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obtain illegal employment for children, to omit to warn applicants of labor
disputes in places of proposed employment, and to indulge in false advertising.
Maximum fee for supplying non-professional positions is increased from $2
to $3 but fees may not be collected until employment has been obtained and
accepted. Penalties are revised. (C. 41.) Act regulating private employment
agencies is amended to cancel citizenship requirement for agents' license, t<f
reduce county residence requirement from two years to one, to change provisions



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Public Employment Offices 287

for action against required bond, to declare each day of operation without a
license a separate offense, and to provide for injunctions to restrain operation
of unlicensed agencies. (C. 42, 2nd called session.)

^FwcanJin.— Employment agents are subjected to act regulating private
agencies whether or not this work constitutes their principal business, and
regardless of whether they operate in a fixed place, on the streets, or as
transients. Employers securing help for themselves only are, however, ex-
empted. (C. 142.)

2. PUBLIC EMPLOYMENT OFFICES

Arkansas. — Commissioner of labor is authorized to cooperate with federal
and municipal governments, and with associations or individuals for estab-
lishment of additional employment bureaus. Certain requirements for estab-
lishment and operation of state employment service are amended. (No. 4,
Special Session.)

Illinois.— A 1919 act instructing the director of labor to gather information
and to take other steps to promote re-employment of discharged soldiers and
sailors, also directing employers to furnish certain information to this end, is
repealed. (H. B. 291.)

Michigan. — Location of free employment offices is no longer fixed by law
but commission is authorized to establish them where it seems advisable.
(No. 206.)

Minnesota. — Board of control is to endeavor to secure employment for blind
youths of working age as well as for blind adults. It is also to attempt to
secure vocational training for such persons. It may aid blind persons with
payment for maintenance during training by the division of re-education. Quali-
fications of persons eligible for relief are made more specific. (C. 336.)

Nevada, — A public employment service is established under direction of
labor commissioner. He may establish state employment offices where they
will be most beneficial, may cooperate with the federal government or local
governments in joint establishment and maintenance of such offices, may
appoint agents and clerical workers, and may advertise for business using not
over 10 per cent of funds for this purpose. Agents must register applicants
for employment and for employees and attempt to distribute labor supply to
avoid local congestion and fill vacancies throughout state. No fees may be
charged or accepted on pain of disqualification for office in this service and
maximum penalty of $100 fine, three months' imprisonment, or both. State-
ments filed concerning labor disputes must be posted with answer of other
party if such is received upon notification. Personal notice of such disputes
must be given any applicants for positions in plants affected. For purposes of
this act $1,500 is appropriated. (C 121.)

North Carolina. — A bureau of labor for the deaf is created in department of
printing and labor to assist in securing employment for deaf persons, to study
educational methods of making them self-supporting, and to collect information
helpful for this work. Bureau chief who is to be appointed by commissioner
of printing and labor, is allowed $2,000 salary and $1,000 expenses. (C. 122.)

Porto Rico, — A public employment service is created in charge of a general
employment agent appointed by commissioner of agriculture and labor to
maintain employment offices, gather employment statistics, and to study open-



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288 American Labor Legislation Review

ings for employment at home and abroad, means of avoiding unemployment,
and opportmiities for public works in periods of depression. He must cooperate
with the United States employment service. Notice received of labor disputes
must be posted in offices with statements of both parties, and applicants for
positions in places affected must be warned of existant disputes and are not to
be prejudiced by refusal of positions under such circumstances. Persons be-
tween fourteen and eighteen are to be registered on special forms accompanied
by certificates and other papers required by child labor act Formation of night
schools and their attendance by employed children is to be encouraged. Accept-
ance of fees and other improper acts of agents or their subordinates are
forbidden. Maximum penalty, $500 fine, or six months' imprisonment, or both.
(No. 51.)

West Virginia, — Commissioner of labor is authorized in cooperation with
the United States employment service to establish a free employment bureau
(apparently in addition to the existing public employment service.) (C. 49.)

3. PUBLIC WORKS

Alabama. — Road laws of Limestone and Lawrence counties forbid working
convicts in the same squad with other road laborers. (Nos. 312 and 411.)

Massachusetts, — In employment of scrub women or helpers in the labor
service of Boston preference shall be given to all widows and first preference
to widows of men who died in the city's employ. (C. 476.)

South Carolina. — Board of highway commissioners of Marlboro county is
empowered to hire free labor to work in connection with chain-gangs and to
use chain-gangs in connection with work being done on contract basis. Wages
of mechanics, foremen, guards and other county employees are to be fixed by
this board. (No. 27.) Engineer employed by Union county advisory board is
to have unqualified right to hire and discharge foremen and laborers for work
under his supervision, but the numbers employed and the wages paid are to
be determined by the advisory board. (No. 94.) Highway commissioners of
Colleton county are directed to organize and equip four "gangs" of laborers
for highway maintenance and to employ them in specified parts of county.
Gang foremen are periodically to be furnished with rations for their gangs for
which they must give strict account to the commission. (No. 142.)

South Dakota, — State board of finance is directed to supervise emplosrment
of all state employees with a few specified exceptions, to classify and grade
them, establishing uniform salaries for each grade of work, to determine the
days and hours of service, and to arrange for transfers from one department
to another to meet pressure of work, (C. 278.)

Wisconsin. — Board of control is directed to ascertain from state depart-
ments and institutions, tentative plans for public works and estimates of char-
acter and duration of employment thereon, number of employees to be used,
wage rates, etc. Industrial commissioner, cooperating with immigration com-
missioner, is directed to keep constantly informed of employment conditions
and to report to governor whenever extraordinary unemployment exists caused
by industrial depression. At such times board of control is authorized to
(tistribute available funds for public works among the state departments and
institutions so as to provide the maximum public employment consistent with
the most useful, permanent and economic extension of such works. Preference



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Safety and Health

for this employment is to be given first to state citizens, second to Uni^
citizens, and last to aliens resident in the state. (C. 76.) -

4. MISCELLANEOUS

California,— Hovi&mg is included among the list of employment conditions
concerning which it is unlawful to give false information in order to secure or
place labor. (C. 262.)

Florida.—LaLW enacted regulating the procuring of labor in one county for
employment in another. (No. 179.) Preference for employment in construc-
tion of public buildings is given to residents of state. (No. 28.)

Minnesota, — ^Act prohibiting use of false representations or advertisements
to procure labor is amended to make more specific the requirement that adver-
tisements and proposals of employment shall give notice of existing labor
troubles, and to provide a right of action for employees sustaining damages
because of false representations in violation of any part of the law. (C 272.)

Safety and Health

1. PROHIBITION
(1) Exclusion of Persons

California. — Congress is urged to pass and submit to the states a constitu-
tional amendment prohibiting child labor. (A. J. R. 21.)

Delaware,— In cities of more than 20,000 population boys under twelve
and girls under fourteen are prohibited from selling or delivering papers,
periodicals or other articles in streets or other public places, and minors under
sixteen may engage in such occupation only if school attendance requirements
are complied with and if badge to be secured from labor commission is con-
spicuously worn. Such employment during school hours or between 7 P. M.
and 6. A. M. is forbidden. Commissioner may refuse to issue badges to minors
physically or mentally unable to carry on such work in addition to required
school attendance, and may revoke or suspend badge and employment certi-
ficate for violation of this act. (C. 204.) Minimum age for employment in
occupations classified as "dangerous" is increased from fifteen to sixteen
years. (C 202.)

Michigan. — Law forbidding employment in certain places of children un-
der fourteen, or of those under fifteen during school hours, is extended to
cover quarries, as is also employment certificate law. Registers of employed
minors must now cover all children under eighteen instead of sixteen. Em-
ployment certificates are required up to the age of seventeen instead of
sixteen in localities having continuation schools. Employment certificate re-
quirements are amended. Law prohibiting employment of certain children
in hazardous occupations is amended to reduce the age limit for girls from
twenty-one to eighteen years. Employment of children by traveling theatrical
companies must be approved by commissioner of labor. (No. 206.)

Nevada. — Congress is memorialized to pass and submit to the states the
pending constituticxial amendment authorizing federal regulation and prohibi-
tion of child labor. Nevada senators and representatives are urged to sup-
port it. (S. J. R. 5.)

New Jersey. — Employment of children under fourteen in mines and quar-
ries is forbidden. Penalties for parents and employers violating age, em-



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290 American Labor Legislation Review

ployment certificate, and dangerous occupation provisions of child labor act
are graduated in accordance with the number of offenses. (C 80.)

North Dakota. — For changes in child labor law prohibiting employment of
certain children in mines and in certain places of public amusement, and au-
thorizing board of administration to forbid their employment in other places
see p. 297.

Oregon. — Persons or organizations operating public dance halls are for-
bidden to employ minors under eighteen, or to permit them to furnish music
for public dancing therein. Violations are misdemeanors. Penalty, $10 to
$100 fine. (C. 17.)

Rhode Island.— VoT extension of list of occupations prohibited for certain
minors see p. 291.

South Carolina. — =An act creating children's courts in counties of between
90,000 and 100,000 population confers upon them original jurisdiction over
children engaging in forbidden occupations or exhibitions. (No. 148.)

South Dakota. — For exception in law prohibiting employment of children
under fourteen see p. 283.

Washington, — For memorial urging passage of ccHistitutional amendment
for prohibition of child labor see p. 2^.

Wisconsin. — Employers operating public eating places, meat markets,
bakeries, dairies, or other places where food products are handled are for-
bidden knowingly to keep in their employ for such work persons afflicted
with communicable or venereal disease in communicable form, and persons so
affected are forbidden to continue such work. Health officers suspecting
persons so employed of venereal disease may require them to submit to ex-
aminations whose expense they must bear if found to be diseased. Penalty
for violation is cited. (C. 112.)

Wyoming. — For extension of list of dangerous trades in which employment
of children under fourteen is forbidden see p. 300.

2. REGULATION
(1) Factories, Workshops, and Mercantile Estahlishments

Connecticut. — Owners of buildings, rather than employers, are declared
responsible for provision and ventilaticxi of required toilet accomodations for
employees of manufacturing, mechanical, and mercantile establishments in all
cases instead of only when the building contains more than one such plant.
Sanitary maintenance is still the responsibility of the employer. (C. 117.)

Michigan. — Law requiring factory safety devices where ordered by in-
spector is amended to require them in all cases and to declare tmlawful the
operation of machinery not so equipped. Unsafe machinery and equipment
may be condemned by commission and its operation stopped. New installa-
tions must be inspected and approved. Fees not exceeding $5 may be charged
for inspections. (No. 206.)

New Jersey. — Smoking in factories, workshops, mills or other places
where goods of any kind are manufactured is prohibited. Notices to this
effect in language readable by employees must be posted in a number of
specified places throughout the plant. Smoking may however be allowed in
specially "protected portions" of the plant so designated by commissioner of
labor. He is to enforce this act. Officials of muncipal fire departments arc
directed to report any violations noted to hint Penalty for violations, $10



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Safety and Health 291

to $20 fine for first offense, $20 to $50 for subsequent offenses, or not more
than 30 days' imprisonment, or both. (C. 31.)

North Carolina. — Outside fire escapes are now required on factories and
workshops three or more stories high which employ ten or more (formerly
thirty or more) persons above the first floor. Requirements are no longer
affected by the number of inside stairways. (C. 149.)

Ohio. — Persons, partnerships, or corporations operating factories or work-
shops are forbidden to furnish employees with cloths or other material for
wiping rags without first having such material washed with soap and alkali
soda, sterilized with chemicals, and dried in heat of 212 degrees. Penalty
for first violation, $25 to $100 fine, for second violation $200 to $300 fine, for
subsequent offenses 30 to 90 days' imprisonment. (H. B. 625.)

Rhode Island. — Minimum age for employment during school hours in
factories or business establishments is raised from fourteen to fifteen. Com-
pulsory school attendance and employment certificate requirements are amend-
ed correspondingly. Physical examinations for employment certificates must
be in accordance with standards to be fixed by board of health. These pro-
visions are not effective until September 1, 1924. Many processes and occupa-
tions are specifically declared dangerous and prohibited for minors under six-
teen and board of health may increase prohibited' list either for all such
minors or for any individual minor under sixteen. (C. 2367.)

Texas. — Law requiring fire escapes on buildings of three or more stories
is amended to require only one fire escape for every six thousand square feet
of building area in office buildings, stores, work shops, factories, and industrial
plants although for hospitals, educational buildings, dormitories, hotels,
boarding and apartment houses, theaters, and places of public gathering the
earlier requirement of one escape to every five thousand square feet is con-
tinued. For certain other type buildings the number of escapes is further
reduced. Requirements for construction, location and inspection of escapes
are made more specific. (C. 170.)

(2) Mines

Alaska. — Operators of coal mines employing ten or more men are for-
bidden to employ as mine foremen, assistant mine foremen, or fire-bosses
persons not holding certificates of competency issued within ten years by the
state board of examiners or by the supervising engineer of the United States
bureau of mines for Alaska. When such qualified persons are unavailable,
temporary employment of any experienced men is permitted for thirty days.
If qualified persons are still unavailable after thirty days, available persons
may secure temporary certificates from the engineer of the United States
bureau for sixty days' employment. Violation declared a misdemeanor.
Maximum penalty, $500 fine, or 60 days* imprisonment, or both. (C 35.)

Idaho. — Mining companies are no longer forbidden to hoist or lower men
at a greater speed than six hundred feet a minute. (C. 131.)

Illinois. — State mining board must hold annual examinations for electrical
hoisting engineers for coal mines. Written examinations and other papers of
candidates must be kept on file for six months instead of one year. Certi-
ficates of mine managers, hoisting engineers, or mine examiners may be
cancelled after hearing if board finds that they were obtained by fraud or
misrepresentation. Safety requirements dealing with blind pillars, safety



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292 American Labor Legislation Review

lamps, gas testing, cross bars, open lights, timbering, and hauling arc
amended. For violation of any of the "special rules," relating mainty to
safety duties of employees, penalties are provided— first oflFensc, $5 to $25
fine; subsequent offenses, $25 to $100 fine, or imprisonment for not over 30
days. (S. B. 372.) Motor generator stations or transformer stations in-
stalled underground in mines must be designated on mine maps. At least
one cubic yard of sand must be kept at each station for fire fighting, and in
addition two chemical fire extinguishers. Penalty for violations of these
or other electrical mining safety requirements, $50 to $500 fine, or imprison-
ment for one to six months, or both. (S. B. 373.) Requirements of coal
mine law for fire-proof construction of hoisting-and-air-shafts, passageways,
drifts and slopes, and for distribution of chemical fire extinguishers are re-
vised and are no longer applicable to mines employing ten men or less. Fire
gongs are no longer required Location of stables in coal mines is regulated.
(S. B. 375.) Within thirty days after date of transfer of title of any coal
mine, transferee is required to file in office of recorder of deeds two complete
sets of maps certified to as correct by both purchaser and seller. Penalty
for neglect or refusal to comply, $500 to $1,000 fine, or six months' to one
year's imprisonment. (H. B. 570.)

Indiana. — A new coal mining code is enacted covering all mines employing
ten or more men. Requirements relate to mine maps, exits, hoisting ap-
paratus and signals therefor, means of communication, check-weighmen, ven-
tilation, electric equipment, haulage, explosives, timbers, first aid supplies, life
checks, wash houses, certificates of competency for miners, employment of
minors, safety lamps, sprinkling of mines, wage payment, and mine inspection.
No mention is made of former act but many sections apparently are dupli-
cated or amended. Salary of chief mine inspector is increased from $2,500
to $3,000 and of assistant inspectors from $2,000 to $2,500. (C. 177.)

Nevada. — Requirements for separate manways in mine hoisting shafts
apply to those equipped with hoisting machinery requiring a licensed engineer
operator instead of to those two hundred feet deep and inclined more than
forty-five degrees. Upraises of more than twelve feet driven from the back
of levels, tunnels, etc., and inclined more than forty-five degrees where men
are working for wages or on contract must be built with two OMnpartments,
one to be set aside as a manway, equipped with ladders, and protected by a
bulkhead at the top. Ladders are no longer required in all upraises, winzes
and shafts. (C. 24.)

North Dakota. — Examination of applicants for positions as mine foremen
are to be conducted by a state board appointed by the governor and repre-
senting both miners and operators instead of by a county board appointed
by a judge of the cotmty district court on request of the coal mine in-
spector. Wash house requirements for coal mines no longer apply to those
employing less than five men. Safety requirements for escapement shafts
are amended. Separate air currents must be provided for every seventy-five
men instead of every one hundred. Area of airways in "room and pillar"
mines must be at least thirty-six square feet instead of twenty-five. Miners
need have only six months* instead of a year's experience to qualify for
independent work. Other minor changes are made in the coal mining code.
(S. B. 386.)



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Safety and Health 29Z

Pemuyhfania.—ln addition to fee of $3 formerly charged for issuance of
mine foreman's or assistant's certificate, a $2 fee must be paid on application
for examination. One dollar is charged for issuance of duplicate of lost cer-
tificate. Sums so collected are to be used for mine inspection service. This
section now applies only to anthracite mines. (No. 248.) Record books re-
quired at coal mines are to be sold instead of given to operators, and proceeds
applied to expenses of inspection. (No. 249.) Provision is made for appoint-
ment of examining boards and examination of applicants for positions of
foremen, assistant foremen, and fire-bosses in bituminous coal mines. Qualifi-
cations for each position are set forth. Fees for examination and certificates
are determined. Operators are forbidden to employ persons in these positions
who do not hold the proper certificates under this or earlier acts unless they
are in his judgment "equally competent with the persons who are holders of
such certificates." Penalty for counterfeiting or fraudulent use of certificates,
$200 to $500 fine, or not over one year's imprisonment, or both. (No. 266.)

Utah, — Certificates of competency for mine or fire-bosses in coal mines
may be granted only to United States citizens or persons who have made
declaration of intention to become citizens. (C. 10.)

Wyoming. — On written request of 60 per cent of the miners employed, and
after inspection, mine inspector may require employment of a sufficient num-
ber of qualified shot inspectors to do all firing of blasts in coal mines eml-
ploying more than ten men where more than two pounds of powder are used
in a single blast and where gas is generated in dangerous quantities. Shot
inspectors are forbidden to fire shots not properly prepared and are required
to keep records and post notices showing number of shots fired, not fired,
and exploded. Shots may not be fired until all employees, with certain speci-
fied exceptions, have left mine. Miners are forbidden to change drill holes
after approval by shot inspectors. Drilling or shooting "dead holes" is for-
bidden. Penalty, applying to all parts of act, $100 to $200 fine, not over
three months' imprisonment, or both. (C. 61.) On written request of 60
per cent of employees, coal mine operators must provide bath houses if there
are more than twenty employees who will use them. Reasonable charge not
exceeding one dollar a month may be made for privilege of using such houses.
Specifications for their construction and equipment are included in act.
Mines to which water must be hauled in railroad cars are excepted, also those
to be abandoned before January 1, 1925. Bath houses already constructed
need not meet with specifications of this act but inspectors may require
changes therein where necessary. Penalties are provided for operators failing
to comply and for employees breaking, destroying, or defiling such bath
houses. (C. 63.)

(3) Transportation

Arizona. — On the ground that official statements show that faulty railroad
equipment is being widely used by railroads and that the federal inspection
staff is admittedly inadequate to prevent this practice, although thousands of
extra deputy United States marshals have been appointed to enforce the
federal injunction against the strikers, the United States government is re-
quested to appoint sufficient locomotive inspectors and safety car appliance
inspectors to permit having one inspector of each type assigned to each eight-



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Online LibraryJohn Bertram AndrewsThe American labor legislation review → online text (page 54 of 63)