and, upon conviction thereof, shall be fined not exceeding one hundred nor less than twenty-five dollars, or imprisoned in jail not exceeding ninety days, or both. Nothing in this chapter shall be construed as permitting the commissioner or any employee of said bureau to make use of any information or statistics gathered from any person, company, or corporation for any purposes other than those of this chapter. (1922, p. 607. In force June 18, 1922.) Sec. 1807. Employers to provide seats for female employees; penalty for violation. Chairs, stools, or other suitable seats shall be maintained in all factories, shops, mills, laundries, mercantile and manufacturing establishments, except fruit and vegetable canning factories, for the use of female employees therein to the number of at least one seat for every three females employed, and the use thereof by such employees shall be allowed at such times and to such extent as may be necessary for the preservation of their health. Such seats shall be placed where the work of such females is to be principally performed, whether in front of or behind a counter, table, desk, or other fixture. Any employer of female help in this State who shall neglect or refuse to provide seats as required in this section, or shall make any rules, orders, or regulations in his factory, shop, mill, laundry, store, or other place of business requiring females to remain standing when not necessarily employed in service or labor therein shall be deemed guilty of a misdemeanor, and upon a conviction thereof shall be fined not exceeding twenty-five dollars and costs, at the discretion of the court. In any manufacturing establishment where it is necessary on account of the nature of the work in such establishment for the female employees to stand while working, it shall be deemed a sufficient compliance with this section if suitable rest rooms are provided to which such employees may go at all reasonable times. (1922, p. 607. In force June 18, 1922.) Sec. 1808. See chapters 214 and 414 of Acts 1918, herein, especially the last two lines of the former. Sec. 1809. Children under fourteen years of age not allowed to engage in certain enumerated employments, nor in other employments within designated hours, etc. (Repealed; 1922, p. 855. In force June 18, 1922. But see chap. 489, Part V, herein.) Where a boy under fourteen was hired to work as assistant to the operator of a planer equipped with steel and iron wheels, cogs, knives, etc., to remove boards and shake them loose when clogged, in violation of this section, and he was injured, his employment, in violation of this section with knowledge that he was under the prohibited age was the proximate cause of his injury as a matter of law. Standard Red Cedar Chest Co. v. Monroe, 125 Va. 442, 99 S. E. 589. For act concerning fruit and vegetable canneries, see chapter 390 of Acts 1920, herein. See chapter 204 of Acts 1918, herein. Sec. 1810. What work, etc., forbidden to children under the age of sixteen years; employment certificate. (Repealed; 1922, p. 855. In force June 18, 1922. But see chap. 489, Part V, herein.) See note to preceding section, herein. See chapter 204 of Acts 1918, herein. Sec. 1811. By whom employment certificate must be issued, and what necessary to issue it. (Repealed; 1922, p. 855. In force June 18, 1922. But see chap. 489, Part V, herein.) See note to section 1809, herein. See chapter 204 of Acts 1918, herein. Sec. 1812. Children under fourteen not to be employed in cities as messengers for telegraph, telephone, or messenger companies; children under eighteen not permitted to work during certain hours. (Repealed; 1922, p. 855. In force June 18, 1922. But see chap. 489, Part V, herein.) See note to section 1809, herein. See chapter 204 of Acts 1918, herein. Sec. 1813. Boys under ten and girls under sixteen not allowed to sell newspapers, etc., in street or public place in city. (Repealed; 1922, p. 855. In force June 18, 1922. But see chap. 489, Part V, herein.) See note to section 1809, herein. See chapter 204 of Acts 1918, herein. Sec. 1814. Penalty on employer, parent, or guardian for violation of the five preceding sections. (Repealed; 1922, p. 855. In force June 18, 1922. But see chap. 489, Part V herein.) See note to section 1809, herein. See chapter 204 of Acts 1918, herein. Sec. 1815. What prima facie evidence of guilt. (Repealed; 1922, p. 855. In force June 18, 1922. But see chap. 489, Part V, herein.) See note to section 1809, herein. See chapter 204 of Acts 1918, herein. Sec. 1816. When parent, etc., may have child released from the operation of the seven preceding sections. (Repealed; 1922, p. 855. In force June 18, 1922. But see chap. 489, Part V, herein.), See note to section 1809, herein. Sec. 1817. Protection of discharged employees and of employees voluntarily leaving service of employer. No person or persons, partnership, corporation or association doing business in this State, or any agent or attorney of such person or persons, partnership, corporation or association, after having dis charged any employee from the service of such person or persons, partnership, corporation or association, or after any employee having voluntarily left the service of such person or persons, partnership, corporation or association, shall wilfully and maliciously prevent or attempt to prevent by word or writing, directly or indirectly, such discharged employee or such employee voluntarily leaving from obtaining employment with any other person or persons, partnership, corporation or association. For violation of this section the offender shall be guilty of a misdemeanor, and shall, on conviction thereof, be fined not less than one hundred nor more than five hundred dollars. But this section shall not be construed as prohibiting any person or persons, partnership, corporation or association from giving on application for any other person or corporation, a truthful statement of the reason for such discharge, or a truthful statement concerning the character, industry, and ability of such person voluntarily leaving. (1922, p. 607. In force June 18, 1922.) Sec. 1818. See chapter 389 of Acts 1918, herein. Sec. 1822. Factories, workshops, mercantile establishments, and offices to have certain sanitary arrangements. Every factory in which five or more persons are employed, and every factory, workshop, mercantile or other establishment, or office, in which two or more children, under eighteen years of age, or women, are employed, shall be kept clean and free from effluvia arising from any drain, privy or nuisance, and shall be provided with a sufficient number of water closets, earth closets or privies, and reasonable access shall be afforded thereto; and whenever one or more males and one or more females are employed together, a sufficient number of separate water closets, earth closets or privies, with partitions between to extend from floor to ceiling, shall be provided for the use of each sex, and plainly designated; and all rooms in which toilets for males and females are installed after July first, nineteen hundred and twentytwo, shall have separate entrances for each sex; no person shall be allowed to use a closet or privy which is provided for persons of the other sex. In buildings used exclusively for offices the provisions of this section shall not apply, if separate toilets are within convenient access in the buildings wherein the offices are located. (1922, p. 607. In force June 18, 1922.) Sec. 1830. Safety appliances; powers of commissioner of labor. The owner or person in charge of a factory, shop, manufacturing establishment, where machinery is used, shall provide, in the discretion of the commissioner of labor, belt shifters or other mechanical contrivances for the purpose of throwing on or off belts on pulleys. Whenever practicable, all machinery shall be provided with loose pulleys. All vats, elevators, saws, planers, cogs, gearing, belting, shafting, set screws, shapers, corner machines shall be properly guarded. No person shall remove or make ineffective any safeguard around or attached to machinery, vats, or elevators 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 a machine or any part thereof is in a dangerous condition, or is not properly guarded, notice thereof shall be given to the manager or owner in charge of such operation, and unless such machinery is repaired or made safe within thirty days after such notice, the use thereof may be prohibited by the commissioner of labor and a notice to that effect shall be attached thereto. Such notice shall not be removed until the machine is made safe and the required safeguards are provided, and in the meantime such unsafe or dangerous machinery shall not be used. When in the opinion of the commissioner of labor it is necessary, the work rooms, halls and stairs leading to the work rooms shall be properly lighted; and in cities of the first class, if deemed necessary by the commissioner of labor, a proper light shall be kept burning by the owner or lessee in the public hallways, near the stairs upon the entrance floor and upon the other floors on every workday in the year, from the time when the building is opened for the use in the morning until the time it is closed in the evening, except at times when the influx of natural light shall make artificial light unnecessary. Such lights shall be independent of the motive power of such factory. (1922, p. 607. In force June 18, 1922.) Under this section requiring that "all vats . . . shall be properly guarded," the place and manner of the guarding must be such as will at least reasonably safeguard employees while engaged in their habitual work and in their necessary passing to and from it. E. I. Du Pont De Nemours & Co., v. Brisco 254 Fed. 962. Sec. 1831. Appeal from ruling or order of commission. (Repealed; 1922, p. 607. In force June 18, 1922.) Sec. 1840. The requirement of this section as to the instruction of employees upon unusual and extraordinary dangers is merely declaratory of the common law, and the requirement that an employer should see that an inexperienced employee should work with a man of experience was intended to provide a practical and effective method for giving to inexperienced miners the instructions which at common law it was the duty of the employer to provide. An injury to a miner from falling drawslate, falling some time after a blast, is an accident which any experienced miner would have been bound to anticipate and protect himself against, and is not an unusual or extraordinary danger incident to a miner's work within this section. A jury might reasonably find that a miner, a young man twenty-one years of age, whose previous experience was probably that of a farm laborer, and who had been employed as a miner for about two weeks before he was hurt, was an inesperienced person within the meaning of this section. The manifest purpose of this section is not complied with by merely furnishing inexperienced miners with competent foremen and experienced co-workmen. Clinchfield v. Hawkins, 130 Va. 698, 108 S. E. 704. Sec. 1863. Where the plaintiff as soon as he was apprised of the fact that a dangerous condition had arisen at his place of work, in obedience to a positive rule of the defendant, immediately ceased work, vacated the working place and reported the facts to the mine foreman, who, upon inspection, determined that the situation did not call for the use of props, but loose slate and rock should be taken down, and ordered accordingly, it was held as this section formerly read (Acts 1912, page 427) it did not apply to the case, because the threatened danger was not such as to call for the use of props. Jewell Ridge Coal Corp. v. Keen 123 Va. 514, 96 S. E. 767. Sec. 1864. Formerly found in supplement 1916, page 833. An instruction of the mine foreman to the brakesmen with carbide lights in their caps, on cars operated by machinery hauling in a mine, to ride on the front end of each trip of cars, did not "provide for the carrying of a conspicious light on the front of every trip or train of cars when in motion," as required by this section. Carter v. Bates, 127 Va. 586, 105 S. E. 76, * * * * * The provision of this section that no miner shall continue to work in any working place known by him to be unsafe, etc., would bar recovery by a miner for an injury caused by falling drawslate, if the miner was of sufficient experience to have known or to have been able to ascertain by the exercise of ordinary care that the roof was unsafe. Clinchfield v. Hawkins, 130 Va. 698, 108 S. E. 704. Sec. 1867. While this section provides for the placing of props by miners working in a mine, to the end that the working places be made safe, yet the mining law must be read as a whole, and this provision has no effect upon the right of a miner to recover if he did not know and had not had a reasonable opportunity to understand when and how to render his place of work safe by the use of props. Clinchfield v. Hawkins, 130 Va. 698, 108 S. E. 704. Sec. 1878. Cited but not construed in Clinchfield v. Hawkins, 130 Va. 698, 108 S. E. 704. Sec. 1885. After plaintiff, a miner, had notified his foreman that his place of work was unsafe, and the foreman directed the slate men to take down the loose slate or rock at plaintiff's place of work, the slate men were not fellow servants of the plaintiff. Jewell Ridge Coal Corp. v. Keen, 123 Va. 514, 96 S. E. 767. Sec. 1888. Board of Charities and Corrections continued. (Repealed; 1922, p. 156. In force June 18, 1922.) For article on "Delegation of Power to Boards and Commissions," see 6 Va. Law Reg. (N. S.) 801. Sec. 1889. Removal from board; failure to attend meetings. (Repealed; 1922, p. 156. In force June 18, 1922.) Sec. 1890. Office of board; regular meetings; rules and regulations; compensation of members. (Repealed; 1922, p. 156. In force June 18, 1922.) Sec. 1891. Appointment of secretary; who not eligible. (Repealed; 1922, p. 156. In force June 18, 1922.) Sec. 1892. Assistant secretary; salary. (Repealed; 1922, p. 156. In force June 18, 1922.) Sec. 1893. Oath of members of board, secretary and assistant; bond of secretary and assistant. (Repealed; 1922, p. 156. In force June 18, 1922.) Sec. 1894. Duties of board; public institutions to furnish information and statistics and to allow access of board, etc. (Repealed; 1922, p. 156. In force June 18, 1922.) Sec. 1895. Chief officers of hospitals, jails, etc., to make quarterly reports to board; suggestions of board and its secretary. (Repealed; 1922, p. 156. In force June 18, 1922.) |