served or affixed, the person responsible therefor shall immediately remove such scaffolding or part thereof and alter or strengthen

it in such manner as to render it safe, in the discretion of the offiAccess to cer who has examined it, or of his superiors. The factory inspecpremises. tor and any of his deputies whose duty it is to examine or test

any scaffolding or part thereof, as required by this section, shall have free access, at all reasonable hours, to any building or premises containing them or where they may be in use. All swinging and stationary scaffolding shall be so constructed as to bear four times the maximum weight required to be dependent therefrom or placed thereon, when in use, and not more than four men shall be allowed on any swinging scaffolding at one time.

The unexplained falling of a scaffold would seem to create a presumption of negligence on the part of the employer. That it should fall having on it only the weight required for the purpose for which it was con

structed is prima facie evidence of such negligence. 58 N. E. Rep. 662. Protective SEC. 20 (as amended by chapter 520, Acts of 1905). All confloors to be tractors and owners, when constructing buildings in cities, where

the plans and specifications require the floors to be arched between the beams thereof, or where the floors or filling in between the floors are of fireproof material or brickwork, shall complete the ficoring or filling in as the building progresses, to not less than within three tiers of beams below that on which the iron work is being erected. If the plans and specifications of such buildings do not require filling in between the beams of floors with brick or fireproof material all contractors for carpenter work, in the course of construction, shall lay the underflooring thereof on each story as the building progresses, to not less than within two stories below the one to which such building has been erected. Where double floors are not to be used, such contractor shall keep planked over the floor two stories below the story where the work is being performed. If the floor beams are of iron or steel, the contractors for the iron or steel work of building[s] in course of construction or the owners of such buildings, shall thoroughly plank over the entire tier of iron or steel beams on which the structural iron or steel work is being erected, except such spaces as may be reasonably required for the proper construction of such iron or steel work, and for the raising or lowering of materials to be used in the construction of such building, or such spaces as may be desig.

nated by the plans and specifications for stairways and elevator Joist w a y s shafts. If elevators, elevating machines or hod-hoisting apparatus to be secured.

are used within a building in the course of construction, for the purpose of lifting materials to be used in such construction, the contractors or owners shall cause the shafts or openings in each floor to be inclosed or fenced in on all sides by a barrier at least eight feet in height, except on two sides which may be used for taking off and putting on materials, and those sides shall be guarded by an adjustable barrier not less than three nor more than four feet from the floor and not less than two feet from the edge of such shaft or opening. If a building in course of construction is five stories or more in height, no lumber or timber needed for such construction shall be hoisted or lifted on the outside of such building. The chief officer, in any city, charged with the enforcement of the building laws of such city and the factory inspector are hereby charged with enforcing the provisions of this section.

It is negligence on the part of the employer to fail to provide the flooring required by this section, but a workman cognizant of such negligence is guilty of contributory negligence if he consents to work in the absence

of such safeguards. 34 App. Div. 521. Enforce- SEC. 21. The factory inspector shall enforce all the provisions

of this article. He shall investigate complaints made to him of violations of such provisions and if he finds that such complaints are well founded he shall issue an order directed to the person or corporation complained of, requiring such person or corporation to comply with such provisions. If such order is disregarded the factory inspector shall present to the district attorney of the


proper county all the facts ascertained by him in regard to the alleged violation, and all other papers, documents or evidence pertaining thereto, which he may have in his possession. The district attorney to whom such presentation is made shall proceed at once to prosecute the person or corporation for the violations complained of, pursuant to this chapter and the provisions of the l'enal Code. If complaint is made to the factory inspector that any person contracting with the State or a municipal corporation for the performance of any public work fails to comply with or evades the provisions of this article respecting the payment of the prevailing rate of wages, the requirements of hours of labor or the employment of citizens of the United States or of the State of New York, the factory inspector shall if he finds such complaints to be well founded, present evidence of such noncompliance to the officer, department, or board having charge of such work. Such officer, department or board shall thereupon take the proper proceedings to revoke the contract of the person failing to comply with or evading such provisions.

Department of labor-Collection of statistics.

(Page 2095. Amended by chapter 505, Acts of 1907.) SECTION 30. There shall continue to be a department of labor Com mis

sioner. the head of which shall be the commissioner of labor who shall be appointed by the governor by and with the advice and consent of the senate and who shall hold office for a term of four years beginning on the first day of January of the year in which he is appointed. He shall receive an annual salary of five thousand dolla rs. He shall appoint all officers, clerks and other employees in the department of labor. Wherever the title of factory inspector is used in article one of this chapter or the title of commissioner of labor statistics in article four thereof it shall be construed to mean the commissioner of labor.

Sec. 31. The commissioner of labor shall forthwith upon enter- Deputies. ing upon the duties of his office appoint and may at pleasure re- · move two deputy commissioners of labor, who shall receive such annual salaries, not to exceed three thousand dollars each, as may be appropriated therefor. The powers hereinafter conferred upon the first and second deputy commissioners shall not include the appointment of officers, clerks or other employees in any of the bureaus of the department of labor.

SEC. 32. The department of labor shall be divided into three Bureaus. bureaus as follows: Factory inspection, labor statistics and mediation and arbitration.

SEC, 33. Subdivision 1. The commissioner of labor, his deputies Powers, and their assistants and each special agent and deputy factory inspector may administer oaths and take affidavits in matters relating to the provisions of this chapter.

Subd. 2. No person shall interfere with, obstruct or hinder by force or otherwise the commissioner of labor, his deputies, their assistants or the special agents or deputy factory inspectors while in the performance of their duties, or refuse to properly answer questions asked by such officers pertaining to the provisions of this chapter, or refuse them admittance to any place where and when labor is being performed which is affected by the provisions of this chapter.

Subd. 3. All notices, orders and directions of deputies, assistants, special agents and deputy factory inspectors given in accordance with this chapter are subject to the approval of the commissioner of labor. And all acts, notices, orders, permits and directions by any provisions of this chapter directed to be performed or given by the factory inspector, chairman of the board of mediation and arbitration or other officer of the department of labor may be performed or given by and in the name of the commissioner of labor and by any officer of the department thereunto


duly authorized by such commissioner in the name of such commissioner.

Subd. 4. The commissioner of labor may procure and cause to be used badges for himself and his subordinates in the department

of labor while in the performance of their duties. Expenses, SEC. 34. All necessary expenses incurred by the commissioner

of labor in the discharge of his duties shall be paid by the State treasurer upon the warrant of the comptroller issued upon proper vouchers therefor. The reasonable and necessary traveling and other expenses of the deputy commissioners, their assistants, the special agents and statisticians, the deputy factory inspectors and other field oficers of the department while engaged in the performance of their duties shall be paid in like manner upon vouchers approved by the commissioner of labor and audited by the

comptroller. Suboffices. SEC. 35. The commissioner of labor may establish and maintain

a subotlice in any city of the first class if in his opinion it be necessary. He may designate any one or more of his subordinates to take charge of and manage any such office, subject to his direction. The reasonable and necessary expenses of such office shall

be paid as are other expenses of the commissioner of labor. Reports. SEC. 36. The commissioner of labor shall report annually to the

legislature. Old records. SEC. 37. All statistics furnished to and all complaints, reports

and other documentary matter received by the commissioner of labor pursuant to this chapter or any act repealed or superseded thereby may be destroyed by such commissioner after the expiration of six years from the time of the receipt thereof.

Papers embodying such statistical details as the commissioner is author. ized to secure are for a public purpose and are not merely to enable him to make his report. Their removal or destruction is a penal offense, and it is no defense to claim that they were private papers of the person fur. nishing them, or that they embodied information that was confidentially

disclosed. 138 N. Y. Rep. 386. Counsel. SEC. 38. The commissioner of labor may employ counsel in the

department of labor to represent the department or to assist in the prosecution of actions or proceedings brought under the provisions of this chapter. Such counsel shall receive such compensa

tion as may otherwise be provided by law. Bureau of la- SEC. 40. There shall continue to be a bureau of labor statistics, bor statistics. which shall be under the immediate charge of a chief statistician,

but subject to the direction and supervision of the commissioner

of labor. Duties and SEC. 41. The commissioner of labor shall collect, assort, system

atize and present in annual reports to the legislature, statistical details in relation to all departments of labor in the State, especially in relation to the commercial, industrial, social and sanitary condition of workingmen and to the productive industries of the State. He may subpæna witnesses, take and hear testimony, take

or cause to be taken depositions and administer oaths. Duties of SEC. 12. The owner, operator, manager or lessee of any mine, owners, etc., of establishments.

factory, workshop, warehouse, elevator, foundry, machine shop or other manufacturing establishment, or any agent, superintendent, subordinate, or employee thereof, and any person employing or directing any labor affected by the provisions of this chapter, shall, when requested by the commissioner of labor, furnish any information in his possession or under his control which the commissioner is authorized to require, and shall admit him to any place where labor is carried on which is affected by the provisions of this chapter for the purpose of inspection. All statistics furnished to the commissioner of labor, pursuant to this article, may be destroyed by such commissioner after the expiration of two years from the time of the receipt thereof. A person refusing to admit such commissioner, or a person authorized by him, to any such establishment, or to furnish him any information requested, or who refuses to answer or untruthfully answers questions put to him by such commissioner, in a circular or otherwise, shall


forfeit to the people of the State the sum of one hundred dollars for each refusal or untruthful answer given, to be used for and recovered by the commissioner in his name of office. The amount so recovered shall be paid into the State treasury.

Factories and workshops-Inspection, etc.

(Page 2098. Amended by chapter 505, Acts of 1907.)

SECTION 60. There shall continue to be a bureau of factory Bureau of inspection. The first deputy commissioner of labor shall be the factory inspecfactory inspector of the State and in immediate charge of this bureau, but subject to the direction and supervision of the commissioner of labor.

SEC. 61. The commissioner of labor may appoint from time to Deputy in time not more than sixty persons as deputy factory inspectors,

spectors. not more than ten of whom shall be women, and who may be removed by him at any time. The deputy factory inspectors may be divided into three grades, but not more than five shall be of the third grade. Each deputy inspector of the first grade shall receive an annual salary of one thousand dollars, each of the second grade an annual salary of one thousand two hundred dollars and each of the third grade an annual salary of one thousand five hundred dollars. SEC. 62. Subdivision 1. The commissioner of labor may divide Powers and

duties. the State into districts, assign one or more deputy factory inspectors to each district, and may in his discretion transfer them from one district to another; he may assign any of them to inspect any special class or classes of factories or to enforce any special provisions of this chapter; and he may assign any one or more of them to act as clerks in any office of the department.

Subd. 2. The commissioner of labor may authorize any deputy commissioner or assistant and any special agent or inspector in the department of labor to act as a deputy factory inspector with the full power and authority thereof.

Subd. 3. The commissioner of labor, the first deputy commissioner of labor and his assistant or assistants and every deputy or acting deputy factory inspector may in the discharge of his duties enter any place, building or room where and when any labor is being performed which is affected by the provisions of this chapter, and may enter any factory whenever he may have reasonable cause to believe that any such labor is being performed therein.

Subd. 4. The commissioner of labor shall visit and inspect or cause to be visited and inspected the factories, during reasonable hours, as often as practicable, and shall cause the provisions of this chapter to be enforced therein.

Subd. 5. Any lawful municipal ordinance, by-law or regulation relating to factories, in addition to the provisions of this chapter and not in conflict therewith, may be observed and enforced by the commissioner of labor.

Sec. 63. The commissioner of labor shall make an annual re- Reports. port to the legislature of the operation of this bureau.

SEC. 68. A copy or abstract of the provisions of this chapter Law to be applicable thereto, to be prepared and furnished by the commis- posted. sioner of labor, shall be kept posted by the employer jn a conspicuous place on each floor of every factory where persons are employed who are affected by the provisions thereof.

Employment of women and children in factories.

(Page 2100.)

SECTION 70 (as amended by chapter 181, Acts of 1903). No child Age limit for under the age of fourteen years shall be employed, permitted or

children. suffered to work in or in connection with any factory in this State. No child between the ages of fourteen and sixteen years shall be so employed, permitted or suffered to work unless an employment


certificate issued as provided in this article shall have been there tofore filed in the office of the employer at the place of employment of such child.

The employment of a child under lawful age is of itself evidence of negli. gence, where the child is injured on account of such employment. Such a child is not, as a matter of law, chargeable with contributory negligence, nor with the assumption of the risks of his employment. The employer is liable for injuries, though the State makes such employment a misde

60 N. E. Rep. 572. Issue of cer- SEC. 71 (as amended by chapter 291, Acts of 1907). Such certifitificates.

cate shall be issued by the commissioner of health or the executive officer of the board or department of health of the city, town or village where such child resides, or is to be employed, or by such other officer thereof as may be designated by such board, department or commissioner for that purpose, upon the application of the parent or guardian or custodian of the child desiring such employment. Such officer shall not issue such certificate until he has

receivedl, examined, approved, and filed the following papers duly Proofs. executed, viz: The school record of such child properly filled out

and signed as provided in this article; also, evidence of age showing that the child is fourteen years old or upwards, which shall consist of the evidence thereof provided in one of the following subdivisions of this section and which shall be required in the order herein designated as follows:

(a) Birth certificate: A duly attested transcript of the birth certificate filed according to law with a registrar of vital statistics or other oflicer charged with the duty of recording births, which certificate shall be conclusive evidence of the age of such child.

(b) Certificate of graduation : A certificate of graduation duly issued to such child showing that such child is a graduate of a public school of the State of New York or elsewhere, having a course of not less than eight years, or of a school in the State of New York other than a public school, having a substantially equivalent course of study of not less than eight years' duration, in which a record of the attendance of such child has been kept as required by the compulsory education law: Provided, That the record of such school shows such child to be at least fourteen years

(c) Passport or baptismal certificate: A passport or a duly attested transcript of a certificate of baptism showing the date of birth and place of baptism of such child.

(d) Other documentary evidence: In case it shall appear to the satisfaction of the oflicer to whom application is made, as herein provided, for an employment certificate, that a child for whom such certificate is requested, and who has presented the school record, is in fact over fourteen years of age, and that satisfactory documentary evidence of age can be produced, which does not fall within any of the provisions of the preceding subdivisions of this section, and that none of the papers mentioned in said subdivisions can be produced, then and not otherwise he shall present to the board of health of which he is an officer or agent, for its action thereon, a statement signed by him showing such facts, together with such affidavits or papers as may have been produced before him constituting such evidence of the age of such child, and the board of health, at a regular meeting thereof, may then, by resolution, provide that such evidence of age shall be fully entered on the minutes of such board, and shall be received as sufficient evidence of the age of such child for the purpose of this section.

(e) Physicians' certificates: In cities of the first class only, in case application for the issuance of an employment certificate shall be made to such officer by a child's parent, guardian, or custodian who alleges his inability to produce any of the evidence of age specified in the preceding subdivisions of this section, and if the child is apparently at least fourteen years of age, such officer may receive and file an application signed by the parent, guardian or custodian of such child for physicians' certificates. Such application shall contain the alleged age, place and date of birth, and

of age.

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