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ACTS OF 1919

CHAPTER 110.-Factory, etc., regulations-Inspector

SECTION 3. Qualifications.—The chief inspector of workshops and factories shall be a competent and practical mechanic of not less than 5 years of practical experience, and shall give his entire time and attention to the duties of his office. He shall enforce the provisions of all laws relating to workshops and factories and prosecute violations thereof, and shall enforce the provisions of all other laws which have heretofore, by statutory provisions, been enforced by the department of workshop and factory inspection of the State of Tennessee, and shall perform such other duties as are required of him by law. Each male deputy inspector of workshops and factories shall be a competent and practical mechanic and each deputy inspector must devote his or her whole time and attention to the duties of the office.

SEC. 4. Districts.-The chief inspector of workshops and factories, under the direction of the chief mine inspector, shall divide the State into districts and make such assignments of deputy inspectors therein as they may see fit, and prescribe such rules and regulations for their government as the service may require. Each deputy inspector of workshops and factories shall visit the shops and factories of the district assigned to him as often as practicable, see that the laws relating to workshops and factories are enforced, performing such other duties pertaining to the department of workshops and factory inspection as the chief inspector may direct.

SEC. 5. Inspection.-Each deputy inspector of workshops and factories assigned to a district for the inspection of workshops and factories therein shall carefully inspect the sanitary conditions, systems of sewerage, situation and condition of water-closets, systems of heating, lighting, and ventilating rooms where persons are employed at labor, and means of exit in case of fire or other disasters within, or connected with, such workshops and factories. They shall examine the belting, shafting, gearing, elevators, drains, and machinery in and about such workshops and factories, and see that they are not so located as to be dangerous to employees when engaged in their ordinary duties, and as far as practicable, securely guarded; that they shall see that each vat, pau, or structure, filled with molten lead or hot liquor is surrounded by proper safeguards for preventing accident or injury to persons employed at or near them. For the purpose of inspection or examination required of them by law, the chief inspector of workshops and factories, and each deputy inspector, at reasonable hours may enter any workshop or factory in the State.

SEC. 6. Records.-The inspector shall make an accurate record of all examinations and inspections of the workshops and factories inspected by each, showing the date inspected, the condition in which such workshops or factories are found, the extent to which laws relating thereto are observed or violated, the progress made in the improvement of the workshops and factories, and the conditions, to insure the preservation of life and health by the provisions of this act and other laws, the enforcement of which are under the direction of the bureau of workshops and factory inspection, the number of accidents or injuries received in and about such workshops and factories, with full details of each, the number of men, women, and children employed in and about such workshops and factories, the number of shops and factories in the district of each inspector, together with all other facts and information of public interest concerning the condition of the workshops and factories of the State. The data thus collected shall be forwarded to the office of the chief factory inspector on the blanks prepared for that purpose on or before the third day of each month or as the chief factory inspector may require, covering the work of the previous month. The chief mine inspector shall make a complete record of such inspections and shall forward to the Comptroller of the Treasury each month a report showing all workshops and factories inspected by the various inspectors during the previous month, the number of persons employed in each, and the inspection fee to be collected by the comptroller for the inspection of each. The chief mine inspector shall make an annual report to the governor as soon as practical after the close of each calendar year, in which shall be included all data collected under the provisions of this section, with such other information as may be deemed of public interest.

SEC. 7. Authority.—In the performance of his duties pertaining to his office, the chief inspector of workshops and factories, and each of the deputy inspec tors, shall have the authority of a notary public to administer oaths and take affidavits in the administration of the duties thereof, and any false swearing shall be deemed perjury and punishable as such.

SEC. 8. Scope.-The term "workshops and factories," as used in this act, shall include the following: Manufacturing, mills, mechanical, electrical, mercantile, art, and laundering establishments; printing, telegraph, and telephone offices, department stores, or any kind of establishment wherein labor is employed or machinery used.

SEC. 9. Ventilation.-Every factory, workshop, association, or other establishment 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 become injurious to the health of the persons employed therein, and shall also be so ventilated as to render harmless, as far as practicable, all gases, vapors, dust, or other impurities generated in the course of the manufacturing process or handicraft carried on therein.

SEC. 10. Fans, etc.-Every factory, workshop, association, or other establishment where a work or process is carried on by which dust, filaments, or injuri ous 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 workshop, factory, association, or establishment, exhaust fans, conveyors, receptacles, 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; or provide other mechanical means to be maintained for the purpose of carrying off or receiving and collecting such dust, filaments, devitalized air, or other impurities as may be detrimental to the health of those in, about, or in connection with such place as herein mentioned: Provided, That if natural ventilation sufficient to exclude the harmful elements above enumerated be provided, the requirement of this section shall have been complied with by such firm, corporation, association, or other establishment as herein mentioned. Said fans, blowers, pipes, and hoods shall be properly fitted and adjusted and of power and dimensions sufficient to effectually prevent the dust, filaments, or injurious gases produced or generated by said machines, contrivances, or apparatus from escaping into the atmosphere of the room or rooms of said factory, workshop, or other establishment where persons are employed. SEC. 11. Air space.-Not less than two hundred and fifty (250) cubic feet of air space shall be provided for each employee or operative at work in a room or place within the meaning of this act between the hours of six o'clock in the morning and the hours of six o'clock in the evening, and not less than four hundred (400) cubic feet of air space for each person so employed between the hours of six o'clock in the evening and six o'clock in the morning.

SEC. 12. Fire protection.-In places of amusement wherein five or more employees are engaged in duties that appertain thereto, the owners, managers, proprietors, or other persons in charge, shall provide that such placés shall be well ventilated and that adequate and sufficient fire protection shall be maintained, and that all exit doors of such amusement places shall be opened outward wherein in addition to the said five employees fifty or more patrons might be congregated.

SEC. 13. Work in tenements, etc.-No person shall hire, employ, or contract with another to manufacture, alter, repair, or finish any article in any room, apartment, or tenement unless said room, apartment, or tenement shall be well lighted and ventilated and shall contain at least five hundred (500) cubic feet of air space for every person working therein: Provided, That where children under the age of sixteen years live in such room, apartment, or tenement, they shall not engage in any work above specified without first obtaining a permit so to do from the bureau of workshop and factory inspection.

SEC. 14. Wages.-The chief or deputies of the bureau of workshop and faetory inspection shall have authority to ascertain the average week by [weekly] wages of all employees other than officers, and that the failure or refusal on the part of any manager, owner, foreman, or other person in charge of any industry under inspection or investigation to furnish such information or answer any question pertaining to any inspection or investigation, shall constitute a violation of this act, and said manager, owner, foreman, or other person found guilty thereof shall be punished as provided for herein.

SEC. 15. Violation.-[Violation entails a fine of not less than $50 nor more than $100, and $5 per day additional for continued violation.]

SEC. 16. Removing guards, etc.--No person shall remove or make ineffective any safeguard around or attached to any machinery, vats, pans, or apparatus, except for the purpose of making repairs thereon, and all safeguards so removed shall be replaced promptly: Provided, When the machine or any part thereof is found to be in dangerous condition a notice shall be attached thereto, and such notice shall not be removed until the machinery is made safe, and the required safeguards are provided, and in the meantime, such unguarded or dangerous machinery shall not be in use.

ACTS OF 1921

CHAPTER 24.—Mine regulations-Washhouses

SECTIONS 1-6. Who to supply; construction, care, etc.-[Owners or others in charge of any coal mine or mines employing 50 or more persons must provide a suitable and convenient building, equipped with lockers or hangers, benches, light, heat, hot and cold water, and shower baths; floors to be of cement or concrete in the bath rooms. Employees furnish their own towels, soap, and locks, and are responsible for property left in the washhouse. Failure to comply with this act involves a fine, not less than $50 nor more than $100 for each offense, each day's violation constituting a separate offense. Injury to property is penalized by fines, $25 to $50. Separate accomodations must be furnished for whites and blacks, in the discretion of the chief mine inspector, who is charged with the enforcement of this act.]

CHAPTER 29.-Garnishment of wages of municipal employees

SECTION 1. May be garnished.-[This act provides for subjecting to garnishment the wages or other sums due employees of any county or municipality of the State, with such exemptions as are allowed employees of private employers.]

CHAPTER 171.-Railroads-Height of wires over tracks

SECTIONS 1-5. Powers of commission.-[This act requires compliance with the regulations of the railroad and public utilities commission for preventing accidents from the wires over railroad tracks. Present installations must be made to conform to such regulations. Penalties for violation are fine or imprisonment, or both.]

ACTS OF 1923

CHAPTER 7.-Administrative officials

Department of labor

SECTION 55. Powers.-The department of labor shall have power:

1. To exercise all the rights, powers, and duties vested by law in the chief mine inspector, the mining statistician, the district mine inspectors, and their assistants and employees;

2. To exercise all the rights, powers, and duties vested by law in the workshop and factory inspector, his deputies, assistants, and employees;

3. To supervise the administration of the workmen's compensation law;

4. To inspect hotels now under the supervision of the food and drug inspector;

5. To collect information on the subject of labor, its relation to capital, the hours of labor, and the earnings of laboring men and women, and the means of promoting their material, social, intellectual, and moral prosperity;

6. To visit and inspect during reasonable hours all shops, factories, and mercantile establishments and other places where workmen are employed as often as necessary, and to cause the provisions of law to be enforced therein; 7. To inspect the sanitary conditions, system of sewerage, system of heating, lighting, and ventilating of rooms where persons are employed at labor, and the means of exit in case of fire or other disaster within or connected with shops and factories;

8. To examine the machinery in and about workshops and factories to see that it is not located so as to be dangerous to employees when engaged in their ordinary duties;

9. To declare and prescribe what safety devices, safeguards, or other means of protection are well adapted to render employees or places of employment safe;

10. To order such reasonable changes in the construction, maintenance, and repair of places of employment as shall render them safe;

11. To require the performance of any act necessary for the protection of life, health, and safety of employees;

12. To collect and compile reliable data, which, if disseminated, would tend to the development of the State by inducing population and capital to come within its borders.

SEC. 56. Divisions.-The department of labor shall be organized under four divisions, as follows:

1. The division of mines, the head of which shall be the chief mine inspector; 2. The division of factory inspection, the head of which shall be the chie factory inspector;

3. The division of fire prevention, the head of which shall be the State fire marshal;

4. The division of workmen's compensation, the head of which shall be the superintendent of workmen's compensation.

The commissioner of labor shall act as the head of the division of fire prevention, or the division of factory inspection, or the division of mines: Provided, That no additional compensation shall be paid the commissioner for acting as head of one of the divisions. In case said commissioner of labor shall act as head of the division of mines, he shall be a person thoroughly conversant with the theory and practice of coal mining, but who is not identified with either coal operators or coal miners.

TEXAS

CONSTITUTION

ARTICLE 3.—Labor organizations—Provisions of constitution

SECTION 56. Local laws forbidden.-The legislature shall not, except as otherwise provided in this constitution, pass any local or special law, regulating labor, trade, mining, and manufacturing;

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ARTICLE 16.-Exemption of wages from garnishment

SECTION 28. Current wages exempt.-No current wages for personal service shall ever be subject to garnishment.

REVISED CIVIL STATUTES-1911

Arbitration of labor disputes-Boards of arbitration

ARTICLE 71. Arbitration lawful.-Whenever any grievance or dispute of any nature, growing out of the relation of employer and employees, shall arise or exist between employer and employees, it shall be lawful, upon mutual consent of all parties, to submit all matters respecting such grievance or dispute in writing to a board of arbitrators to hear, adjudicate, and determine the same. Said board shall consist of five persons. When the employees concerned in such grievance or dispute, as the aforesaid, are members in good standing of any labor organization which is represented by one or more delegates in a central body, the said central body shall have power to designate two of said arbitrators, and the employer shall have the power to designate two others of said arbitrators; and the said four arbitrators shall designate a fifth person as arbitrator, who shall be chairman of the board. In case the employees concerned in any such grievance or dispute, as aforesaid, are members in good standing of a labor organization which is not represented in a central body, then the organization of which they are members shall designate two members of said board, and said board shall be organized as hereinbefore provided; and in case the employees concerned in any such grievance or dispute, as aforesaid, are not members of any labor organization, then a majority of said employees, at a meeting duly held for that purpose, shall designate two arbitrators for said board; and said board shall be organized as hereinbefore provided: Provided, That when the two arbitrators shall have been selected by each of the respective parties to the controversy, the district judge of the district having jurisdiction of the subject matter shall, upon notice from either of said arbitrators that they have failed to agree upon the fifth arbitrator, appoint said fifth arbitrator.

ART. 72. Procuring license.--Any board, as aforesaid selected, may present a petition in writing to the district judge of the county where such grievance or dispute to be arbitrated may arise, signed by a majority of said board, setting forth in brief terms the facts showing their due and regular appointment, and the nature of the grievance or dispute between the parties to said arbitration, and praying the license or order of such judge establishing and approving of said board of arbitration. Upon the presentation of said petition, it shall be the duty of said judge, if it appear that all requirements of this law have been complied with, to make an order establishing such board of arbitration and referring the matters in dispute to it for hearing, adjudication, and determination. The said petition and order, or a copy thereof, shall be filed in the office of the district clerk of the county in which the arbitration is sought.

ART. 73. Different labor organizations.-When a controversy involves and affects the interests of two or more classes or grades of employees belonging to different labor organizations, or of individuals who are not members of a labor organization, then the two arbitrators selected by the employees shall be agreed upon and selected by the concurrent action of all such labor organi

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