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present residence of such child, together with such further facts as may be of assistance in determining the age of such child. Such application shall be filed for not less than ninety days after date of such application for such physicians' certificates, for an examination to be made of the statements contained therein, and in case no facts appear within such period or by such examination tending to discredit or contradict any material statement of such application, then and not otherwise the officer may direct such child to appear thereafter for physical examination before two physicians officially designated by the board of health, and in case such physicians shall certify in writing that they have separately examined such child and that in their opinion such child is at least fourteen years of age such officer shall accept such certificates as sufficient proof of the age of such child for the purposes of this section, In case the opinion of such physicians do not concur, the child shall be examined by a third physician and the concurring opinions shall be conclusive for the purpose of this section as to the age of such child.

Such officer shall require the evidence of age specified in subdivision (a) in preference to that specified in any subsequent subdivision and shall not accept the evidence of age permitted by any subsequent subdivision unless he shall receive and file in addition thereto an affidavit of the parent showing that no evidence of age specified in any preceding subdivision or subdivisions of this section can be produced. Such affidavit shall contain the age, place and date of birth, and present residence of such child, which affidavit must be taken before the officer issuing the employment certificate, who is hereby authorized and required to administer, such oath and who shall not demand or receive a fee therefor. Such employment certificate shall not be issued until such child's father has personally appeared before and been examined by the othcer issuing the certificate, and until such officer shall, after making such examination, sign and file in his office a statement Illiterates. that the child can read and legibly write simple sentences in the English language and that in his opinion the child is fourteen years of age or upwards and has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work which it intends to do. In doubtful cases such physical fitness shall be determined by a medical officer of the board or department of health. Every such employment certificate shall be signed, in the presence of the officer issuing the same, by the child in whose name it is issued.

SEC, 72 (as amended by chapter 184, Acts of 1903). Such certifi- Certificates cate shall state the date and place of birth of the child, and de- to contain

what. scribe the color of the hair and eyes, the height and weight and any distinguishing facial marks of such child, and that, the papers required by the preceding section have been duly examined, approved and filed and that the child named in such certificate has appeared before the officer signing the certificate and been examined.

SEC. 73 (as amended by chapter 291, Acts of 1907). The school Record. record required by this article shall be signed by the principal or chief executive officer of the school which such child has attended and shall be furnished, on demand, to a child entitled thereto or to the board, department or commissioner of health. It shall contain a statement certifying that the child has regularly attended the public schools or schools equivalent thereto or parochial schools for not less than one hundred and thirty days during the twelve months next preceding his fourteenth birthday, or during the twelve months next preceding his application for such school record and is able to read and write simple sentences in the English language, and has received during such period instruction in reading, spelling, writing, English grammar and geography and is familiar with the fundamental operations of arithmetic up to and including fractions. Such school record shall also give the date of birth and residence of the child as shown on the records of the school and the name of its parents or guardian or custodian.

Reports of Sec. 75. The board or department of health or health commiscertificates.

sioner of a city, village or town, shall transmit, between the first and tenth day of each month, to the office of the factory inspector a list of the names of the children to whom certificates have been

issued. Register. Sec. 76 (as amended by chapter 184, Acts of 1903, and chapter

493, Acts of 1905). Each person owning or operating a factory and employing children therein shall keep, or cause to be kept in the office of such factory, a register, in which shall be recorded the name, birthplace, age and place of residence of all children so employed under the age of sixteen years. Such register and the certificate filed in such office shall be produced for inspection upon the demand of the commissioner of labor. On termination of the employment of a child so registered, and whose certificate is so filed, such certificate shall be forthwith surrendered by the employer to the child or its parent or guardian or custodian. The commissioner of labor may make demand on any employer in whose factory a child apparently under the age of sixteen years is employed or permitted or suffered to work, and whose employment certificate is not then filed as required by this article, that such employer shall either furnish him within ten days, evidence satisfactory to him that such child is in fact over sixteen years of age, or shall cease to employ or permit or suffer such child to work in such factory. The commissioner of labor may require from such employer the same evidence of age of such child as is required on the issuance of an employment certificate; and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of the child. A notice embodying such demand may be served on such employer personally or may be sent by mail addressed to him at said factory, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post. When the employer is a corporation such notice may be served either personally upon an officer of such corporation, or by sending it by post addressed to the office or the principal place of business of such corporation. The papers constituting such evidence of age furnished by the employer in response to such demand shall be filed with the commissioner of labor and a material false statement made in any such paper or affidavit by any person, shall be a misdemeanor. In case such employer shall fail to produce and deliver to the commissioner of labor within ten days after such demand such evidence of age herein required by him, and shall thereafter continue to employ such child or permit or suffer such child to work in such factory, proof of the giving of such notice and of such failure to produce and file such evidence shall be prima facie evidence in any prosecution brought for a violation of this article that such child is

under sixteen years of age and is unlawfully employed. Night work SEC. 77 (as amended by chapter 507, Acts of 1907). Subdivision of children. 1. No child under the age of sixteen years shall be employed or

permitted to work in or in connection with any factory in this State before eight o'clock in the morning, or after five o'clock in the evening of any day, or for more than eight hours in any one day, or more than six days in any one week.

Subd. 2. No male minor under the age of eighteen years shall be employed or permitted to work in any factory in this State more than six days or sixty hours in any one week, or for more than ten hours in any one day, except as hereafter provided; nor between the hours of twelve midnight and four o'clock in the

morning. Night work Subd. 3. No female minor under the age of twenty-one years and

no woman shall be employed or permitted to work in any factory in this State before six o'clock in the morning, or after nine o'clock in the evening of any day, or more than six days or sixty hours in any one week; nor for more than ten hours in any one day except as hereafter provided.

Ilours of la. bor.

of women.

Subd. 4. A printed notice, in a form which shall be furnished by Notice. the commissioner of labor, stating the number of hours per day for each day of the week required of such persons, and the time when such work shall begin and end, shall be kept posted in a conspicuous place in each room where they are employed. But such persons may begin their work after the time for beginning and stop before the time for ending such work, mentioned in such notice, but they shall not otherwise be employed, permitted or suffered to work in such factory except as stated therein. The terms of such notice shall not be changed after the beginning of labor on the first day of the week without the consent of the commissioner of labor. The presence of such persons in the factory at any other hours than those stated in the printed notice, or if no such notice be posted, before seven o'clock in the morning or after six o'clock in the evening, shall constitute prima facie evidence of a violation of this section.

Subd. 5. In a factory wherein, owing to the nature of the work, Time books. it is practically impossible to fix the hours of labor weekly in advance the commissioner of labor, upon a proper application stating facts showing the necessity therefor, shall grant a permit dispensing with the notice hereinbefore required, upon condition that the daily hours of labor be posted for the information of employees and that a time book in a form to be approved by him, giving the names and addresses of all female employees and tlie hours worked by each of them in each day, shall be properly and correctly kept, and shall be exhibited to him or any of his subordinates promptly upon demand. Such permit shall be kept posted in such place in such factory as such commissioner may prescribe, and may be revoked by such commissioner at any time for failure to post it or the daily hours of labor or to keep or exhibit such time book as herein provided.

Subd. 6. Where a female or male minor is employed in two or Employment more factories or mercantile establishments in the same day or in two or more

factories. week the total time of employment must not exceed that allowed per day or week in a single factory or mercantile establishment; and any person who shall require or permit a female to work in Violations. a factory between the hours of six o'clock in the evening and seven o'clock in the morning in violation of the provisions of this subdivision of this section, with or without knowledge of the previous or other employment, shall be liable for a violation thereof.

The prohibition of night work by adult females is unconstitutional. N. E. Rep. 778. Sec. 78 (as amended by chapter 507, Acts of 1907). Subdivision Work for mi re

than ten hours. 1. A female sixteen years of age or upwards and a male between the ages of sixteen and eighteen may be employed in a factory more than ten hours a day; (a) regularly in not to exceed five days a week, in order to make a short day or a holiday on one of the six working days of the week; (b) irregularly in not to exceed three days a week: Provided, That no such person shall be required or permitted to work more than twelve hours in any one day or more than sixty hours in any one week, and that the provisions of the preceding section as to notice or time book be fully complied with. Subd. 2. In a prosecution for a violation of any provision of

Proof. this or of the preceding section the burden of proving a permit or exception shall be upon the party claiming it.

81

Inspection of factories and workshops.

(Page 2102.)

ways, etc., to be

SECTION 79. If, in the opinion of the factory inspector, it is nec

Elevator essary to protect the life or limbs of factory employees, the owner, guarded. agent, or lessee of such factory where an elevator, hoisting shafts, or wellhole is used, shall cause, upon written notice from the

factory inspector, the sa me to be properly and substantially enclosel, securel or guarded, and shall provide such proper traps or automatic doors so fastened in or at all elevator ways, except passenger elevators enclosed on all sides, as to form a substantial surface when closed and so constructed as to optu and close by action of the elevator in its passage either ascending or descending. The factory inspector may inspect the cable, gearing or other apparatus of elevators in factories and require them to be

kept in a safe condition. Operation No child under the age of fifteen years shall be employed or by children.

permitted to have the care, custody or management of or to operate an elevator in a factory, nor shall any person under the age of eighteen years be employed or permitted to have the care, custody or management of or to operate an elerator therein, running at a speel of over two hundred feet a minute.

No absolute duty devolves upon the owner to provide safeguards until directed so to do in the discretion of the inspector. 28 Abb. New Cases 138.

In the absence of such protection an employee aware of the facts is charged with the duty of avoiding the consequent dangers and a failure to do so makes him guilty of contributory negligence. 72. Hun 403.

The omission to provide the safeguards mentioned in the statute is eridence for the jury on the question of negligence. 81 Hun 195.

This section does not relieve the plaintiff of the burden of showing that there was no contributory negligence. Accepting service in the known absence of the automatic door prescribed is an assumption of risk and

waives the benefit of the statute. 70 llun 530. Stairways. SEC. 80. Proper and substantial hand rails shall be provided on

all stairways in factories. The steps of such stairs shall be corered with rubber, securely fastened thereon, if in the opinion of the factory inspector the safety of employees would be promoted

thereby. The stairs shall be properly sereened at the sides and Doors to open bottom. All doors leading in or to any such factory shall be so Oʻit wardly.

constructed as to open outwardly where practicable, and shall not

be locked, bolted or fastened during working hours. Belt shifters, SEC, 81 (as amended by chapter 366, Acts of 1906). The owner or guards, etc.

person in charge of a factory where machinery is used, shall provide, in the discretion of the commissioner of labor, belt shifters or other mechanical contrivances for the purpose of throwing on or off belts on pulleys. Whenever practicable, all machinery shall be provided with loose pulleys. All vats, pans, saws, planers, cogs, gearing, belting, shafting, set screws and machinery, of every description, shall be properly guarded. No person shall remove or make ineffective any safeguard around or attached to machinery, vats or pans, while the same are in use, unless for the purpose of

immediately making repairs thereto, and all such safeguards so Fans.

removed shall be promptly replaced. Exhaust fans of sufficient power shall be provided for the purpose of carrying off dust from emery wheels, grindstones and other machinery creating dust; except where in case of woodworking machinery, the cominissioner of labor after first making and filing in the public records of his oflice a written statement of the reasons therefor shall decide that it is unnecessary for the health and welfare of the operatives. If a machine or any part thereof is in a dangerous condition or is not properly guarded, the use thereof may be prohibited by the commissioner of labor and a notice to that effect shall be attached thereto, Such notice shall not be removed until the machine is made safe and the required safeguards are pro

vided, and in the meantime such unsafe or dangerous machinery Lights. shall not be used. When in the opinion of the commissioner of

labor it is necessary, the workrooms, halls and stairs leading to the workrooms shall be properly lighted, and in cities of the first class, if deemed necessary by the commissioner of labor, a proper light shall be kept burning by the owner or lessee in the public hallways near the stairs upon the entrance floor and upon the other floors on every workday in the year, from the time when the building is opened for use in the morning until the time it is closed in the evening, except at times when the influx of natural light shall make artificial light unnecessary. Such lights to be inde

ma

pendent of the motive power of such factory. No male person

Cleaning under eighteen years or woman under twenty-one years of

moving age

chinery. shall be permitted or directed to clean machinery while in motion. Children under sixteen years of age shall not be permitted to operate or assist in operating dangerous machines of any kind.

The absence of guards imposes no liability on the owner where an employee, knowing their absence, is injured while outside the line of his duty. 131 N. Y. 6:31.

The proprietor is not hereby made an insurer. His duty is performed when he furnishes a guard sufficient to protect employees from such accidents as may reasonably be apprehended as likely to occur. 75 Hun 283.

Providing guards for dangerous machinery is mandatory. Failure to do so, resulting in injury, is evidence of neglect. 75 Hun 323.

Directing an employee not to change the guards to adjust them to changes in the work is a violation of the law. 87 N. Y. S. 998.

The employee does not waive the provisions of the statute, nor does he assume the risks incident to the use of machinery for which the required safeguards have not been provided by continuing to work, knowing that the machinery is not guarded. 80 Hun 415. (See also notes to section 79, above.)

An (mployee can waive the provisions requiring guards and does so by accepting employment at an unguarded machine. 79 Fed. Rep. 900.

It is error to admit proof of noncompliance with the statute requiring
shafts to be inclosed when the failure to comply was not pleaded. 45 x. I.
St. 285.
SEC. 82. Such fire escapes as may be deemed necessary by the

Fire escapes. factory inspector shall be provided on the outside of every factory in this State consisting of three or more stories in height. Each escape shall connect with each floor above the first, and shall be of sufficient strength, well fastened and secured, and shall have landings or balconies not less than six feet in length and three feet in width, guarded by iron railings not less than three feet in height, embracing at least two windows at each story and connected with the interior by easily accessible and unobstructed openings. The balconies or landings shall be connected by iron stairs, not less than eighteen inches wide, with steps of not less than six inches tread, placed at a proper slant and protected by a well secured hand rail on both sides, and shall have a drop ladder not less than twelve inches wide reaching from the lower platform to the ground.

The windows or doors to the landing or balcony of each fire escape shall be of sufficient size and located as far as possible, consistent with accessibility from the stairways and elevator hatchways or openings, and a ladder from such fire escape shall extend to the roof. Stationary stairs or ladders shall be provided on the inside of every factory from the upper story to the roof, as a means of escape in case of fire.

A safe landing place is an essential part of a fire escape. 72 Hun 535.

Keeping windows screwed down is not a violation of the provision requiring openings to be "easily accessible and unobstructed” if the frames are so light as to be easily broken and the processes of manufacture require the windows to remain closed. 48 N. E. Rep. 897.

Sec. 83. Any other plan or style of fire escape shall be sufficient Power of in if approved in writing by the factory inspector. If there is no fire spector. esca pe, or the fire escape in use is not approved by the factory inspector, he may, by a written order served upon the owner, proprietor or lessee of any factory, or the agent or superintendent thereof, or either of them, require one or more fire escapes to be provided therefor, at such locations and of such plan and style as shall be specified in such order.

Within twenty days after the service of such order, the number of fire escapes required therein shall be provided, each of which shall be of the plan and style specified in the order, or of the plan and style described in the preceding section.

Where the statutory fire escape has not been provided, if the jury finds that an escape equally safe and convenient has been provided, the employer has performed his duty under the statute. 51 N. Y. St. 248.

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