bunkhouses. . . or any kind of an establishment wherein laborers are employed or machinery used, for the purpose of protecting said employees or guests against damages arising from imperfect or dangerous machinery, or hazardous and unhealthy occupation and regulating sanitary conditions..

Section 56. Duty of chief inspector. "It shall be the duty of the chief factory inspector by himself or his duly appointed deputy, to examine as soon as may be after the passage of this article, and thereafter annually, and from time to time, all factories, mills, workshops. . . to which the provisions of this article are applicable, for the purpose of determining whether they do conform to such provisions, and to granting or refusing certificates of approval. . . .” Section 63. Power of factory inspectors to enter any factory. "The chief factory inspector or any employee of the department of factory inspection shall have power to enter any factory, mill, workshop, office . . . or any other public or private works where labor is employed or machinery used."

Section 256 (1). Duty of industrial commission to fix and establish standard of wages for women and minors. "In addition to the powers and duties conferred upon the industrial commission . . . the commission shall have the power and it shall be its duty to fix and establish such standard of wages and conditions of labor for women and minors as shall be fair and reasonable, and consistent with the maintenance of health and morals."

Section 313. Collection of statistics. "The commission, or any of its agents, may enter into any place of employment for the purpose of collecting facts and statistics, examining the provisions made for the health, protection and safety of the employees and bringing to the attention of every employer any rule, order, or requirement of the commission, or any law, or any failure on the part of any employer to comply therewith."

Section 435. Commission to promote safety devices and methods... "The industrial commission of Colorado is hereby empowered to promote and encourage the development in industry of the use of safety devices, safety methods, and the continuous study and improvement thereof, and the said commission is hereby given jurisdiction to enforce the provisions of this subdivision. . . ."

General Provisions Relating to Occupational Health and Safety Statutory Provisions

Safety of Equipment and Places

Chapter 97, Section 13. Employer to furnish safe place to work. "Every employer shall exercise reasonable care and comply fully with all the requirements of law respecting health and safety and to furnish places of employment which shall be safe for employees therein and to furnish and use safety devices and safeguards, and to adopt and use methods and processes reasonably adequate to render such employment and places of employment safe, and to do every other thing reasonably necessary to protect the life, health and safety of such employees.

Section 53. Safety appliances-Notice of defects. "Any person, firm, operating a factory, mill, workshop, bakery, laundry, store or any kind of an establishment wherein laborers are employed, or machinery used shall provide and maintain in use belt shifters or other mechanical contrivance for the purpose of throwing on or off belts or pulleys while running . . . also reasonable safeguards for all vats, pans, trimmers, cutoffs, gang edger and other saws, planers, cogs, gearings, beltings, shaftings, couplings, set screws." Em

ployers are required to post notice on defective machinery, and to warn employees of danger.

Section 54. Ventilation. "Any person, firm . . . operating a factory, mill, workshop... shall be provided in each workroom thereof with good, sufficient ventilation and kept in a clean, 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 process carried on therein; and if factory, mill, workshop . . . or any kind of an establishment wherein laborers are employed or machinery used in any enclosed rooms 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."

Section 55. Protection of elevators, well holes, etc. Provides for the protection of "openings of all hoistways, hatchways, elevators and well holes and stairways in factories, mills, workshops. . . by good and sufficient trap doors, hatches, fences, gates or other safeguards..."

Section 57. Employer notified of defects by employee-Failure to remedy complaint to inspector. Provides that employee shall notify employer of any defect in or failure to guard machinery, appliances, ways, works or plants; if such employer fails to remedy defect, employee may complain in writing to the chief factory inspector, whose duty it shall then be to make the necessary inspection.

Sanitation

Section 61. Water closets-Dressing rooms. Requires all places of employment and public assemblage to provide sufficient number of water closets which shall be properly screened and ventilated and at all times kept in a clean and good sanitary condition. In factories, laundries, mills and workshops and in all other places where the labor performed by the operator is of such character that it becomes desirable or necessary to change the clothing wholly or in part before leaving the building at the close of the day's toil, separate dressing rooms shall be provided for women and girls whenever so required by the factory inspector.

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Building Employees

Sections 117 to 121. Deal with protection of building employees.

Rules and Regulations

Adopted by the Industrial Commission.

Factory Safety Manual. 1942.

The manual contains 73 brief rules governing safe and healthful working conditions for employees. Rules deal with safety of workplaces, equipment and installations, and inspections; qualifications and duties of operators; provision of drinking and washing facilities; provision of adequate lighting, and heating and ventilation; prevention of fire; provision of first-aid facilities; and conduct of safety educational activities. Safety codes of national acceptance are recommended for use.

Employment of Women and Minors

Among pertinent provisions are the following:

1935 Colorado Statutes Annotated, Chapter 97, Section 236. Inadequate wages and unsanitary conditions. "Declaration of pernicious effect. The welfare of the state of Colorado demands that women and minors be protected

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