Any individual, co-partnership, or corporation, or association who shall neglect or refuse to obey any subpoena and give testimony, according to the provisions of this act, or who shall neglect or refuse to answer questions by circular or upon personal application, shall be liable to a penalty of one hundred dollars, to be collected, by order of the commissioner, in an action in which the Commonwealth of Pennsylvania shall be plaintiff, as debts of like amount are collected.

Any person, co-partnership, association, or corporation that shall violate any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine of not more than one hundred dollars, or to undergo imprisonment not exceeding one year, or both, at the discretion of the court; and, in addition thereto, such person, or each of the members of a copartnership association, or each of the directors of the corporation, as the case may be, with guilty knowledge of the fact, may be sentenced to pay a fine of not more than one hundred dollars, or to undergo imprisonment in the jail of the proper county for a period of not exceeding one year, or both, at the discretion of the court.

Section 22. This act shall take effect on the first day of October, one thousand nine hundred fifteen.

Section 23. All acts or parts of acts inconsistent with this act are repealed.

FACTORY ACT OF MAY 2, 1905.
(Pamphlet Laws, page 352. No. 226.)

AN ACT

Section 1. Be it enacted, &c., That the term "establishment," where used for the purpose of this act, shall mean any place within this Commonwealth other than where domestic, coal-mining or farm labor is employed; where men, women or children are engaged, and paid a salary or wages, by any person, firm or corporation, and where such men, women or children are employes, in the general acceptance of the term.

(Section 2 of this act, establishing a 14 year age limit, was superseded by Section 2 of the Child Labor Act of 1915. Sections 3, 7 and 8, regulating the hours of employment of minors and females, and providing for seats for girls and adult women, and separate wash rooms and water closets for males and females, were expressly repealed by Section 21 of the Woman's Act of 1913. Sections 5 and 6 were held to be unconstitutional by Judge Staake in Com. v. Hoopes 15 D. D. 895, and, together with Section 4, were superseded and repealed by the Child Labor Acts of 1909 and 1915.)

Section 9. Not less than one hour shall be allowed for the noonday meal, in any establishment. But the Chief Factory Inspector may, for good cause, reduce the time for the noonday meal in establishments where all the other provisions of this act are observed, which entail duties upon the part of employers.

(A standing order has been issued providing that except where special notification shall be given, hours for noonday meals of all other employes may be the same as those for females. See Woman's Act below.)

Section 10. Every person, firm or corporation employing men, [women or children,] in any establishment, shall post and keep posted in a conspicuous place, in every room where such help is employed, a printed copy of the factory laws, a printed notice stating the number of hours per day for each day of the week required of such persons; and in every room where children under sixteen years of age are employed, a list of their names, with their ages.

(So far as relates to women, this section is superseded and repealed by Section 13 of the Women's Act of 1913; and as to children by Section 21 of the Child Labor Act of 1915. As to men, however, the act is still in force.)

Section 11. The owner or person in charge of an establishment where machinery is used shall provide 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, grindstones, emery-wheels, fly-wheels, and machinery of every description shall be properly guarded. The floor space of no working-room in any establishment shall be so crowded with machinery as thereby to cause risk to the life or limb of an employe; nor shall there be in any establishment machinery in excess of the sustaining power of the floors and walls thereof. No person shall remove or make ineffective any safeguard around or attached to machinery, vats or pans while the same are in use, except for the purpose of immediately making repairs thereto, and all such safe-guards so removed shall be properly replaced. Exhaust fans of sufficient power, or other sufficient devices, shall be provided for the purpose of carrying off poisonous fumes and gases, and dust from emery-wheel, grind-stones 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 Chief Factory Inspector or by his deputy, 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 shall not be used.

Section 12. The owner, agent, lessee, superintendent, or other person having charge or managerial control of any establishment, hotel, hospital, apartment-house or other building, where elevators, hoisting-shafts, lifts or well-holes are used, shall cause the same to be properly and substantially enclosed, secured or guarded; and shall provide such proper traps or automatic doors, so fastened in or at all elevator-ways, except elevators enclosed on all sides, as to form a substantial surface when closed, and so constructed as to open and close by action of the elevator in its passage, either ascending or descending. The cable, gearing or other apparatus of elevators, hoisters, or lifts, shall be kept in a safe condition: Provided, That the provisions of this section shall not apply to cities of the first and second classes.

Section 13. The owner, agent, lessee, or other person having charge or managerial control of any establishment, shall provide or cause to be provided not less than two hundred and fifty cubic feet of airspace for each and every person in every work-room in said establishment, where persons are employed, and shall provide that all workrooms, halls and stairways in said establishment be kept in a clean and sanitary condition and properly lighted.

Section 14. No person, firm or corporation engaged in the manufacture or sale of clothing or other wearing apparel, cigars or cigarettes, shall bargain or contract with any person, firm or corporation for the manufacture, or partial manufacture, of any of said articles or goods where the same are to be made in any kitchen, living-room or bed-room in any tenement-house or dwelling house, except where the persons bargaining or contracting to make or partially make any of the aforesaid articles or goods are resident members of the family, residing in such tenement-house or dwelling-house where the said articles or goods are to be made or partially made, and who have furnished the person, firm or corporation engaged in the manufacture or sale of said articles or goods, and with whom the bargain or contract is to be made, a certificate from the board of health, of the city or town in which such tenement-house or dwelling-house is situated, that the same is free from any infectious or contagious disease; which certificate may be revoked by the board of health whenever the exigencies of the case shall require: Provided, That the term "family" in this section shall include only the parents and their children, or the children of either.

Section 15. No person, firm or corporation engaged in the manufacture or sale of any of the articles or goods enumerated in section fourteen of this act, shall bargain or contract with any person, firm or corporation for the manufacture, or partial manufacture, of any of the said articles or goods in any workshop, not part of a tenement or dwelling-house, unless the said workshop shall have been inspected by the Chief Factory Inspector or by one of his deputies, and who shall have issued a printed permit to the person in charge of such workshop, stating that the same is in a clean and safe and sanitary condition, and fixing the maximum limit to the number of persons who may be employed therein; the permit to be posted and kept posted in a conspicuous place in such workshop: Provided, That this section shall not apply to any workshop wherein the aforesaid articles or goods are manufactured for the general trade, and are to be sold and delivered in or upon the premises, and are not manufactured, or partially manufactured, under a bargain or contract with any person, firm or corportion employed in the manufacture and sale of the article aforesaid.

Section 16. Whenever the sanitary conditions of any workshop. as defined in section fifteen, is dangerous to the health and safety of the employes therein or to the public. the Chief Factory Inspector or his deputy shall cancel the permit aforesaid, and shall order that the workshop be vacated until the provisions of this act shall have been complied with and the workshop restored to proper sanitary condition.

Section 17. All persons, firms and corporations engaged in the manufacture or baking of bread, cakes, crackers, pastry, pretzels or macaroni, for public sale, shall keep their room or rooms for baking, mixing, storing, or sale of flour or other grain products separate and apart from any sleeping-room, water-closet, urinal, defectivedrain or sewer pipe, and shall not permit the harboring of any domestic animal therein. The floors of all baking, mixing, storing and salesrooms shall be kept clean and tightly joined and free from crevices, and the walls and ceilings shall be painted, kalsomined or whitewashed as often as twice in each year, and oftener if, in the opinion of the Chief Factory Inspector or his deputy, the safety of the employes or the public shall require.

Section 18. When the foregoing provisions of section seventeen are complied with, the Chief Factory Inspector or his deputy shall issue to the owner or person in charge of such bake-shop a permit stating that the same is in a clean and sanitary condition; which permit shall be posted and kept posted in the office or salesroom of the bakeshop aforesaid; but when any of the foregoing provisions of section seventeen are not being complied with in any bake-shop, the Chief Factory Inspector or his deputy shall issue to the person in charge, or his representative, a written order to comply with the law aforesaid, within ten days; or he may order the closing of any such bake-shop until the order shall have been complied with, should the safety of the employes or the public, in his opinion, so require.

Section 19. All boilers used for generating steam or heat in any establishment shall be kept in good order, and the owner, agent or lessee of such establishment shall have said boilers inspected by a casualty company in which said boilers are insured, or by any other competent person approved by the Chief Factory Inspector, once in twelve months, and shall file a certificate showing the result thereof, in the office of such establishment and shall send a duplicate thereof to the Department of Factory Inspection. Each boiler or nest of boilers used for generating steam or heat in any establishment 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 connected 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 which are regularly inspected by competent inspectors, acting under local laws and ordinances.

Section 20. It shall be the duty of the owner or superintendent of any establishment to report, in writing, to the Chief Factory Inspector every serious accident or serious injury done to any person in his or her employ, where such accident or serious injury occurred in or about the premises where employed, within twenty-four hours after the accident or injury occurs, stating as fully as possible the cause of such accident or injury; and in all fatal and serious accidents the Chief Factory Inspector or his deputy may subpoena witnesses, administer oaths, and do whatever may be necessary in order to make a thorough and complete investigation of the same: Provided however, That the provisions of this section shall not be constructed as interfering with the duties of coroners, under existing laws.

Section 21. It shall be the duty of the owner, superintendent, assistant or person in charge of any establishment to furnish, from time to time, to the Chief Factory Inspector or his deputy any information required by the provisions of this act, and the Chief Factory Inspector and his deputies shall have authority to inspect any such establishment, at any time, for the purpose of enforcing the provisions of this act.

Section 22. That wherever the law makes it the duty of the owner, lessee, or other person in charge of any building, or room or rooms in any building, to erect and maintain fire-escapes, or appliances for the extinguishment of fire, or for proper and sufficient exits in case of fire or panic, the Chief Factory Inspector or his deputy shall inspect all said buildings, or the room or rooms in said buildings, and notify the owners, lessees, or other persons sons in charge of same, to comply with said law. And all fire escapes, exits and fire extinguishing appliances shall be provided and located by order of the Chief Factory Inspector or his deputy, and shall be subject to the approval of the Chief Factory Inspector or his deputy: Provided, That the provisions of this section shall not apply to cities of the first and second classes.

Section 23. Any person who violates any of the provisions of the foregoing sections of this act, or who suffers any female, minor or a child to be employed in or about his or her establishment, in violation of any of the provisions of the foregoing sections of this act, or who, being authorized to administer oaths, shall violate any of the provisions of sections five and six of this act, shall be deemed guilty of misdemeanor, and, on conviction, shall be punished by a fine of not less than twenty-five dollars and not more than five hundred dollars, or an imprisonment in the county jail for a term not less than ten days nor more than sixty days, for each and every such violation. In all cases the prosecution shall be instituted, in the name of the Commonwealth, by the deputy factory inspector of the district where the offense is alleged to have been committed, and the hearing shall be conducted by the alderman, justice of the peace or other committing magistrate before whom the information is lodged. After full hearing of the parties in interest, the alderman, justice of the peace or other committing magistrate shall, if the evidence warrants it, impose the penalty herein provided, which shall be final to the party against whom the penalty is imposed unless the party upon whom the penalty is imposed shall furnish good and sufficient bail for his or her appearance at the next term of the court of quarter sessions of the county wherein the offense is alleged to have been committed.

(Sections 25-27, inclusive, relate to the conduct of the Factory Inspection Department, since merged in the Department of Labor and Industry. The final section (28) contains the usual repealing clause.)