CHAPTER 266.-Labor organizations—Unlawful use of insignia

SECTION 69. Use forbidden.-Whoever, not being a member of a society, association or labor union, for the purpose of representing that he is a member thereof, willfully wears or uses the insignia, ribbon, badge, rosette, button or emblem thereof, if it has been registered in the office of the State secretary, shall be punished by a fine of not more than twenty dollars, or by imprisonment for not more than one month, or both.

CHAPTER 271.-Bribery of employees

SECTION 39. Illegal gifts, etc.-Whoever corruptly gives, offers or promises to an agent, employee or servant any gift or gratuity whatever, with intent to influence his action in relation to the business of his principal, employer or master; or an agent, employee or servant who corruptly requests or accepts a gift or gratuity or a promise to make a gift or to do an act beneficial to himself, under an agreement or with an understanding that he shall act in any particular manner in relation to the business of his principal, employer or master; or agent, employee or servant who, being authorized to procure materials, supplies or other articles either by purchase or contract for his principal, employer or master, or to employ service or labor for his principal, employer or master, receives directly or indirectly, for himself or for another, a commission, discount or bonus from the person who makes such sale or contract, or furnishes such materials, supplies or other articles, or from a person who renders such service or labor; and any person who gives or offers such an agent, employee or servant such commission, discount or bonus, shall be punished by a fine of not less than ten nor more than five hundred dollars or by such fine and by imprisonment for not more than one year; except that if the person who commits the said offense acts as agent or officer of any person, to employ persons as clerks, laborers or otherwise, the offence shall be punished by a fine of not less than twenty-five nor more than five hundred dollars or by imprisonment in the State prison for not more than three years. The district attorneys in their respective districts shall prosecute all violations of this section. No person shall be excused from attending, testifying or producing books, papers, contracts, agreements and documents before any court or in obedience to the subpoena of any court having jurisdiction of the offence described herein on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture. But no person shall be liable to any suit or prosecution, civil or criminal, for or on account of any transaction, matter or thing concerning which he may testify or produce evidence, documentary or otherwise, before said court or in obedience to its subpoena or in any such case or proceeding.

CHAPTER 271.-Discharge, etc., of employees of public service corporations

SECTION 40. Use of influence forbidden.-[The appointment, promotion, suspension or discharge of employees by public service corporations at the request of State or municipal officers or employees is forbidden; and such persons are forbidden to interfere, directly or indirectly, with such employees.]

MICHIGAN

CONSTITUTION

ARTICLE V.-Employment of labor

SECTION 29 (as amended 1920). Power of legislature.-The legislature shall have power to enact laws relative to the hours and conditions under which men, women and children may be employed.

COMPILED LAWS-1915

Occupational diseases-Reports

SECTION 5166. What diseases to be reported.-Every physician attending or called upon to treat a patient whom he believes to be suffering from poisoning from lead, phosphorus, arsenic or mercury, or their compounds, or from anthrax, or from compressed-air illness, contracted as a result of the nature of the patient's employment, shall send to the State board of health, who shall transmit to the commissioner of labor a notice stating the name, post-office address and place of employment of the patient, the length of time of such employment, and the disease from which in the opinion of the physician, the patient is suffering.

SEC. 5168. Violations.-It shall be the duty of the commissioner of labor and of the prosecuting attorney of the county where anyone violating the provisions of this act may reside, to prosecute all violations of the provisions of this act which shall come to the knowledge of them or either of them.

Department of labor

[This office was superseded by the department of labor and industry, created by No. 43, Acts of 1921 (see p. 558). Provisions of law affecting the new department are as follows:]

SECTION 5323 (as amended 1923, No. 206). Duties.-It shall be the duty of the commission to collect in the manner herein provided, assort, systematize and present to the governor, on or before the first day of January of each year in which a regular session of the legislature is held, statistical details relating to all departments of labor in this State, including the penal institutions thereof, particularly concerning the hours of labor, the number of employees and sex thereof, and the daily wages earned, the condition of all manufacturing establishments, hotels, stores, workshops and premises, where labor is employed, except farms and households, with such other matter relating to the industrial, social, educational, moral and sanitary conditions of the laboring classes and the productive industries of the State, including the name of firms, companies or corporation, where located, the kind of goods produced or manufactured, the time operated each year, the number of employees, male or female, the number engaged in clerical work and the number engaged in manual labor, with a classification of the number of each sex engaged in each occupation and the average daily wages paid each: Provided, That the commission or any one connected with its office, shall not publish, make public, nor give to any individual or to the public the individual statistics obtained from any manufacturing establishment, but all such statistics may be published in connection with other similar statistics and given to the public in aggregate and averages: Provided further, That nothing in this section shall be construed to prohibit other State departments from taking transcripts of such individual statistics for statistical and classification purposes only.

SEC. 5324. Witnesses.-Such department or any member thereof shall have full power to examine witnesses on oath, compel the attendance of witnesses, the giving of testimony and the production of papers while acting in any part of this State, and witnesses may be summoned by such department or any member thereof, by its process in the same manner, and paid the same fees as are allowed to witnesses attending in the circuit court of any county. Any person duly subpoenaed under the provisions of this section, who shall willfully

neglect to attend or testify at the place named in the subpoena served for such purpose, shall be guilty of a misdemeanor, and on conviction before any court of competent jurisdiction may be punished by a fine not exceeding fifty dollars or imprisonment in the county jail not exceeding thirty days, or both such fine and imprisonment in the discretion of the court: Provided, That no witness shall be compelled to go outside of the county in which he or she resides to testify.

SEC. 5326, Officials to furnish information.—Said department may collect the information called for in section two of this act [sec. 5323], or such information as shall by the commissioner be considered essential to perfect the work of the department, from the several State, county, city, village, and township officers, and from the officers of prisons, penal and reformatory institutions, or by means of special canvassers under the direction of the commissioner, and it shall be the duty of all such officers to furnish upon the written or printed request of the commissioner such information as shall be considered necessary for the department upon blanks furnished by said department.

SEC. 5327. Township, etc., officers.-It shall be the duty of the several supervisors of the townships, and the supervisor and assessor of the wards of cities in this State, at the time of assessing the property thereof, to obtain the facts and information determined upon by said department, as provided in section five of this act [sec. 5326], in accordance with the terms, conditions, and requirements of said blanks, and to return said blanks properly filled and duly certified to by such officer without delay to the commissioner of labor at Lansing.

SEC. 5328. Access to factories, etc.-The commissioner, his deputy, and deputy factory inspectors are authorized to enter any factory, workshops, hotel, store, or other place where labor is employed when open or in operation, for the purpose of gathering facts and statistics relating to hours of labor, wages, industrial, economic, and sanitary conditions or matters; and if any employer or his or her agent or agents shall refuse to allow the officers of said department to so enter; or shall refuse to give such information when requested by said commissioner or deputy factory inspector, then such employer or his or her agent or agents shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction shall be punished by a fine not to exceed one hundred dollars or by imprisonment for not more than ninety days or both such fine and imprisonment in the discretion of the court.

SEC. 5329. False statements, etc.-Any person who shall willfully and intentionally testify falsely before said commissioner or any authorized deputy shall be deemed guilty of a felony, and on conviction thereof shall be punished by imprisonment in the State prison for a period not exceeding five years, and any person who shall refuse to testify before said commissioner or before any deputy thereof shall on conviction thereof be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding one hundred dollars or imprisonment not exceeding sixty days or both in the discretion of the court: Provided, That no person or corporation shall be required to answer any question that shall be an improper subject of inquiry or foreign to the object of this act.

Employment of women and children

SECTION 5330 (as amended 1923, No. 206). Nine-hour day.-No male under the age of eighteen years, and no female shall be employed, permitted or suffered to work in any factory, mill, warehouse, workshop, quarry, clothing, dressmaking or millinery establishment or any place where the manufacture of any kinds of goods is carried on, or where any goods are prepared for manufacturing, or in any laundry, store, shop, or any other mercantile establishment, or in any office or restaurant, theater, concert hall, music hall, hotel, or operating an elevator, or on street or electric railways, for a period longer than an average of nine hours a day or fifty-four hours in any week nor more than ten hours in any one day; and all such establishments shall keep posted a copy of this section printed in large type, in a conspicuous place. In establishments having a time clock such copy shall be posted near the time clock. Copies of this section suitable for posting shall be furnished upon the application of any employer by the commission: Provided, however, That the provision of this section in relation to the hours of employment shall not apply to nor affect any person engaged in preserving perishable goods in fruit and vegetable canning establishments. No female under the age of eighteen years shall be employed

in any manufacturing establishment between the hours of six o'clock p. m. and six o'clock a. m. No child under the age of sixteen years shall be employed in any manufacturing establishment or workshop, quarry, mine or messenger service in this State between the hours of six o'clock p. m. and six o'clock a. m. No child under the age of eighteen years shall be employed between the hours of ten o'clock p. m. and five o'clock a. m. in the transmission, distribution or delivery of messages or merchandise.

SEC. 5331 (as amended 1923, No. 206). Age limit; permits.-[Employment under 15 is forbidden during school hours in mercantile institutions, factories, workshops, offices, hotels, laundries, mines, quarries, theaters, bowling alleys, pool rooms, operating elevators, or in telegraph or messenger service; if 14, may work on Saturday or other days outside of school hours except în mines, theaters, bowling alleys, pool rooms or operating elevators. Registers must be kept to 18, and permits obtained to 17; or if there is no continuation school in the district to 16. Requirements for permits are schooling to complete the sixth grade, evidence of age, and medical certificate. Limited vacation permits are also provided for.]

SEC. 5332 (as amended 1923, No. 206). Dangerous occupations.~[All females and males under 18 are forbidden to clean moving machinery, or engage in any hazardous employment, or where health would be injured or morals depraved. Females may not be unnecessarily required to stand constantly. No child under 12 may be employed in any theater or playhouse, music, or dance hall, or pool or billiard room. Employment to 18 is limited to 54 hours per week not over 10 hours in any one day.]

Factory, etc., regulations

SECTION 5333. Hoistways, etc., to be guarded.-It shall be the duty of the owner, agent, or lessee of any manufacturing. establishment where hoisting shafts or wellholes are used, to cause the same to be properly inclosed and secured. It shall be the duty of the owner, agent, or lessee to provide or cause to be provided at all elevator openings in any manufacturing establishment, workshop, hotel, or store, proper trap or automatic doors or automatic gates so constructed as to open and close by the action of elevators either ascending or descending. The deputy factory inspector shall inspect the cables, gearing, or other apparatus of elevators in manufacturing establishments, workshops, hotels, and stores at least once in each year, and more frequently if necessary, and require that the same be kept in a safe condition, and shall have power to condemn any elevator if in his opinion the same be unsafe, and stop the operation of such elevator until the same be put in safe condition. The employee does not assume the risks where the employer violates this statute. 106 N. W. 211. But the employer does not lose the defense of contributory negligence. 113 N. W. 1120. SEC. 5334. Fire escapes.—* Factory inspectors shall have power to order fire escapes on all manufacturing establishments, and office buildings two or more stories in height, * If in the opinion of the factory inspector it be necessary to insure the safety of persons in such places; said fire escape or means of egress, or as many thereof as may be deemed sufficient by the inspector, shall be provided, and where it is necessary to provide fire escapes on the outside of such building they shall consist of landings and balconies at each floor above the first, to be built according to specifications provided by the factory inspector. Factory inspectors shall in writing notify the owner, agent, or lessee of such manufacturing establishments, * * and office buildings of the required location and specifications of such escapes as may be ordered and as to all failures to comply with the provisions of this act. Any person, firm, or corporation, who shall violate or cause to be violated any of the provisions of this section, or shall fail or refuse to erect or cause to be erected any fire escape ordered by any factory inspector, under authority of this section, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred dollars nor more than one thousand dollars, or imprisoned for not less than three months nor more than one year, or by both such fine and imprisonment in the discretion of the court.

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SEC. 5335. Stairways.-Stairways with substantial handrails shall be provided in manufacturing establishments, and where in the opinion of the factory inspector it be necessary, the steps of such stairs in all such establishments

shall be substantially covered with rubber securely fastened thereon, for the better safety of persons employed in said establishments. The stairs shall be properly screened at sides and bottom where females are employed, and the outside doors of such establishments shall swing outwardly, and no doors shall be locked, bolted,or fastened during working hours.

SEC. 5336 (as amended 1923, No. 206). Safety guards.-It shall be the duty of the owner of any factory, storehouse or warehouse, or his agent, superintendent or other person in charge of the same, to furnish or supply, or cause to be furnished or supplied, and equip all machinery in use with proper shifters or other mechanical contrivances for the purpose of throwing belts on or off pulleys. It shall be unlawful for any person, firm, copartnership or corporation, to operate or cause to be operated, any of the machinery or equipment mentioned in this section, without it being first properly equipped with proper safety devices and guards. All gearing and belting shall be provided with proper safeguards, and when necessary, machinery shall be provided with loose pulleys. All vats, saws, pans, planers, cogs, set screws, gearing, and machinery of every description shall be properly guarded. The commission after hearing duly had shall have power to condemn such machinery and equipment if the same is unsafe, and stop the operation of such machinery and equipment until same be put in safe condition. It shall be unlawful for any person, firm or corporation, or agent thereof, to install or place in operation any of the machinery or equipment mentioned in this section unless the same be equipped with proper safeguards, or unless the same be approved by the commission or factory inspector. When requested in writing by any owner of such machinery or equipment, or agent of such owner, the commission shall within six days cause such machinery to be inspected. The commission, or factory inspector, as the case may be, shall determine whether such machinery or equipment is properly guarded. The findings of the commission or inspector shall be in writing and a copy shall be furnished said owner, or his agent, and a copy shall be filed in the office of the commission at Lansing. A fee of not to exceed five dollars may be charged for each such inspection. Such fees shall be turned into the State treasury and placed in the general fund.

SEC. 5337. Emery wheels.-Exhaust fans shall be provided for the purpose of carrying off dust from emery wheels and grindstones and dust-creating machinery, wherever deemed necessary by the factory inspector.

SEC. 5338. Toilets, etc.-[Suitable toilet and dressing rooms must be provided by the employer. Separate rooms shall be kept for the different sexes. Where railway cars are used for sleeping or living purposes (other than transportation of passengers) the same shall be kept sufficiently heated and lighted. Violations shall be prosecuted by the factory inspector or other proper authority.]

SEC. 5339. Inspectors.-The commissioner of labor shall be the chief factory inspector and the deputy commissioner of labor and deputy factory inspectors shall be factory inspectors in the meaning of this act. At least two of such deputy factory inspectors shall be women. Said factory inspectors are hereby empowered to visit and inspect at all reasonable hours, as often as practicable or required, the factories, workshops and other manufacturing establishments in this State where the manufacture of goods is carried on, and all hotels where any person or persons are employed, also all stores in this State. Deputy factory inspectors shall report to the commissioner of labor at such time and manner as he may require. 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.

The admission of an inspector to a factory is subject to reasonable regulations of the proprietor. Refusing admission by a certain door and directing the use of another affording convenient access is not a violation of the law. 76 N. W. 89.

SEC. 5340. Reports.-Deputy factory inspectors shall return to the commissioner of labor, as he may require, detailed reports of the results of all inspections, together with statistics gathered, and said commissioner shall keep on file in this office at Lansing a record of all reports so returned. A copy of the report on such inspection and of any order in reference thereto shall be served by the factory inspector on the superintendent, owner or manager of each building, establishment or workshop inspected. Service of such order shall be accepted and a duplicate thereof signed by such superintendent,