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CALIFORNIA.

CODES OF 1906-GENERAL LAWS.

ACT No. 1098.—Inspection of factories and workshops.

[This act (chapter 5, Acts of 1889) was declared unconstitutional by the supreme court of the State on account of certain provisions in section 4, and for this reason was omitted from Sims' Edition of the General Laws, and from the Twenty-second Annual Report of the U. S. Commissioner of Labor. The action of the legislature in amending the law, eliminating the invalid provisions, indicates that it is regarded as valid as amended. It is therefore reproduced in full in its amended form.]

SECTION 1. Every factory, workshop, mercantile or other establishment, in which five or more persons are employed, shall be kept in a cleanly state and free from the effluvia arising from any drain, privy, or other nuisance, and shall be provided, within reasonable access, with a sufficient number of water-closets or privies for the use of the persons employed therein. Whenever the persons employed as aforesaid are of different sexes, a sufficient number of separate and distinct water-closets or privies shall be provided for the use of each sex, which shall be plainly so designated, and no person shall be allowed to use any water-closet or privy assigned to persons of the other sex.

SEC. 2. Every factory or workshop in which five or more persons are employed shall be so ventilated while work is carried on therein that the air shall not become so exhausted as to be injurious to the health of the persons employed therein, and shall also be so ventilated as to render harmless, as far as practicable, all the gases, vapors, dust, or other impurities generated in the course of the manufacturing process or handicraft carried on therein, that may be injurious to health.

Sanitation.

Ventilation.

Use of cel

SEC. 3. No basement, cellar, underground apartment, or other place which the commissioner of the bureau of labor statistics lars, etc. shall condemn as unhealthy and unsuitable, shall be used as a workshop, factory, or place of business in which any person or persons shall be employed.

SEC. 4 (as amended by chapter 52, Acts of 1909). In any factory, Fans, blowworkshop, or other establishment where a work or process is ers, etc., to be installed. carried on by which dust, filaments, or injurious gases are produced or generated, that are liable to be inhaled by persons employed therein, the person, firm or corporation, by whose authority the said work or process is carried on, shall cause to be provided and used in said factory, workshop or other establishment, exhaust fans or blowers with pipes and hoods extending therefrom to each machine, contrivance or apparatus by which dust, filaments or injurious gases are produced or generated. The said fans and blowers, and the said pipes and hoods, all to be properly fitted and adjusted, and of power and dimensions sufficient to effectually prevent the dust, filaments, or injurious gases produced or generated by the above said machines, contrivances or apparatuses, from escaping into the atmosphere of the room or rooms of said factory, workshop or other establishment where persons are employed.

Seats for female em

SEC. 5 (as amended by chapter 12, Acts of 1903). Every person, firm, or corporation employing females in any manufacturing, ployees. mechanical, or mercantile establishment shall provide suitable seats for the use of the females so employed, and shall provide such seats to the number of at least one-third the number of 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. 6. Any person or corporation violating any of the provisions Penalty. of this act shall be punished by a fine of not less than fifty nor more than one hundred dollars for each offense.

SEC. 7. It shall be the duty of the commissioner of the bureau of labor statistics to enforce the provisions of this act.

Enforcement.

Personnel of bureau.

Investiga

ACTS OF 1909.

CHAPTER 42.-Bureau of labor.

SECTION 1. Section nine of an act entitled, "An act to establish and support a bureau of labor statistics," is hereby amended to read as follows:

Section 9. The commissioner shall appoint a deputy, who shall have the same powers as said commissioner, an assistant deputy, who shall reside in the city of Los Angeles, a statistician, a stenographer, and such agents or assistants as he may from time to time require, at such a rate of wages as he may prescribe, but said rate must not exceed five dollars per day and actual traveling expenses for each person while employed. He shall procure rooms necessary for offices, at a rent not to exceed the sum of one hundred and fifty dollars per month.

Approved February 20, 1909.

CHAPTER 59.-Board of health-Effect of employments on health.

SECTION 1. Section two thousand nine hundred seventy-nine of the Political Code is hereby amended to read as follows:

2979.

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It [the state board of health] shall cause special investigation of tion directed. the sources of mortality and the effects of localities, employments, conditions and circumstances on the public health,

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Approved February 22, 1909.

CHAPTER 89.-Employment offices.

SECTION 1. Section 8 of an act entitled "An act defining the duties and liabilities of employment agents, making the violation thereof a misdemeanor, and fixing the penalties therefor," approved February 12, 1903, approved March 18, 1905, is hereby amended to read as follows:

Section 8. Any employment agent or other person violating or omitting to comply with, any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding five hundred (500) dollars, or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment in the discretion of the court. All fines imposed and collected under the provisions of this act shall be paid into the state treasury and credited to the contingent fund of the bureau of labor satistics.

Approved March 3, 1909.

CHAPTER 102.-Employment offices.

SECTION 1. Section seven of an act entitled, “An act defining the duties and liabilities of employment agents, making the violation thereof a misdemeanor, and fixing the penalties therefor," is hereby amended to read as follows:

Section 7. Each employment agent in the State of California shall permit the commissioner of the bureau of labor statistics of said State, by himself, or by his deputies or agents, to have at all times access to, and to inspect, the record in section six hereof named, and upon demand in writing therefor by said commissioner, shall furnish to such commissioner a true copy of said record, or of such portion thereof as said demand in writing shall require a copy of to be thus furnished. The commissioner, his deputies and agents shall have all powers and authority of sheriffs to make arrest for violations of the provisions of this act. Approved March 6, 1909,

CHAPTER 104.-Inspection of factories, etc.-Manufacture of food products.

Sanitation

SECTION 1. Every building, room, basement or cellar, occupied, or used as a bakery, confectionery, cannery, packing house, required. slaughterhouse, restaurant, hotel, grocery, meat market, or other place or apartment, used for the production, preparation for sale, manufacture, packing, storage, sale or distribution of any food, shall be properly lighted, drained, plumbed and ventilated, and conducted with strict regard to the influence of such conditions upon the health of the operatives, employees, clerks or other persons therein employed, and the purity and wholesomeness of the food therein produced, kept, handled or sold; and for the purpose of this act the term "food" shall include all articles used for food, drink, confectionery or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof.

Floors, uten

clean.

SEC. 2. The floors, side walls, ceilings, furniture, receptacles, utensils, implements and machinery of every establishment or sils, etc., to be place where food is manufactured, packed, stored, sold or distributed, shall at no time be kept in an unclean, unhealthful or unsanitary condition; and for the purposes of this act, unclean, unhealthful and unsanitary conditions shall be deemed to exist if food in the process of manufacture, preparation, packing, storing, sale or distribution is not securely protected from flies, dust, dirt, unsanitary conditions, and as far as may be necessary, by all reasonable means from all other foreign or injurious contamination; and if the refuse, dirt, and the waste products subject to decomposition and fermentation incident to the manufacture, preparation, packing, storing, selling and distributing of food, are not removed daily; and if all trucks, trays, boxes, baskets, buckets, and other receptacles, chutes, platforms, racks, tables, shelves, and all knives, saws, cleavers, and all other utensils, receptacles, and machinery, used in moving, handling, cutting, chopping, mixing, canning, and all other processes used in the preparation of food, are not thoroughly cleaned daily; and if the clothing of operatives, employees, clerks, and other persons therein employed, is unclean, or if they dress or undress, or leave or store their clothing therein.

and

SEC. 3. The side walls and ceilings of every bakery, confec- Construction tionery, hotel and restaurant kitchen, shall be well plastered, or of walls ceilings. ceiled, with metal or lumber, or shall be oil painted or kept well limewashed, or otherwise kept in a good sanitary condition and all interior woodwork of every bakery, confectionery, hotel and restaurant kitchen, shall be kept well oiled or painted with oil paint, and be kept washed clean with soap and water or otherwise kept in a good sanitary condition; and every building, room, basement or cellar, occupied or used for the preparation, manufacture, packing, storage, sale or distribution of food, shall have an impermeable floor, made of cement or tile laid in cement, brick, wood or other suitable, nonabsorbent material which can be flushed and washed clean with water.

SEC. 4. The doors, windows and other openings of every food producing or distributing establishment, where practicable, shall be fitted with stationary or self-closing screen doors and wire window screens, of not coarser than fourteen-mesh wire gauze.

Floors.

Screens.

Toilet rooms,

SEC. 5. Every building, room, basement or cellar, occupied or used for the preparation, manufacture, packing, canning, sale etc. or distribution of food, shall have convenient toilet or toilet rooms, separate and apart from the room or rooms where the process of production, manufacture, packing, canning, selling or distributing, is conducted. The floors of such toilet rooms shall be of cement, tile laid in cement, wood, brick or other nonabsorbent material, and shall be washed and scoured daily. Such toilets shall be furnished with separate ventilating pipes or flues, discharging into soil pipes, or on the outside of the building in which they are situated. Lavatories and wash rooms shall be

Cuspidors.

Sleeping in workrooms.

adjacent to toilet rooms, and shall be supplied with soap, running
water and towels, and shall be maintained in a clean and sani-
tary condition. Operatives, employees, clerks and all persons who
handle the material from which food is prepared, or the finished
product, before beginning work and immediately after visiting a
toilet or lavatory shall wash their hands and arms thoroughly
in clean water.

SEC. 6. Cuspidors, for the use of operatives, employees, clerks
and other persons, shall be provided, and each cuspidor shall be
emptied and washed out daily with disinfectant solution and not
less than five ounces of such solution shall be left in each cuspidor
while in use. No operative, employee, clerk or other person,
shall expectorate or discharge any substance from his nose or
mouth, on the floor or interior side wall of any building, room,
basement, or cellar where the production, manufacture, packing,
storing, preparation or sale of any food product is conducted.

SEC. 7. No person shall be allowed to, nor shall he, reside or sleep in any room of a bake shop, public dining room, hotel or restaurant kitchen, confectionery, or other place where food is prepared, produced, manufactured, served or sold.

Contagious SEC. 8. No employer shall require, permit or suffer any person infectious to work, nor shall any person work, in a building, room, basement,

or diseases.

Enforcement.

What are nuisances.

Violations.

ог

cellar, place or vehicle, occupied or used for the production, prep-
aration, manufacture, packing, storage, sale, distribution
transportation of food, who is afflicted or affected with any vene-
real disease, smallpox, diphtheria, scarlet fever, yellow fever,
tuberculosis, consumption, bubonic plague, Asiatic cholera, lep-
rosy, trachoma, typhoid fever, epidemic dysentery, measles,
mumps, German measles, whooping-cough, chicken pox, or any
other infectious or contagious disease.

SEC. 9. The members of the state board of health, inspectors
and agents appointed by said board, and all local health officers
and inspectors, shall have full power at all times to enter every
building, room, basement, cellar, or any place occupied or used,
or suspected of being occupied or used, for the production, manu-
facture, preparation, storage, sale or distribution of food, and to
inspect the premises and all utensils, implements, receptacles,
fixtures, furniture and machinery used as aforesaid, and if, upon
inspection, any such building, room, basement, cellar, or any
such place, vehicle, employer, operative, employee, clerk, driver,
or other person, is found to be in violation or violating any of the pro-
visions of this act, or if the production, preparation, manufacture,
packing, storing, sale or distribution of food is being conducted
in a manner detrimental to the health of the employees or oper-
atives or to the character or quality of the food therein being
produced, manufactured, packed, stored, sold, distributed or con-
veyed, the officer or inspector making the examination shall at
once make a written report of the same to the district attorney
of the county who shall prosecute all persons violating any of the
provisions of this act, and also to the state board of health. The
state board of health, from time to time, as in its discretion it may
determine, may publish such reports in its monthly bulletin.

SEC. 10. All buildings, rooms, basements, cellars, and other places and things, kept, maintained or operated, or which are, in violation of the provisions of this act or any of them, and all food produced, prepared, manufactured, packed, stored, kept, sold, distributed or transported, in violation of the provisions of this act or any of them, are hereby declared to be public nuisances, dangerous to health. Such nuisances may be abated or enjoined, in an action brought for that purpose by the local or state board of health, or they may be summarily abated in the manner provided by law for the summary abatement of public nuisances dangerous to health.

SEC. 11. Any person, firm of corporation, whether as principal or agent, employer or employee, who violates any of the provisions of this act shall be guilty of a misdemeanor, and each day that conditions or actions, in violation of this act, shall continue,

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shall be deemed to be a separate and distinct offense, and for each
offense, upon conviction, he shall be punished by a fine of not
less than twenty-five dollars, nor more than five hundred dollars,
or shall be imprisoned in the county jail for a term not exceeding
six months, or by both such fines and imprisonment.
Approved March 6, 1909.

CHAPTER 107.-Protection of employees on buildings.

SECTION 1. Any building more than three stories high in the Flooring to be laid during course of construction shall have the joists, beams or girders of construction. each and every floor below the floor or level where any work is being done or about to be done, covered with flooring laid close together, or with other suitable material, to protect workmen engaged in such building from falling joists or girders, and from falling bricks, rivets, tools and other substances whereby life and limb are endangered.

SEC. 2. It shall be the duty of the contractor having charge of such building to provide the flooring as herein required.

SEC. 3. It shall be the duty of the owner of such building to see that the contractor carries out the provisions of this act.

SEC. 4. Should the owner of such building let a contract for the construction of the class of building as herein provided to more than one contractor it shall then be the duty of the owner to provide the flooring as herein required.

SEC. 5. Failure upon the part of the owner or contractor to comply with the provisions of this act shall be deemed a misdemeanor and shall be punishable as such.

Approved March 6, 1909.

CHAPTER 120.-Employment offices.

SECTION 1. Any business, pursued for profit, for furnishing directly or indirectly, to persons seeking employment, information enabling, or tending to enable such persons to secure such employment, or registering for any fee, charge, or commission, the names of any persons seeking employment as aforesaid, shall be deemed to be an employment agency within the meaning of this act.

SEC. 2. Every person, firm, corporation or association who conducts or operate an employment agency in the State of California, without first procuring a license therefor, as provided in this act, is guilty of a misdemeanor.

SEC. 3. Licenses granting the privilege to conduct or operate employment agencies shall be issued and delivered upon application, by the commissioner of the bureau of labor statistics, which license shall contain the name of the person, firm, corporation or association, seeking to conduct or operate an employment agency, and the exact location of the employment agency.

SEC. 4. The licenses herein provided for shall be issued as follows: To any person, firm, corporation or association, conducting or operating, or seeking to conduct or operate, an employment agency

1. In cities of the first, first and one-half and second classes upon payment of fifty dollars.

2. In cities of the third and fourth classes, upon payment of twenty-five dollars.

duty.

Contractor's

Owner's

Same.

duty.

Violations.

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3. In all other cities and towns, upon payment of six dollars. SEC. 5. Every person, firm, corporation or association applying Applications. for and procuring a license as herein provided, shall give to the commissioner of the bureau of labor statistics, the name and resident address of such person, or the names and resident addresses of the partners of such firms, or the names and resident addresses of the officers and directors of such corporations or associations, and the city or town, street and number, where the em

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