Collection premiums.

of

Withdrawal of from

employers fund.

Pay rolls.

Falsification of pay rolls.

Misrepresenta

tions.

Inspections.

Information confidential.

Penalties go to expense funds.

Accidents to be reported.

employer and place the same to the credit of the State insurance fund in the custody of the State treasurer.

SEC. 99. If an employer shall default in any payment required to be made by him to the State insurance fund, the amount due from him shall be collected by civil action against him in the name of the people of the State of New York, and it shall be the duty of the commission on the first Monday of each month after July first, nineteen hundred and fourteen, to certify to the attorneygeneral of the State the names and residences, or places of business, of all employers known to the commission to be in default for such payment or payments for a longer period than five days and the amount due from such employer, and it shall then be the duty of the attorneygeneral forthwith to bring or cause to be brought against each such employer a civil action in the proper court for the collection of such amount so due, and the same when collected, shall be paid into the State insurance fund, and such employer's compliance with the provisions of this chapter requiring payments to be made to the State insurance fund shall date from the time of the payment of said money so collected as aforesaid to the State treasurer for credit to the State insurance fund.

SEC. 100. Any employer may, upon complying with subdivision two or three of section fifty of this chapter, withdraw from the fund by turning in his insurance contract for cancellation, provided he is not in arrears for premiums due the fund and has given to the commission written notice of his intention to withdraw within thirty days before the expiration of the period for which he has elected to insure in the fund; provided that in case any employer so withdraws, his liability to assessments shall, notwithstanding such withdrawal, continue for one year after the date of such withdrawal as against all liabilities for such compensation accruing prior to such withdrawal.

SEC. 101. Every employer who is insured in the State insurance fund shall keep a true and accurate record of the number of his employees and the wages paid by him, and shall furnish to the commission, upon demand, a sworn statement of the same. Such record shall be open to inspection at any time and as often as the commission shall require to verify the number of employees and the amount of the pay roll.

SEC. 102. An employer who shall willfully misrepresent the amount

of the pay roll upon which the premiums chargeable by the State insur

ance fund is to be based shall be liable to the State in ten times the amount of the difference between the premiums paid and the amount the employer should have paid had his pay roll been correctly computed; and the liability to the State under this section shall be enforced in a civil action in the name of the State insurance fund, and any amount so collected shall become a part of such fund.

SEC. 103. Any person who willfully misrepresents any fact in order to obtain insurance in the State insurance fund at less than the proper rate for such insurance, or in order to obtain payment out of such fund, shall be guilty of a misdemeanor.

SEC. 104. The commission shall have the right to inspect the plants and establishments of employers insured in the State insurance fund; and the inspectors designated by the commission shall have free access to such premises during regular working hours.

SEC. 105. Information acquired by the commission or its officers or employees from employers or employees pursuant to this chapter shall not be opened to public inspection, and any officer or employee of the commission who, without authority of the commission or pursuant to its rules or as otherwise required by law shall disclose the same shall be guilty of a misdemeanor.

Article 6.

SECTION 110. All penalties imposed by this chapter shall be applicable to the expenses of the commission. When collected by the commission such penalties shall be paid into the State treasury and be thereafter appropriated by the legislature for the purposes prescribed by this section.

SEC. 111. Every employer shall keep a record of all injuries, fatal or otherwise, received by his employees in the course of their employment. Within ten days after the occurrence of an accident resulting in personal injury a report thereof shall be made in writing by the

employer to the commission upon blanks to be procured from the commission for that purpose. Such report shall state the name and nature of the business of the employer, the location of his establishment or place of work, the name, address and occupation of the injured employee, the time, nature and cause of the injury and such other information as may be required by the commission. An employer who refuses or neglects to make a report as required by this section shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars.

SEC. 112. Every employer shall furnish the commission, upon request, any information required by it to carry out the provisions of this chapter. The commission, a commissioner, deputy commissioner, or any person deputized by the commission for that purpose, may examine under oath any employer, officer, agent or employee. An employer or an employee receiving from the commission a blank with directions to file the same shall cause the same to be properly filled out so as to answer fully and correctly all questions therein, or if unable to do so, shall give good and sufficient reasons for such failure. Answers to such questions shall be verified under oath and returned to the commission within the period fixed by the commission therefor.

Employers to furnish information.

ords.

SEC. 113. All books, records and pay rolls of the employers showing Inspection or reflecting in any way upon the amount of wage expenditures of such employers' employers shall always be open for inspection by the commission or any of its authorized auditors, accountants or inspectors for the purpose of ascertaining the correctness of the wage expenditure and number of men employed and such other information as may be necessary for the uses and purposes of the commission in the administration of this chapter.

SEC. 114. The provisions of this chapter shall apply to employers and employees engaged in intrastate, and also in interstate or foreign commerce, for whom a rule of liability or method of compensation has been or may be established by the Congress of the United States, only to the extent that their mutual connection with intrastate work may and shall be clearly separable and distinguishable from interstate or foreigh commerce, except that such employer and his employees working only in this State may, subject to the approval and in the manner provided by the commission and so far as not forbidden by any act of congress, accept and become bound by the provisions of this chapter in like manner and with the same effect in all respects as provided herein for other employers and their employees.

of

rec

Interstate com

merce.

False state

SEC. 115. If for the purpose of obtaining any benefit or payment under the provisions of this chapter, either for himself or any other ments. person, any person willfully makes a false statement or representation, he shall be guilty of a misdemeanor.

Limitations as

SEC. 116. No limitation of time provided in this chapter shall run as against any person who is mentally incompetent or a minor dependent to incompetents. so long as he has no committee, guardian or next friend.

SEC. 117. The commissioner of labor shall render to the commission Commissioner any proper aid and assistance by the department of labor as in his of labor. judgment does not interfere with the proper conduct of such

department.

SEC. 118. If any section or provision of this chapter be decided by Invalidity the courts to be unconstitutional or invalid, the same shall not affect the part of law. validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

of

SEC. 119. This act shall not affect any action pending or cause of Pending causes. action existing or which accrued prior to July first, nineteen hundred and fourteen.

Article 7.

SECTION 131. This chapter shall take effect January first, nineteen hundred and fourteen, provided that the application of this chapter as between employers and employees and the payment of compensation for injuries to employees or their dependents, in case of death, shall take effect July first, nineteen hundred and fourteen, but payments into the State insurance fund may be made prior to July first, nineteen hundred and fourteen.

Approved December 16, 1913.

Act takes effect,

when.

Compulsory insurance system.

OHIO.

CONSTITUTION.

ARTICLE II.-Legislative-Compensation of workmen for injuries. SECTION 35. For the purpose of providing compensation to workmen and their dependents, for death, injuries or occupational disease, occasioned in the course of such workmen's employment, laws may be passed establishing a State fund to be created by compulsory contribution thereto by employers, and administered by the State, determining the terms and conditions upon which payment shall be made therefrom, and taking away any or all rights of action or defenses Right of action. from employees and employers; but no right of action shall be taken away from any employee when the injury, disease or death arise from failure of the employer to comply with any lawful requirement for the Board of classi- protection of the lives, health and safety of employees. Laws may be fication, etc. passed establishing a board which may be empowered to classify all occupations, according to their degree of hazard, to fix rates of contribution to such fund according to such classification, and to collect, administer and distribute such fund, and to determine all rights of claimants thereto.

Appointment.

Removal.

Inconsistent employments.

Salary.

Bends.

Offices.

Seal.

Adopted, 1912.

Industrial commission-Administration of workmen's insurance law.

(Added by act, page 95, Acts of 1913.)

SECTION 871-1. There is hereby created the Industrial Commission of Ohio, to be composed of three members to be appointed by the governor within thirty days after this act goes into effect, one of the members of such commission shall be appointed for the term of two years, one member for four years, and one member for six years, and thereafter each member shall be appointed for the term of six years. Not more than one of the appointees to such commission shall be a person who, on account of his previous vocation, employment or affiliations, can be classed as a representative of employers, and not more than one of such appointees shall be a person who, on account of his previous vocation, employment or affiliations, can be classed as a representative of employees; not more than two of the members of the said commission shall belong to the same political party.

SEC. 871-2. The governor at any time shall remove any member of the Industrial Commission of Ohio for inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in office.

SEC. 871-3. No commissioner shall hold any position of trust or profit, or engage in any occupation or business, interfering or inconsistent with his duties as such commissioner, and no commissioner shall serve on any committee of any political party.

SEC. 871-4. Each of said commissioners shall receive an annual salary of $5,000, payable in the same manner as the salaries of other State officers are paid. Before entering upon the duties of his office, each commissioner shall take and subscribe the constitutional oath of office and shall swear or affirm that he holds no position under any committee of a political party, which oath or affirmation shall be filed in the office of the governor. Each member of the commission shall give a bond in the sum of $10,000, which bond shall be approved by the governor and filed with the treasurer of State. All employees or deputies of the commission receiving or disbursing funds of the State shall give bond to the State in amounts and with surety to be approved by the commission.

* *

*

SEC. 871-6. The commission shall keep and maintain its office in the city of Columbus, Ohio, The commission may hold sessions in any place within the State of Ohio.

SEC. 871-8. The commission shall have an official seal for the authentication of its orders and proceedings, upon which seal shall be engraved the words, "The Industrial Commission of Ohio," and such other design as the commission may prescribe; and the courts in this State shall take judicial notice of the seal of the said commission, and in all cases copies of orders, proceedings or records in the office of the Industrial Commission of Ohio, certified by the secretary of the said commission under its seal, shall be equal to the original as evidence.

SEC. 871-9. The commission shall be in continuous session and Sessions. open for the transaction of business during all business hours of each and every day, excepting Sundays and legal holidays. The sessions shall be open to the public and the sessions of the commission shall stand and be adjourned without further notice thereof on its record. Records. All of the proceedings of the commission shall be shown on its records, which shall be a public record, and all voting shall be had by calling each member's name by the secretary, and each member's vote shall be recorded on the proceedings as cast.

* *

*

SEC. 871-12 (as amended by act, page 656, Acts of 1913). The industrial commission shall supersede and perform all of the duties of the State liability board of awards, and said commission on and after the first day of September, 1913, as successor of the said liability board of awards, shall be vested with and assume and exercise all powers and duties cast by law upon said liability board of awards, and on the first day of September, 1913, the term of office of the members constituting the said State Liability Board of Awards of Ohio shall cease and terminate, together with all rights, privileges and emoluments connected therewith.

Workmen's insurance-State liability board.

(Page 524, Acts of 1911; amended, pages 72 and 396, Acts of 1913.)

Additional du

ties.

SECTION 1465-37. There is hereby created a State liability board of Board created. awards. [This body has been superseded by the Industrial Commis

sion of Ohio. See section 871-1 et seq., above.]

SEC. 1465-41. A majority of the board shall constitute a quorum for Quorum. the transaction of business, and a vacancy shall not impair the right of the remaining members to exercise all the powers of the full board so long as a majority remains. Any investigations, inquiry or hearing which the board is authorized to hold, or undertake, may be held or undertaken by or before any one member of the board. All investigations, inquiries, hearings and decisions of the board, and every order made by a member thereof, when approved and confirmed by a majority of the members, and so shown on its record of proceedings, shall be deemed to be the order of the board.

The board may hold sessions at any place within the State. SEC. 1465-43. The board may employ a secretary, actuaries, accountants, inspectors, examiners, experts, clerks, physicians, stenographers and other assistants, and fix their compensation. Such employment and compensation shall be first approved by the governor and shall be paid out of the State treasury. The members of the board, secretary, actuaries, accountants, inspectors, examiners, experts, clerks, physicians, stenographers, and other assistants that may be employed shall be entitled to receive from the State treasury their actual and necessary expenses while traveling on the business of the board, and the members of the board may confer and meet with officers of other States and officers of the United States on any matters pertaining to their official duties. Such expenses shall be itemized and sworn to by the person who incurred the expense and allowed by the board.

SEC. 1465-44. The board shall adopt reasonable and proper rules to govern its procedure, regulate and provide for the kind and character of notices, and the services thereof, in cases of accident and injury to employees, the nature and extent of the proofs and evidence, and the method of taking and furnishing the same, to establish the right to benefits of compensation from the State insurance fund, hereinafter provided for, the forms of application of those claiming to be entitled to benefits or compensation therefrom, the method of making investigations, physical examinations and inspections, and prescribe the time within which adjudications and awards shall be made.

Employees.

Expenses.

Rules.

Duty of

SEC. 1465-45. Every employer shall furnish the board, upon request, all information required by it to carry out the purposes of this act. In ployers. the month of January of each year, every employer of the State, employing five or more employees regularly in the same business, or in or about the same establishment, shall prepare and mail to the board, at its main office in the city of Columbus, Ohio, a statement containing the following information, viz: the number of employees employed during the preceding year from January 1 to December 31st inclusive; the number of such employees employed at each kind of employment; and, the aggregate amount of wages paid to such employees, which in

em

confidential.

formation shall be furnished on a blank or blanks to be prepared by the board; and it shall be the duty of the board to furnish such blanks to employers free of charge, upon request therefor. Every employer receiving from the board any blank, with directions to fill out the same, shall cause the same to be properly filled out so as to answer fully and correctly all questions therein propounded, and to give all the information therein sought, or if unable to do so, he shall give to the board in writing good and sufficient reasons for such failure. The board may require that the information herein required to be furnished be verified under oath and returned to the board within the period fixed by it or by law. The board or any member thereof, or any person employed by the board for that purpose, shall have the right to examine, under oath, any employer, or the officer, agent or employee thereof for the purpose of ascertaining any information which such employer is required by this act to furnish to the board.

Any employer who shall fail or refuse to furnish to the board the annual statement herein required, or who shall fail or refuse to furnish such other information as may be required by the board under authority of this section, shall be liable to a penalty of five hundred dollars, to be collected in a civil action brought against said employer in the name of the State; all such penalties, when collected, shall be paid into the State insurance fund and become a part thereof. Information SEC. 1465-46. The information contained in the annual report provided for in the preceding section, and such other information as may be furnished to the board by employers in pursuance of the provisions of said section, shall be for the exclusive use and information of said board in the discharge of its official duties, and shall not be open to the public nor be used in any court in any action or proceeding pending therein unless the board is a party to such action or proceeding; but the information contained in said report may be tabulated and published by the department, in statistical form, for the use and information of other State departments and the public. Any person in the employ of the board who shall divulge any information secured by him in respect to the transactions, property or business of any company, firm, corporation, person, association, copartnership or public utility to any person other than the members of the board, while acting as an employee of the board, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500), and shall thereafter be disqualified from holding any appointment or employment with the board.

Powers of members.

Compelling attendance.

Officers' fees.

SEC. 1465-47. Each member of the board, the secretary and every inspector or examiner appointed by the board, shall, for the purposes contemplated by this act, have power to administer oaths, certify to official acts, take depositions, issue subpoenas, compel the attendance of witnesses and the production of books, accounts, papers, records, documents and testimony.

SEC. 1465-48. In case of disobedience of any person to comply with the order of the board, or subpoena issued by it as [or] one of its inspectors, or examiners, or on the refusal of a witness to testify to any matter regarding which he may be lawfully interrogated, or refuse to permit an inspection as aforesaid, the probate judge of the county in which the person resides, on application of any member of the board, or any inspector or examiner appointed by it, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpoena issued from such court on a refusal to testify therein.

SEC. 1465-49. Each officer who serves such subpœna shall receive the same fees as a sheriff, and each witness who appears, in obedience to a subpoena, before the board or an inspector or examiner, shall receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of common pleas, which shall be audited and paid from the State treasury in the same manner as other expenses are audited and paid, upon the presentation of proper vouchers approved by any Witnesses' fees. two members of the board. No witness subpoenaed at the instance of a party other than the board or an inspector shall be entitled to compensation from the State treasury unless the board shall certify that his testimony was material to the matter investigated.

Depositions.

SEC. 1465-50. In an investigation, the board may cause depositions of witnesses residing within or without the State to be taken in the