REMOT ic is i Factory Inspection Law (As Amended 1911) AN ACT Creating a Department of Factory Inspection and providing safety appliances , fire escapes, trap doors, gates, fences and toilet and dressing rooms, regulating the ventilation and sanitary conditions of factories, mills, workshops, bakeries, laundries, stores, hotels, boarding or bunk houses ; defining the word “ per son/’ “ manufacturing establishment ” and the clause “Every person owning or operating any manufacturing es- tablishment,” as used in this act; providing for the appoint- ment of factory inspectors } defining their powers, duties, sal- aries and expenses thereof ; providing for the arbitration of disputes arising under this act; providing for an appropria- tion to pay the salaries and expenses of the Chief Factory Inspector and his deputies and the liability of the owner of the premises for alterations and providing penalties for the violation of any of the provisions of this act, and to give a cause of action for personal injuries or death caused by reason of the violation of any of the provisions of this act. Be it Enacted by the General Assembly of the State of Colorado: Chief Factory Inspector and Deputies, appropriation for — Section 1. That there is hereby established a separate and distinct department to be known as the Department of Factory Inspection of the State of Colo- rado, which department shall be charged with the inspection of all fac- tories, mills, workshops, bakeries, laundries, stores, hotels, boarding or bunk houses, or any kind of an establishment wherein laborers are em- ployed or machinery used, for the purpose of protecting said employees or guests against damages arising from imperfect or dangerous machinery, or hazardous and unhealthy occupation and regulating sanitary conditions under which guests are protected or laborers are employed by providing individual towels in place of roller towels in hotel wash-rooms, and nine- foot top sheets for beds, which sheets shall be provided not later than September 1, 1911. The Deputy Labor Commissioner of the State of Colorado shall be the Chief Factory Inspector under this act; the said Chief Inspector within five days after the passage of this act, shall recommend, and the Secretary of State shall appoint, four deputy factory inspectors, one of whom shall • ' f S6792 be a woman, and each of said deputy factory inspectors shall receive a salary of twelve hundred dollars ($1200.00) per annum with necessary traveling expenses, but said expenses shall in no case exceed the sum of six hundred dollars ($600.00) per annum for each deputy factory in- spector. Provided, that the Deputy Labor Commissioner, being Chief Fac- tory Inspector, shall recommend and the Secretary of State appoint, a clerk with an annual salary of twelve hundred dollars ($1200.00) per annum, and be it provided, that a stenographer shall be recommended by the Deputy Labor Commissioner and the Chief Factory Inspector and appointed by the Secretary of State with an annual salary of twelve hun- dred dollars ($1200.00) per annum; the said appointees shall receive their said salaries upon vouchers issued by the Chief Factory Inspector and paid in the same manner as other State Officers of the State of Colorado are paid; and be it further provided, That a fund not to exceed five hun- dred dollars ($500.00) per annum shall be appropriated in this bill for the purpose of paying for printing, stationery, postage and buying such necessary equipment as are necessary in the office of the Chief Factory Inspector; and to provide for any expenses through arbitration as pro- vided in section seven of this act. Safety Appliances — Section 2. That any person, firm, corporation or association operating a factory, mill, workshop, bakery, laundry, store, hotel or any kind of an establishment wherein laborers are employed, or machinery used shall provide and maintain in use belt shifters or other mechanical contrivance for the purpose of throwing on or off belts or pulleys while running, where the same are practicable with due regard to the nature and purpose of said belts and the dangers to employees therefrom; also reasonable safeguards for all vats, pans, trimmers, cut- offs, gang edger and other saws, planers, cogs, gearings, beltings, shaft- ings, couplings, set screws, line rollers, conveyors, manglers in laundries, and machinery of other or similar description, which it is practicable to guard, and which can be effectively guarded with due regard to the ordi- nary use of such machinery and appliances, and the dangers to employes therefrom, and with which the employes of any such factory, mill, or workshop are liable to come in contact while in the performance of their duties; and if any machinery, or any part thereof, is in a defective con- dition, and its operation would be extra hazardous because of such defect, or if any machinery is not safeguarded as provided in this act, the use thereof is prohibited, and a notice to that effect shall be attached thereto by the employer immediately upon receiving notice of such defect or lack of safeguard, and such notice shall not be removed until said defect has been remedied or the machine safeguarded as herein provided. Ventilation — Section 3. That any person, firm, corporation or asso- ciation operating a factory, mill, workshop, bakery, laundry, store, hotel, or any kind of an establishment wherein laborers are employed, or ma- chinery used and manual labor is exercised by the way of trade for the purpose of gain within an enclosed room (private houses in which the em- ployes live excepted) shall be provided in each workroom thereof with good sufficient ventilation and kept in a clean and sanitary state, and shall be so ventilated as to render harmless, so far as practicable, all gases, vapors, dust or other impurities, generated in the course of the manufacturing or laboring process carried on therein; and if any factory, mill, workshop, 4 bakery, laundry, store, hotel, or any kind of an establishment wherein laborers are employed or machinery used in any enclosed rooms thereof hy which dust is generated and inhaled to an injurious extent by the persons employed therein, conveyors, receptacles or exhaust fans, or other mechanical means shall be provided and maintained for the purpose of carrying off or receiving and collecting such dust. Elevators — Well Holes — Section 4. The openings of all hoistways, hatchways, elevators and well holes and stairways in factories, mills, workshops, bakeries, laundries, stores, hotels, or any kind of an estab- lishment wherein laborers are employed, or machinery used, shall be protected by good and sufficient trap doors, hatches, fences, gates or other safeguards, and all due diligence shall be used to keep all such means of protection closed, except when it is necessary to have the same opened that the same may be used. Duty of Inspectors — Section 5. It shall be the duty of the Chief Factory Inspector, by himself or his duly appointed deputy, to examine as soon as may be after the passage of this act, and thereafter annually, and trom time to time, all factories, mills, workshops, bakeries, stores, hotels, or any kind of an establishment wherein laborers are employed or machinery used or appliances therein contained to which the pro- visions of this act are applicable, for the purpose of determining whether they do conform to such provisions, and to granting or refusing certificates of approval, as hereinafter provided. Notice of Defects — Complaint of Employees to Inspectors — Section 6. Any employe of any person, firm, corporation or association operating a factory, mill, workshop, bakery, laundry, store, hotel or any kind of an establishment wherein laborers are employed or machinery used shall notify his employer of any defect in, or failure to guard the machinery, appliances, ways, works or plants, on which or in or about which he is working, when any such defect or failure to guard shall come to the knowledge of any said employe, and if such employer shall fail to remedy such defect then said employe may complain in writing to the Chief Factory Inspector of any such alleged defect in or failure to guard the machinery, appliances, ways, works, and plants, or any alleged vio- lation by such • person, firm, corporation or association, of any of the provisions of this Act, in the machinery and appliances and premises used by such person, firm, corporation or association and with or about which said employe is working and upon receiving such complaint it shall be the duty of the Chief Factory Inspector, by himself or his deputy, to forthwith make an inspection of the machinery and appliances complained of. Certificates — Arbitration — Section 7. Whenever upon any examina- tion or re-examination of any factory, mill, workshop, bakery, laundry, store, hotel, or any kind of an establishment wherein laborers are employed, or machinery used to which the provisions of this act are ap- plicable, the property so examined and the machinery and appliances therein conform in the judgment of said Chief Factory Inspector to the requirements of this act, he shall thereupon issue to the owner, lessee or operator of any such storehouse, factory, mill, workshop, bakery, laundry, hotel, or any kind of an establishment wherein laborers are 5 employed or machinery used a certificate to that effect, and such cer- tificate shall be prima facie evidence as long as it continues in force of compliance on part of the person, firm, corporation or association to whom it is issued, with the provisions of this act. Such certificate may be revoked by said Chief Factory Inspector at any time upon written notice to the person, firm, corporation or association holding the same whenevef* in his opinion after re-examination, condition and circum- stances have so changed as to justify the revocation thereof. A copy of said certificate shall be kept posted in a conspicuous place on every floor of all factories, mills, workshops, bakeries, laundries, stores, hotels, or any kind of an establishment wherein laborers are employed or ma- chinery used to which the provisions of this act are applicable. If, in the judgment of the said Chief Factory Inspector, such factory, mill, workshop, bakery, laundry, store, hotel, or any kind of an establish- ment wherein laborers are employed or machinery is used does not conform to the requirements of this act he shall forthwith personally or by mail serve on the person, firm, corporation or association operat- ing or using such machinery or appliances or occupying such premises a written statement of the requirements of said Chief Factory Inspector, before he will issue a certificate as hereinbefore provided for; and upon said requirements being complied with within a period of thirty days after said written statement has been Served as aforesaid the said Chief Factory Inspector shall forthwith issue such certificate; but if the per- son, firm, or corporation operating or using said machinery and appli- ances or occupying such premises shall consider the requirements of said Chief Factory Inspector unreasonable and impracticable or unneces- sarily expensive, he may within ten days after the requirements of said Chief Factory Inspector have been served upon him, appeal therefrom or from any part thereof to three arbitrators to whom shall be submitted the matters and things in dispute, and their findings shall be binding upon said applicant and upon the Chief Factory Inspector. Such appeal shall be in writing, addressed to the Chief Factory Inspector and shall set forth the objections to his requirements, or any part thereof, and shall mention the name of one person who will serve as a representative of said applicant calling for arbitration. Immediately upon the receipt of such notice of appeal, it shall be the duty of the Chief Factory Inspector to appoint a competent person as arbitrator resident in the county from which such appeal comes, and to notify such person so selected, and also the party appealing, stating the cause of the arbitra- tion, and the place, date and time of meeting. These two arbitrators shall select the third within five days and within ten days thereafter, give a hearing on the matters of said appeal, and the findings of those arbitrators by a majority vote shall be reported to the Chief Factory Inspector and to the applicant and shall be binding upon each. The expense of such arbitration shall be borne by the party calling for the arbitration; and if said arbitrators sustain the requirements of said Chief Factory Inspector or any part thereof, said applicant shall within thirty days comply with the findings of said arbitrators, and thereupon said Chief Factory Inspector shall issue a certificate as hereinbefore provided (in section 5 of this act) ; but if said arbitrators shall sustain such appeal or any part thereof, the same shall be binding upon said 6 Chief Factory Inspector and any such person, firm, corporation or associa- tion shall within thirty days after the finding of the board of arbitrators, comply with the requirements of the Chief Factory Inspector, as amended by said arbitrators, if so amended as herein provided for, and there- upon said Chief Factory Inspector shall forthwith issue to any such person, firm, corporation or association, his certificate as provided for in section five of this act: Provided, That in case such arbitrators shall decide against such Chief Factory Inspector, the cost of the arbitration shall be ' paid out of the funds for such purposes. In case the Chief Factory Inspector is sustained in part by the arbitrators, the cost of the arbitration shall be divided equitably, in proportion to that decision, the appellant paying such share as the arbitrators may deem fair, the rest to be paid out of said fund. Fire Exits — Doors — Stairways — Ropes — Section 8. In all factories, mills, workshops, offices, bakeries, laundries, stores, hotels, or any other buildings in which people are employed at manual or other labor, proper and sufficient means of escape in case of fire shall be provided by more than one way of egress, and such means of escape shall at all times be kept free fom any obstruction; in good repair and ready for use; and at night, or where lights are necessary in the day time, a red light shall be provided with the words inscribed thereon “Fire Escape.” All doors lead- ing into or to such factories, workshops, offices, bakeries, mills, laundries, stores, hotels, or other buildings in which people are employed at manual or other labor, shall be so constructed as to open outward when prac- ticable, and shall not be locked, bolted or fastened during working hours as to prevent free egress. Proper and substantial hand rails shall be provided on all stairways and in factories, hotels, mills and workshops $,nd other buildings where people are employed at manual or other labor. And in all factories, laundries, mills, and workshops in which females are employed the stairs regularly used by them shall be propertly screened at the sides and bottom. And be it further provided that hotels, boarding and bunk houses of more than one story shall have a hemp rope in each room of not less than three-quarters (%) inch in thickness, the same to be firmly attached to wall in such manner that it may be thrown out of the window instantly to allow persons in case of fire, etc., to descend to the ground. The rope must have a knot tied in it at spaces of not more than eighteen (18) inches apart; the ropes to be placed in every room above the second floor; provided, that any rope, ladder or device for the protection of guests may be used upon approval by the Chief Factory Inspector. Fire Escapes — Construction — Section 9. In any factory, mill, work- shop, office, bakery, laundry, store, hotel, or other building of three or more stories in height, proper and sufficient means of escape in case of fire are not provided as required by preceding section of this act, the owner or occupant of said building upon notice by the Chief Factory In- spector or any Deputy Factory Inspector employed in the Bureau of Labor Statistics shall construct one or more fire escapes as the same may be found necessary and sufficient. Said fire escape or fire escapes, shall be provided on the outside of such factories, mills, workshops, offices, bak- eries, laundries, stores, hotels, or other buildings, connecting with each floor above the first; well fastened and secured and of sufficient strength. 7 Each of such fire escapes shall have landings or balconies not less than six feet in length and three in width, guarded by iron railings not less than three feet in height and embracing at least two windows at each story, and connecting with the interior by easily accessible and unob- structed openings; and the balconies or landings shall be connected by iron stairs not less than 24 inches wide, and the steps to be not less than eight inches tread, placed at not more than an angle of forty-five degrees slant, and protected by well secured hand rails on both sides, with a twelve-ifich wide drop ladder fom the lower platform reaching to the ground. Any fire escape so constructed shall be sufficient. Any other plan or style of fire escape shall be sufficient if approved by the Chief Factory Inspector, but if not so approved the said Chief Factory In- spector or one of the Deputy Factory Inspectors may notify the owner, proprietor or lessee of such factory, mill, workshop, office, bakery, laundry, store, hotel, or other building in which factory or workshop is conducted, or the agent or the superintendent, or either of them, in writing, that any such style of fire escape is not sufficient and he may issue an order in writing requiring one or more fire escapes as he shall deem necessary and sufficient to be provided for such factory, mill, workshop, office, bakery, laundry, store, hotel or other buildings in which people are em- ployed at manual or other labor at such location and of such plan and style as shall be specified in such written order. Within thirty days after the service of such order the number of fire escapes required in such order for such factory, mill, workshop, office, bakery, laundry, store, hotel, or other building, shall be provided therefor, each of which will be either of the plan and style and in accordance with the specifications in said order required or of the plan and style in this section above described and declared sufficient. The windows and doors of each fire escape shall be located as far as possible consistent with accessibility from the stairways and elevators, hatchways or openings, and the ladder thereof shall extend to the roof. Stationary stairs or ladders shall be provided on the inside of each such factory, mill, workshop, office, bakery, laundry, store, hotel, or other buildings where people are employed at manual or other labor from the upper story to the roof as a means of escape in case of fire. Toilets Provided — Section 10. Every factory, workshop, office, bakery, laundry, store, hotel, or other building in which four or more persons are employed shall be provided within reasonable access with a sufficient number of water closets, earth closets or privies, for the reason- able use of the persons therein; and whenever male or female persons are employed as aforesaid together, water closets, earth closets or privies separate and apart shall be provided for the use of each sex and plainly so designated, and no person shall be allowed to use such closet or privy assigned to the other sex. Such closets shall be properly screened and ventilated and at all times kept in a clean and good sanitary condition. In factories, laundries, mills, and workshops and in all other places where the labor performed by the operator is of such character that it becomes desirable or necessary to change the clothing wholly or in part before leaving the building at the close of the day’s toil, separate dressing rooms shall be provided for women and girls whenever so required by the factory inspector. It shall be the duty of every occupant, whether owner 8 or lessee of any premises so used as to come within the provisions of this act to carry out the same and to make all the changes and additions necessary therefor. In case such changes are made upon the order of the Chief Factory Inspector or of a factory inspector by the lessee of the premises he may at any time within thirty (30) days after the completion thereof bring an action before any justice of the peace, County or District Court, having competent jurisdiction against any person having an in- terest in such premises and may recover such portion of the expense of making such changes and in addition as the Court adjudges should justly and equitably be borne by such defendant. Actions for Damages — Section 11. In all actions brought to recover damages for personal injuries or death caused by reason of the violation of any of the provisions of this act, it shall be sufficient, for the plain- tiff to prove in the first instance, in order to establish the liability of the defendant, that the death or injury complained of resulted in con- sequence of the failure of the person owning or operating the manu- facturing establishment where such death, or injury occurred to provide said establishment with safeguards as required by this act, or that the failure to provide such safeguards directly contributed to such death or injury. Meaning of Establishments — Manufacturing establishments, as fhos% words are used in this act, shall mean and include all smelters, oil re- fineries, cement works, mills of every kind, machine and repair shops, and in addition to the foregoing, any other kind or character of manu- facturing establishment, of any nature or description whatsoever, where- in any natural product or other articles or materials of any kind, in a raw or unfinished or incomplete state or condition, are converted into a new or improved or different form. Whenever the expression occurs in this act in substantially the following words: “Every person owning or operating any manufacturing establishment,” or where language similar to that is used, the word “person” in that connection shall he held and construed to mean .any person or persons, partnership, corporation, receiver, trust, trustee, or any other person or combination of persons, either natural or artificial, by whatever name he or they may be called. Powers of Inspectors — Section 12. The Chief Factory Inspector or any employe of the department of factory inspection sliall have power to enter any factory, mill, workshop, office, bakery, laundry, store, hotel, or any public or private works where labor is employed or machinery used. Any person, persons, firm, co-partnership, corporation, trust, trus- tee, their agent, or agents, who shall refuse to allow an inspector or employee of the said department to enter or who shall violate any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction shall be punished by a fine of not less than fifty ($50) dollars nor more than one hundred ($100) dollars or be imprisoned in the county jail not to exceed ninety (90) days for each and every offense. Repealing Clause — Section 13. All acts and parts of acts in con- flict with the provisions of this act are hereby repealed. 9 Section 14. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved June 5th, 1911.