New York (State). Bureau of Labor Statistics.

Annual report of the Bureau of Labor Statistics of the State of ..., Volume 19 online

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tions of this act and in paying the expenses of such conviction.

§ 55. Articles not to apply to goods manufactured for the use of tlie
state or a municipal corporatioxu — Nothing in this article shall apply to
or affect the manufacture in state prisons, reformatories and peniten-
tiaries, and furnishing of articles for the use of the offices, departments
and Institutions of the state or any political division thereof, as provided
by chapter four hundred and twenty-nine of the laws of eighteen hundred
and ninety-six.

ARTIGIiB V.
Factory Inspector, Assistant and Deputies.*

Section 60. Factory inspector and assiatant.

61. Deputies and clerks.

62. Qeneral powers and duties of factory Inapector.

63. Reports.

64. Badges.

65. Payment of salaries and expenses.

66. Sub-office in New York city.

67. Duties of factory Inspector relative to apprentices.

Section eo. Factory inspector and assistant. — ^There shall continue to
be a factory inspector and assistant factory inspector, who shall be ap-
pointed by the governor, by and with the advice and consent of the senate.
The term of office of each shall be three years. The term of office of the
successors of the factory inspector and assistant factory inspector in office
when this chapter takes effect shall be abridged so as to expire on the last
day of December preceding the time when each such term would other-
wise expire, and thereafter each such term shall begin on the first day of
January. There shall be paid to the factory inspector an annual salary of
three thousand dollars, and to the assistant factory inspector an annual
salary of two thousand five hundred dollars.

§ 61. Deputies and clerks. — The factory Inspector may appoint from
time to time, not more than fifty persons as deputy factory inspectors, not
more than ten of whom shall be women, and who may be removed by him
at any time. Each deputy inspector shall receive an annual salary of one
thousand two hundred dollars. The factory inspector may designate six
or more of such deputies to inspect the buildings and rooms occupied and
used as bakeries and to enforce the provisions of this chapter relating to
the manufacture of flour or meal food products. One of such deputies
shall have a knowledge of mining, whose duty it shall be, under the direc-
tion of the factory inspector, to inspect mines and quarries and to enforce

•Office of factory inspector was abolished by L. 1901, ch. 9, and the functions thereof
Inxposed upon the commissioner of labor.



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The General Labor Law. IL15

the provisions of this chapter relating thereto. The factory inspector may
appoint one or moi*e of such deputies to act as clerk in his principal office.
[As amended by L. 1809, ch. 192.]

i G2. General powers and duties of factory inspector. — The factory
inspector may divide the state into districts, assign one or more deputy
inspectors to each district, and may, in his discretion, transfer them from
one district to another.

The factory inspector 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 and
prosecute all persons violating the same.

Any lawful municipal ordinance, by-law or regulation relating to fac-
tories or their inspection, in addition to the provisions of this chapter and
not in conflict therewith, shall be observed and enforced by the factory
inspector.

The factory inspector, assistant and each deputy may administer oaths
and take attidavits in matters relating to the enforcement of the provisions
of this chapter.

No person shall interfere wtth, obstruct or hinder, by force or otherwise,
the factory inspector, assistant factory inspector or deputies while in the
performance x)f their duties, or refuse to properly ansT\'er questions asked
by such otficers pertaining to the provisions of this chapter.

All notices, orders and directions of assistants or deputy factory in-
spectors given in accordance with this chapter are subject to the approval
of the factoi^y inspector.

§ ijH. Beports. — The factory inspector shall report annually to the legis-
lature in the month of January. The assistant factory inspector and each
deputy shall report to the factory inspector, from time to time, as he may
require.

§ 64. Badges. — The factory inspector may procure and cause to be used,
badges for himselft his assistant and deputies, while In the performance
of their duties, the cost of which shall be a charge upon the appropriation
made for the use of the department.

§ (j5. Payment of salaries and expenses. — All necessary expenses in-
curred by the factorj^ inspector 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 necessary traveling and other
expenses of the assistant factory insi>ector and deputy factory inspectors,
while enj^aged in the performance of their duties, shall be paid in like
manner upon vouchers approved by the factory inspector and audited by
the comptroller. All such expenses and the salaries of the factory in-
spector, assistant and deputies shall be payable monthly. [As amended by
L. 1890. ch. 192.]

§ 60. Sub-office in New York city. — The factory inspector may establish
and maintain a sub-office In the city of New York, if, in his opinion, the
duties of his office demand it. He may designate one or more of the
deputy factory inspectors to take charge of and manage such office, sub-
ject to his direction. The reasonable and necessary expenses of such office
shall be paid, as are other expenses of the factory inspector.

§ 67. Duties of factory inspector relative to apprentices.— The factory



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11.16 New York State Department op liABOR.

Inspector, his assistant and deputies shall enforce the provisions of the
domestic relations law, relative to indentures of apprentices, and prosecute
employers for failure to comply with the provisions of such Indentures and
of such law in relation thereto.

ARTICLES VI,

Factories.

SectlOB 70. Employment of minors.

71. Certificate for employment, how IiBued.

72. Con ten t« of certificate.

73. School attendance required.

74. Vacation certificates.

75. Report of certificates issued.

76. Registrar of children employed.

77. Hours of labor of minors and women.

78. Change of hours of labor of minors uid women.

79. Enclosure and operation of elerators and holtting shafts; Inspection.

80. Stairs and doors.

8L Protection of employees operating machinery.

82. Fire escapee.

83. Factory inspector may order erection of fire escapes.

84. Walls and ceilings.

85. Size of rooms.

86. Ventilation.

87. Accidents to be reported.

88. Wash-room and water-closets.

89. Time allowed for meals.

90. Inspection of factory buildings.

91. Inspection of boilers in factories.

92. Employment of women and children at pollshirig or buffing.
92. ♦Laundries.

Section 70. Employment of minors. — A child under the age of fourteen
years shall not be employed in any factory In this state. A child between
the ages of fourteen and sixteen years shall not be so employed, unless a
certificate executed by a health officer be filed in the office of the employer.

§ 71. Certificate for employment, how issued. — Such certificate shall be
Issued by the executive officer of the board, department or commissioner
of health of the city, town or village where such child resides, or is to be
employed, or by such oilur officer thereof as may be designated, by resolu-
tion, for that purpose, upon the application of the child desiring such em-
ployment. At the time of making such application, there shall be filed
with such board, department, commissioner or officer, the affidavit of the
parent or guardian of such child, or the person standing In parental rela-
tion thereto, showing the date and place of birth of such child. Such cer-
tificate shall not be issued unless the officer Issuing the same is satisfied
that such child is fourteen years of age or upwards, an^ Is physically able
to perform the work which he intends to do. No fee shall be demanded
or received for administering an oath as required by this section.

§ 72. Contents of certificate. — Such certificate shall state the date and
place of birth of the child, If known, and describe the color of the hair
and eyes, the height and weight and any distinguishing facial marks of
such child, and that, in the opinion of the officer Issuing such certificate,
such child is upwards of fourteen years of age, and Is physically able to
perform the work which he intends to do.



*So In the original.



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The General Labor Law. 11.17

§ 73. School attendance required. — No such oertl'ficate shall be granted
unless it appears to the satisfaction of such board, department, commis-
sioner or officer, that the child applying therefor has regularly attended at
a school In which reading, spelling, writing, arithmetic, English grammar
and geography are taught, or upon equivalent instruction by a competent
teacher elsewhere than at a school, for a period equal to one school year,
during the year previous to his arriving at the age of fourteen years, or
during the year previous to applying for such certificate, and is able to
read and write simple sentences in the EJnglish language.

The principal or chief executive officer of a school, or teacher elsewhere
than at a school, shall furnish, upon demand, to a child who has attended
at such school or been instructed by such teacher, or to the factory in-
spector, his assistant or deputies, a certificate stating the school attendance
of such a child:

§ 74. Vacation oertiflcates. — A child of fourteen years of age, who can
read and write simple sentences In the English language, may be em-
ployed In a factory during the vacation of the public schools of the city or
school district where such child resides, upon complying with all the pro-
visions of the foregoing sections, except that requiring school attendance.
The certificate is-ued to such child shall be designated a " vacation cer-
tificate," and no employer shall employ a child to whom such a certificate
has been Issued, t6 work in a factory at any time other than the time of
the vacation o** the public school in the city or school district where such
factory is situated.

§ 75. Beport of certificates issued. — The board or department of health
or health commissioner 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.

§ 76. Beglstry of children employed. — Eiach person owning or operat-
ing 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 certificates filed In
such office shall be produced for Inspection, upon the demand of the fac-
tory inspector, his assistant or deputies.

§ 77. Hburs of labor of minors and women. — No minor under the age
of eighteen years, and no female shall be employed at labor 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 for more than ten hours In any one day or sixty
hours In any one week, except to make a shorter work day on the last
day of the week; or more hours in any one week than will make an
average of ten hours per day for the who!e number of days so worked.
A printed notice 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 be required to perform any labor In such

2



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11.18 New York State Department of Labor.

factory, except as stated therein. The terms of such notice shall not be
changed after the beginning of labor on the tirst day ol the weeli without
the consent of the factory inspector. [As wniended by L. 16'Ji), ch. Ji)^.]

§ 78. Change of hours of labor of minors and women. — ^^'hen, in order
to make a shorter work day on the last day of the week, a minor under
eighteen yeare of age, or a female is to be required or permitted to work
in a factory more than ten hours in a day, the employer of such persous
shall notify the factory insi>ector, in writing, of such intentions, stating
the number of hours of labor per day, which it is proposed to require or
permit, and the time when It is proposed to cease such requirement or per-
mission; a similar notitication shall be made when such requirement or
permission has actually ceased. A record of the names of the employees
thus required or permitted to work overtime, with the amount of such
overtime and the days upon which such work was performed, shall be
kept in the otfice of such factory, and produced upon the demand of the
factory inspector. [As amended by L, 1809, ch, 192.]

§ 79. Enclosure and operation of elevators and hoisting shafts; in-
spection. — If, in the opinion of the factory inspector, it is necessary to
protect the life or limbs of factory employees, the owner, agent or lessee
of such factory where an elevator, hoisting shafts, or well hole is used,
shall cause, upon written notice from the factory Inspector, the same to
bo properly and substantially enclosed, secured or guarded, and shall pro-
vide 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 sub-
stantial surface w^hen closed and so constructed as to open 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.

No child under the age of fifteen years shall be employed or permitted
to havo 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
elevator therein running at a speed of over two hundred feet a minute.

§ 8(). Stairs and doors. — Proper and substantial hand rails shall be pro-
vided on all stairways in factories. The steps of such stairs/ shall be
covered with rubber, securely fastened thereon, if in tlie opinion of the
factory insi>ector the safety of the employees would be promoted thereby.
Tlie stairs shall be properly screened at the sides and bottom. All doors
leading in or to any such factory shall be so constructed as to open out-
wardly where practicable, and shall not be locked, bolted or fastened dur-
ing working hours.

§ 81. Protection of employees operating machinery. — The owner or
person in charge of a factory where machinery is used, shall provide, In
the discretion of the factory inspector, belt shifters or other mechanical
contrivance*; for the purpose of throw ing on or off belts on pulleys. When-
ever 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



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The General Labou Law. II.ll>

macbinery* vats or pans, while the same are in use, unless for the pur-
pose of immediately making repairs thereto, and all such safegiuirds sa
reuiovcd shall be promptly replaced. Exhaust fans of sutticient ihjwtn^
bliall be provided for the purpose of carrying off dust from emerj' wlieels,
^lind stomas and other machinery creating dust 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 factory inspector, and a notice to that
eft'ect shall be attached thereto. Such notice shall not be removed until
thi- maclyne is made safe and the required safeguards are provided, :iiul
iu the meantime such unsafe or dangerous machinery shall not be used.
\\ hen, in the opinion of the factory inspector, it is necessary, the work-
rooiiis, halls and stairs leading to workrooms shall be properly lighted.
Such lights to be independent of the motive power of such factory. Xo^
male person under eighteen years or woman under twenty-one years of
age 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. [As amended by L.
1S99, ch, 192.]

§ 82. Fire escapes. — Such fire escapes as may be deemed necessary by
the 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 thriee 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 le«s
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 Uss
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 sliall
be of sufficient size and located as far as possible, consistent with accessi-
bility, from the stairways and elevator hatchways or openings, and a lad-
der from such tire 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.

§ S3. Factory inspector may order erection of fire escapes. — Any otlier
plan or style of tire escape shall be sufficient if approved in writing by tiio
factory Inspector. If there is no tire escape, or the tire escape in use is
not approved by the factory inspector, he may, by a written order servrd
upon the owner, proprietor or lessee of any factory, or the agent o.r sup* r-
Intendent thereof, or either of them, require one or mor** tire escapes to 1r*
provided tlierefor, at such locations and of such plan and style as shall be
specitied in such order. Within twenty days after the s<'rvice of such
order, the number of tire escapes re<iuired therein, shall be providcMl. t^adi
of which shall be of the plan and style specitied iu the order, or of tlie
plan and style described in the preceding section.

§ 84. Walls and ceilings.— Tlie walls and ceilings of each work room in



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11.20 New York State Department of Labor.

a factory shall be lime washed or painted when, in the opinion of the
factory inspector, it will be conducive to the health or cleanliness of the
persons working therein.

§ 85. Size of rooms. — No more employees shall be required or permitted
to work in a room in a factory between the hours of six o'clock in the
morning and six o'clock in the evening than will allow to each of such
employees, not less than two hundred and fifty cubic feet of aJr space;
and, unless by a written permit of the factory inspector, not less than
four hundred cubic feet for each employee, so employed betweeu'the hours
of six o'clock in the evening and six o'clock in the morning, provided such
room Is lighted by electricity at all times during such hours, while persons
are employed therein.

% 86. Ventilation. — ^The owner, agent or lessee of a factory shall pro-
vide, in each work-room thereof, proper and sufllcient means of ventila-
tion; In case of failure the factory Inspector shall order such ventilation
to be provided. Such owner, agent or lessee shall provide such ventilation
within twenty days after the service upon him of such order, and in case
of failure, shall forfeit to the people of the state, ten dollars for each day
after the expiration of such twenty days, to be recovered by the factory
Inspector, in his name of office.

§ 87. Accidents to be reported. — ^The person In charge of any factory
shall report In writing to the factory inspector all accidents or injuries
sustained by any person therein, within forty-eight hours after the time
of the accident, stating as fully as possible the extent and cause of the
injury, and the place where the injured person has been sent, with such
other information relative thereto as may be required by the factory
inspector who may investigate the cause of such accident, and require
such precautions to be taken as will, in his Judgment, prevent the recur-
rence of similar accidents.

§ 88. Wash-room and water-closets. — Every factory shall contain a
suitable, convenient and separate water-closet or water-closets for each
sex, which shall be properly screened, ventilated, and kept clean and free
from all obscene writing or marking; and also, a suitable and convenient
wash-room. The water-closets used by women shall have separate ap-
proaches. Inside closets shall be maintained whenever practicable and in
all cases when required by the commissioner of labor. When women or
girls are employed, a dressing-room shall be provided for them, when re-
quired by the commissioner of labor. [As amended hy L. 1901, ch. 806.]

§ 80. Time allowed for meals. — In each factory at least sixty minutes
shall be allowed for the noon-day meal, unless the factory inspector shall
permit a shorter time. Such permit must be in writing and conspicuously
posted in the main entrance of the factory, and may be revoked at any
time. Where employees are required or permitted to work overtime for
more than one hour after six o'clock in the evening, they shall be allowed
at least twenty minutes to obtain a lunch, before beginning to work over-
time.

§ 90. Inspection of factory building^s. — The factory Inspector, or other
competent person designated by him, upon request, shall examine any
factory outside of the cities of New York and Brooklyn, to determine



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The General Labor Law. 11.21

whether it is In a safe condition. If it appears to him to be unsafe, he
shall immediately notify the owner, agent or lessee thereof, specifying the
defects, and require such repairs and improvements to be made as he may
deem necessary. If the owner, agent or lessee shall fail to comply with
such requirement, he shall forfeit to the people of the state the sum of
fifty dollars, to be recovered by the factory inspector In his name of oflSce.

§ 91. Inspection of boilers in factories. — All boilers used for generating
steam or heat for factory purposes shall be kept in good order, and the
owner, agent, manager or lessee of such factory shall have such boilers
Inspected by a competent person approved by the factory inspector, once
in six months, and shall file a certificate showing the results thereof In
such factory ofllce, and a duplicate thereof In the office of the factory
inspector. Each boiler or nest of boilers used for generating steam or
heat for factory purposes shall be provided with a proper safety-valve,
and with steam and water gauges, to show respectively, the pressure of
steam and the height of water In the boilers. Every boiler house In
which a boiler or nest of boilers is placed, shall be provided with a steam
gauge properly j^onnected with the boilers, and another steam gauge shall
be attached to the steam pipe in the engine house, and so placed that the
engineer or fireman can readily ascertain the pressure carried. Nothing
In this section shall apply to boilers in factories which are regularly
inspected by competent inspectors acting under the authority of local laws
or ordinances. [Added hy L, 1399, ch, 192.]

§ 92. Employment of women and children at polishing or buffing. — ^No
male child under the age of eighteen years, nor any female, shall be em-



Online LibraryNew York (State). Bureau of Labor StatisticsAnnual report of the Bureau of Labor Statistics of the State of ..., Volume 19 → online text (page 46 of 60)