LAWS OF VARIOUS STATES RELATING TO LABOR ENACTED SINCE JANUARY 1, 1904. [The Tenth Special Report of this Bureau contains all laws of the various States and Territories and of the United States relating to labor in force January 1, 1904. Later enactments are reproduced in successive issues of the Bulletin from time to time as published.] NEW JERSEY. ACTS OF 1904. CHAPTER 64.-Inspection of factories-Employment of labor-Department of labor. 1. No child under the age of fourteen years shall be employed, allowed or permitted to work in any factory, workshop, mill or place where the manufacture of goods of any kind is carried on; any corporation, firm, individual, parent, parents or custodian of any child who shall violate any of the provisions of this section, shall be liable to a penalty of fifty dollars for each offense. 2. The word custodian as used in this act shall include any person, organization or society having the legal custody of a child. 3. If at the time of the employment of a child, the proofs of age specified in subdivisions I. and II. of this section, are filed with the corporation, firm or person employing the child, such proofs shall be conclusive evidence of the age of child in a suit against such employer for a violation of section one: Provided, however, That correct copies of all papers, certificates, passports and affidavits relating to such employment shall be mailed, postage prepaid, to the department having charge of the enforcement of this act, at Trenton, New Jersey, within twenty-four hours after the same are filed, together with a statement of the legal name of the person, firm or corporation employing such child. I. NATIVE BORN CHILDREN. The parent, parents or custodian shall make and swear to an affidavit before some officer authorized by the law of this State to take affidavits, setting forth the following facts: The name of the child in full; his or her residence, giving street and number; place where and year, month and day when born; name of father; maiden name of mother; church attended, if any; school last attended and time when, if any, and where the church and school are situated; if child was baptized, name and location of church or parish in which such baptism took place; there must accompany such affidavit a transcript of the record of the child's birth; duly attested by an officer having by law the authority to keep records of birth in the State, county, town or city in which the child was born; if no such birth record can be obtained and the child was baptized, then a certified copy of the baptismal record of the church or parish in which such baptism took place, duly certified as a true copy, under the hand of the person having the custody of such church or parish records, shall accompany the affidavit, and the affidavit shall set forth the age of child at time of baptism. II. FOREIGN BORN CHILDREN. An affidavit to be made by the same persons and containing the same statement of facts as in the case of native born children, with an additional statement that the child named in the affidavit is the same mentioned and described in the passport under which the child was admitted to this country; a true copy of said passport must in all cases be attached to the affidavit. III. OTHER CHILDREN. The commissioner shall have power to issue permits of employment to children upon the production of evidence of the child's age satisfactory to him: Provided, That he shall first be satisfied that the child can not obtain a transcript of birth record, a baptismal certificate or passport, as provided in either subdivision I. or II. 4. In any suit brought to recover a penalty for violation of section one of this act, a copy of the baptismal record, certified to be a true copy under the hand of the person having the custody of such records for the church or parish in which such child was baptized, shall be prima facie evidence of the child's age (provided, that in case the age of the child is not set forth in the baptismal record, that there shall be other proof showing the age of the child at the time he or she was baptized). 5. The commissioner, assistant or any inspector is hereby empowered to demand of any parent, parents or custodian, proof of the age of a child satisfactory to the commissioner, and such parent, parents or custodian shall, within five days after such demand is made, furnish to such officer proofs of such child's age; and in event of the failure to procure and furnish such proof of age, such child shall be discharged by his or her employer upon notice in writing signed by the commissioner, and shall not be reemployed until such proof of age shall have been furnished to the commissioner; any person violating the provisions of this section shall be liable to a penalty of fifty dollars for each offense. 6. Any one who shall swear falsely to any affidavit or present any certificate or passport which he or she knows to be false, and any person or persons who shall aid, assist or advise the making of a false affidavit or the obtaining of a false certificate or passpor, shall be liable to a penalty of fifty dollars for each offense. 7. The commissioner, assistant or the inspectors shall have power to demand a certificate of physical fitness from some regular practicing physician in the case of minors under the age of sixteen years, who, in the judgment of such officer, shall be physically unable to do the work in which such minor is employed, and shall have the power to prohibit the employment of such minor until he or she shall produce a certificate of physical fitness; and any manufacturer or employer who shall retain in his employ a minor after such certificate shall be demanded, shall be liable to a penalty of twenty-five dollars. 8. A corporation, firm or person, owning or operating a place coming under the provisions of this act and employing, allowing or permitting minors under the age of sixteen years to work therein, shall keep or cause to be kept in the main office of such place, in the town or city where such place is located, a register in which shall be recorded the names, places of residence and time of employment of all such minors working under certificates, t anscripts, passports or affidavits; such registers and certificates, transcripts and affidavits shall be produced for inspection upon demand of the commissioner, assistant or any of the ins, ectors; truant officers shall have the same right as inspectors to examine such registers and the certificates, transcripts, passports or affidavits, when authorized in writing so to do by the coinmissioner; any corporation, firm or person failing to keep such register or refusing to permit the persons herein authorized to inspect the same or the certificates, transcripts, passports or affidavits, shall be liable to a penalty of fifty dollars for each offense. 9. No minor under the age of sixteen years shall be employed, permitted or allowed to work in places coming under the provisions of this act, more than ten hours in a day or fifty-five hours in a week; any corporation, firm or person permitting or allowing any violation of the provisions of this section, shall be liable to a penalty of fifty dollars for each offense. 10. Affidavits of the age of children made and filed with the manufacturer before this act takes effect, shall have the same force and effect as the proofs required under subdivisions I. and II. of section three, of this act. 11. The openings of all hoistways, hatchways, elevators and well-holes upon every floor of any place coming under the provisions of this act, shall be protected by good and sufficient trapdoors or self-closing hatches and safety catches, or strong guardrails at least three feet high, and shall be kept closed and protected at all times except when in actual use by the occupant of the building having the use and control of the same. 12. All the main doors, both inside and outside of places coming under the provisions of this act, shall open outwardly or be sliding doors, and shall be kept unbolted and unlocked during the hours of employment. 13. The owner or person in charge of any of the places coming under the provisions of this act, where machinery is used, shall provide, in the discretion of the commissioner, belt shifters or other mechanical contrivances for the purpose of throwing on or off belts or pulleys; whenever practicable, all machinery shall be provided with loose pulleys, all vats, pans, saws, planers, cogs, gearing, belting, shafting, set-screws, drums and machinery of every description shall be properly guarded; no person shall remove or make ineffective any safeguard around or attached to such machinery, vats or pans while the same are in use, unless for the purpose of immediately making repairs thereto, and all such safeguards so removed shall be promptly replaced; if BULLETIN OF THE BUREAU OF LABOR. the machinery, or any part thereof, or any vat, pan or vessel containing molten metal or hot liquid is in a dangerous condition or is not properly guarded, the use thereof may be prohibited by the commissioner, and a notice to that effect shall be attached thereto; such notice shall not be removed until the machinery is made safe and the required safeguards are provided; and in the meantime such unsafe or dangerous machinery, vats, pans, or vessels containing molten metal or hot liquid shall not be used; when, in the opinion of the commissioner, it is necessary, the halls leading to work-rooms shall be provided with proper lighting facilities. 14. All corporations, firms or persons conducting a manufacturing business in any of the places coming under the provisions of this act, where emery wheels or emery belts of any description are used, either solid emery, leather, leather covered, felt, canvas, linen, paper, cotton, or wheels, or belts rolled or coated with emery or corundum, or cotton wheels used as buffs, shall provide the same with blowers or similar apparatus, which shall be placed over, beside or under wheels or belts in such a manner as to protect the person or persons using the same from the particles of the dust produced and caused thereby, and to carry away the dust arising from or thrown off by such wheels or belts while in operation, directly to the outside of the building, or to some receptacle placed so as to receive and confine such dust: Provided, That grinding machines upon which water is used at the point of the grinding contact and small emery wheels that are used temporarily for tool grinding in small shops employing not more than three persons at such work, shall be exempt from the provisions of this section if so ordered by the commissioner. 15. It shall be the duty of any person, firm or corporation conducting such manufacturing business, to provide or construct such appliances, apparatus, machinery or other things necessary to carry out the purpose of this act, as set forth above, as follows: Each and every such wheel shall be fitted with a sheet or cast-iron hood or hopper of such form and so applied to such wheel or wheels that the dust or refuse therefrom will fall from such wheels or will be thrown into such hood or hopper by centrifugal force and be carried off by a current of air into a suction pipe attached to some hood or hopper. 16. Each and every such wheel six inches or less in diameter shall be provided with a round suction pipe three inches in diameter; wheels six inches to twentyfour inches in diameter, with round suction pipe five inches in diameter; and all wheels larger in diameter than those stated above shall be provided each with a round suction pipe not less than six inches in diameter; the suction pipe for each wheel so specified must be full size to the main trunk suction pipe, and the main suction pipe to which smaller pipes are attached shall in its diameter and capacity be equal to the combined area of such smaller pipes attached to the same, and the discharge pipe from the exhaust fan connected with such suction pipe or pipes shall be as large or larger than the suction pipe. 17. It shall be the duty of any person, firm or corporation operating any such place to provide the necessary fans or blowers to be connected with such pipe or pipes, as set forth in this act, which shall be run at the rate of speed such as will produce a pressure of air in such suction or discharge pipes sufficient to raise a column of water not less than five inches in a U-shaped tube; all branch pipes must enter the main trunk pipe at an angle of forty-five degrees or less; the main suction or trunk pipe shall be below the emery or buffing wheels and as close to the same as possible, and shall be either upon or beneath the floor on which the machines are placed to which such wheels are attached; all bends, turns or elbows in such pipes inust be made with easy, smooth surfaces, having a radius in the throat of not less than two diameters of the pipe on which they are connected. 18. It shall be the duty of the commissioner to make orders in writing for the carrying into effect the provisions of sections fourteen, fifteen, sixteen and seventeen. 19. Not less than two hundred and fifty cubic feet of air space shall be provided for each employee or operative at work in a room in a place within the meaning of this act between the hours of six o'clock in the morning and six o'clock in the evening, and not less than four hundred cubic feet of air space for each employee so employed between the hours of six o'clock in the evening and six o'clock in the morning: Provided, In all cases where the amount of air space provided does not exceed the amount above fixed, that such room is lighted by electricity during all hours that artificial lights are necessary and persons are employed therein, unless a written permit shall be obtained from the commissioner. 20. The owner, agent or lessee of a place coming under the provisions of this act, or employer, shall provide in each workroom thereof proper and sufficient means of ventilation; in case of failure the commissioner shall order such ventilation to be provided; such owner, agent, lessee or employer shall provide such ventilation within twenty days after the service upon him of such order in writing, and in case of failure shall be liable to a fine of ten dollars for each day after the expiration of the time given by such order to make the change. 21. No minor under sixteen years of age shall be required, allowed or permitted to clean any part of the gearing or machinery in any place coming under the provisions of this act, while the same is in motion, or to work between the fixed or traversing parts of any machinery while it is in motion by the action of steam, water or other mechanical power. 22. Every corporation, firm or person having or keeping in his or its place or manufactory coming under the provisions of this act, any explosive or inflammable compound, shall keep or store such explosive or inflammabie compound in such factory, mill, workshop or place in such way as not to obstruct or render hazardous the egress of employees or operatives in case of fire. 23. Every factory, workshop or mill shall contain sufficient, suitable, convenient and separate water-closets for each sex, which shall be properly screened, ventilated and kept clean; and also a suitable and convenient washroom; the water-closets used by women shall have separate approaches; if women or girls are employed, a dressing room shall be provided for them when ordered by the commissioner. 24. Factories and workshops in which women and children are employed, and where dusty work is carried on, shall be lime-washed or painted at least once in every twelve months. 25. An abstract of this law shall be prepared and furnished upon request by the commissioner to every corporation, firm or person in this State who is affected thereby, and every manufacturer to whom a copy of such abstract is sent or delivered shall post such abstract of this law and keep it posted in plain view in such place that it can be easily read by the employees or operatives in coming in or going out from said factory, workshop or mill. 26. No person shall interfere with, delay, obstruct or hinder by force or otherwise, the commissioner, the assistant commissioner or inspectors, while in the performance of their duties, or refuse to answer in writing or otherwise, questions asked by such officers relating to the matters coming under the provisions of this act; no person shall impersonate an officer of the department or forge his certificate of authority. 27. Any person, firm or corporation engaged in manufacturing which requires from persons in his or its employ, under penalty of forfeiture of a part of the wages earned by them, a notice of intention to leave such employ, shall be liable to the payment of a like forfeiture if he or it discharges without similar notice a person in such employ, unless in case of a general suspension of labor in his or its factory, mill or place where the manufacture of goods of any kind is carried on. 28. All accidents that prevent the injured person or persons from returning to work within two weeks, or which result in death, shall be reported in writing to the department, at Trenton, New Jersey, within twenty-four hours after the expiration of four weeks or after the death of such person injured, as the same may be; such notice shall be sent by mail, postage prepaid. 29. Every corporation, firm or person shall within one month after he, they or it shall begin to occupy a factory, workshop, mill or place where the manufacture of goods of any kind is carried on, notify in writing the department, at Trenton, New Jersey, of such occupancy, giving the legal title of such corporation and name of agent upon whom service of a summons can be made, and in case of a firm, the individual names of the members of the firm or the legal title of the concern so occupying such factory or workshop. 30. For the purpose of carrying into effect the provisions of sections eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, nineteen, twenty-one, twenty-two, twenty-three, twenty-four, twenty-six, twenty-seven and twenty-eight, the commissioner shall be and he is hereby authorized to make such orders in writing for the protection and safety of employees and operatives and the enforcement of this act in places coming under the provisions of this act, as in his judgment shall seem necessary to carry into effect the provisions of such sections; such order shall be in writing, signed by the commissioner, and shall specify what shall be necessary to be done and within what time; any corporation, firm or person violating any of the provisions of sections eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, nineteen, twenty-one, twenty-two, twenty-three, twenty-four, twenty-six, twentyseven and twenty-eight, shall, for each offense, be liable to a penalty of fifty dollars. 31. No room or rooms, apartment or apartments, in any tenement or dwelling house, shall be used for the manufacture of coats, vests, trousers, knee pants, overalls, cloaks, furs, fur trimmings, fur garments, shirts, purses, feathers, artificial flowers or cigars, except by the immediate members of the family living therein; no person, firm or corporation shall hire or employ any person to work in any room or rooms, apartment or apartments, in any tenement or dwelling house, at making, in whole or in part, any coats, vests, trousers, knee pants, overalls, cloaks, furs, artificial flowers or cigars, unless such person, firm or corporation first shall have obtained a written permit from the commissioner; which permit may be revoked by the commissioner at any time that the health of the community or of those employed as aforesaid may, in his judgment, require it, and that such permit shall not be granted until due and satisfactory inspection of the premises affected shall have been made by the said commissioner, assistant, or an inspector; such permit shall be framed and posted in a conspicuous place in the main room of the place to which it relates, shall be duly numbered and shall state the number of persons allowed to be employed therein. 32. Any person, firm or corporation being the owner, lessee or occupant of the place to which the preceding section relates, shall, for the violation of any of the provisions therein, be liable to a penalty of one hundred dollars for each offe.se. 33. This act shall not apply to a private house or private room used for manufacturing purposes by the family dwelling therein. 34. Every factory, workshop, mill or place where the manufacture of goods of any kind is carried on, now or hereafter erected, which is three or more stories in height and in which twenty-five or more operatives or employees shall be at work on or above the third floor, shall be provided with outside iron fire escapes as hereinafter provided; the fire escapes shall be located at such places on the said buildings as may be best suited for the purpose intended or as the commissioner may designate in writing, and shall take in one or more windows on each floor above the first floor; fire escapes may project into the public highway to a distance not greater than four feet beyond the building line. 35. The fire escapes shall consist of outside iron balconies, and stairways at each floor above the first connecting said balconies to the ground, except in the case of the fire escape being over a public highway, when a drop ladder shall connect the lowest balcony to the ground in a manner hereinafter specified; the stairways shall be placed at a slope no steeper than a ratio of one horizontal to one and one-quarter vertical; the balcony on the top floor shall be provided with a goose-neck ladder leading from said balcony to and above the roof. 36. Balconies.-The balconies shall not be less than three feet in width, taking in at each story above the ground floor at least one window of each part of building separated by inside walls in which twenty-five or more operatives or employees shall be at work; they shall be below and not more than one foot below the window sills, and extend in front of and not less than nine inches beyond each window; there shall be a landing not less than twenty-four inches square at the head and foot of each stairway; the stairway opening on each platform shall be of a size sufficient to provide clear headway; the windows or openings upon each balcony shall be of easy access and sufficiently large to permit easy passage through them, and shall be kept unobstructed; where the top of window sill is more than two feet above the floor of building, inside steps shall be provided. 37. Floors of balconies.-The floors of balconies shall be of wrought-iron or steel slats not less than one and a half inches by three-eighths of an inch, placed not more than one and one-quarter inches apart and well secured and riveted to iron battens not less than one and a half inches by three-eighths of an inch, not over two feet apart, and which battens shall rest on and be riveted to frame of balcony; said frame to consist of angle-iron not less than two and one-half inches by two and one-half inches by three-sixteenths of an inch thick, and to extend around the four sides of balcony floor, to rest upon brackets and be secured to same by rivets or bolts and to be riveted at corners; the openings for stairways in all balconies shall not be less than twenty-one inches wide and forty-two inches long, and such openings shall have no covers of any kind; the platforms of balconies shall be constructed and erected to safely sustain in all their parts a safe load of not less than eighty pounds per square foot, utilizing a ratio of four to one between the safe working load and the ultimate strength of all parts. 38. Railings.-The outside top rail shall in no case be less than three feet above the floor of balcony, and shall extend around the entire platform and in all cases shall go through the wall at each end, be worked out to three-quarter inch bolt size, and be properly secured by nuts with washers at least four inches square and threeeighths of an inch thick, and no top rail shall be connected at angles by cast-iron; the top rail of balconies shall be one and three-quarter inches by one-half inch of wrought-iron or one and a half inch angle-iron at least three-sixteenths of an inch thick, or such size and shape as shall be approved by the commissioner; the bottom rails shall in no case be more than eight inches above the floor of balcony and shall |