act-1937-0-174•Pennsylvania Act 1937-174 — EMPLOYES, PROTECTING HEALTH AND MORALS OF
Pennsylvania Act 1937-174 — EMPLOYES, PROTECTING HEALTH AND MORALS OF
act-1937-0-1741937 Pa. Act 174Law
Act text
EMPLOYES, PROTECTING HEALTH AND MORALS OF
Act of May 18, 1937, P.L. 654, No. 174 Cl. 43
AN ACT
To provide for the safety and to protect the health and morals
of persons while employed; prescribing certain regulations
and restrictions concerning places where persons are
employed, and the equipment, apparatus, materials, devices
and machinery used therein; prescribing certain powers and
duties of the Department of Labor and Industry relative to
the enforcement of this act; and fixing penalties. (Title
amended July 13, 1953, P.L.438, No.97)
Compiler's Note: Section 3 of Reorganization Plan No. 2 of
1975 provided that Act 174 is suspended insofar as it
conflicts with Reorganization Plan No. 2.
Compiler's Note: Section 16(a)(1) of Act 147 of 1971
provided that Act 174 is repealed insofar as it is
inconsistent with Act 147.
Be it enacted, &c., That,
Section 1. Definitions.--The term "establishment" shall mean
any room, building or place within this Commonwealth where
persons are employed or permitted to work for compensation of
any kind to whomever payable, except farms or private dwellings,
and shall include those owned or under the control of the
Commonwealth, and any political subdivision thereof, as well as
school districts.
The term "department" shall mean the Department of Labor and
Industry.
Section 2. General Safety and Health Requirements.--(a) All
establishments shall be so constructed, equipped, arranged,
operated, and conducted as to provide reasonable and adequate
protection for the life, limb, health, safety, and morals of all
persons employed therein.
(b) All belts, pulleys, gears, chains, sprockets, shafting,
and other mechanical power transmission apparatus, stationary
engines, electrical equipment, and apparatus shall be properly
guarded to protect workers from injury.
(c) All cranes, hoists, steam or electric shovels, plant
railroads, and other apparatus or devices used for moving,
lifting, lowering, and transporting material shall be designed,
constructed, equipped, and operated as to eliminate dangerous
conditions.
(d) The point of operation on all saws, planers, jointers or
other power driven woodworking machines and all power presses,
planers, shapers, and other power driven machine tools, and
dangerous parts of any other machines or devices shall be
provided with guards of a type approved by the department.
Laundry machines, extractors, washers, ironers, and other
machines or apparatus shall be provided with guards where,
because of accident hazard, they are required by the department.
(e) All toxic and noxious dusts, fumes, vapors, gases,
fibers, fogs, mists or other atmospheric impurities, created in
connection with any manufacturing process, emitted into or
disseminated throughout areas where persons are employed in such
quantities as, in the opinion of the department, would injure
the health of employes or create other dangerous conditions,
shall be removed at the point of origin, or, where this is
impractical, personal protective devices shall be provided and
worn by persons subjected to such hazards.
(f) All pits, quarries, mines other than coal mines,
trenches, excavations, and similar operations shall be properly
shored, braced, and otherwise guarded, operated, and conducted
as to provide reasonable and adequate protection to workers
employed therein. (Functions transferred, June 3, 1975, Reorg.
Pl. No.2, P.L.628)
(g) All building construction, demolition, and cleaning,
including window cleaning, shall be conducted in a manner as to
avoid accident hazards to workers or the public. Scaffolds,
ladders, material hoists, window cleaning devices, safety belts,
and other equipment used in such operations, shall be designed,
manufactured, constructed, and erected as to be safe for the
purpose intended. All stairs, open-sided floors, platforms, and
runways shall be provided with proper railings and toe-boards.
(h) When employes, due to the nature of employment, are
subject to injury from flying particles, falling objects, sharp
or rough surfaces or materials, hot, corrosive or poisonous
substances, acids or caustics and injurious light rays or
harmful radioactive materials, they shall be provided with and
shall wear goggles, other head and eye protectors, gloves,
leggings, and other personal protective devices. ((h) amended
July 13, 1953, P.L.438, No.97)
(i) All plant, scenic or other railroad operations other
than those common carrier railroads presently subject to the
jurisdiction of the Public Utility Commission shall be
maintained and operated in such a manner as to prevent
unreasonable or unnecessary hazards to workers or the public.
Motive power, rolling stock, and roadbeds shall be designed,
manufactured and maintained so as to be safe for its intended
purpose and provide maximum safety to the public and the
employes involved. ((i) added Oct. 7, 1976, P.L.1107, No.225)
Section 3. Lighting, Heating, Ventilation, and Sanitary
Facilities.--All establishments shall be adequately lighted,
heated, and ventilated. Proper sanitary facilities shall be
provided in sufficient number for the persons employed, and
shall include toilet facilities, washing facilities, dressing
rooms, and wholesome drinking water of approved quality.
(3 repealed in part Oct. 4, 1978, P.L.909, No.173)
Section 4. Fireworks and Explosives Plants.--Establishments
where fireworks or explosives are manufactured or stored shall
be located at a safe distance from other buildings, highways or
railroads for the protection of the public. Such establishments
shall be located, erected, operated, and conducted as to provide
adequate and reasonable protection to persons employed therein.
Section 5. Floor Space.--The floor space of workrooms in any
establishment shall not be so crowded with machinery as to
thereby cause risk to the life or limb of any employe. Proper
clear aisle space shall be maintained where necessary for
employes to walk between machines, equipment or material.
Machinery shall not be placed in any establishment in excess of
the sustaining power of the floors and walls thereof.
Section 6. Removal of Guards.--No person shall remove or
make ineffective any safeguard, safety appliance or device
attached to machinery except for the purpose of immediately
making repairs or adjustments, and any person or persons who
remove or make ineffective any such safeguard, safety appliance
or device for repairs or adjustments shall replace the same
immediately upon the completion of such repairs or adjustments.
Section 7. Prohibited Use of Dangerous Machinery.--If any
machinery, or any part thereof, is in a dangerous condition or
is not properly guarded, the use thereof may be prohibited by
the Secretary of Labor and Industry or his authorized
representative, and a notice to that effect shall be attached
thereto. Such notice shall be removed only by an authorized
representative of the department after 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 8. Air Space for Workroom.--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 air space for each and
every person in every workroom in said establishment where
persons are employed.
Section 9. Canneries and Labor Camps.--All canneries for the
canning or preserving of fruits, vegetables and meats shall be
kept in a clean and sanitary condition, and all labor camps
operated in connection with such canneries and all other labor
camps shall be located, constructed, maintained and operated in
all respects as to provide for the health, safety, and comfort
of occupants of such camps.
(Functions transferred and suspended in part Nov. 30, 1972,
Reorg. Pl. No.1, P.L.1750)
Section 10. Safe Practices.--The department may prepare and
publish for the use of industry recommendations for safe
practices as a guide in the elimination of accidents.
Section 11. Industrial Homework.--Industrial homework shall
be conducted in such manner as to insure the safety and health
of all persons so employed.
Section 12. Rules and Regulations.--The Department of Labor
and Industry shall have the power and its duty shall be to make,
alter, amend, and repeal rules and regulations for carrying into
effect all the provisions of this act, and applying such
provisions to specific conditions.
Section 13. Enforcement; Right of Entry.--The provisions of
this act shall be enforced by the Department of Labor and
Industry. For the purpose of enforcing the provisions of this
act, the Secretary of Labor and Industry, or his duly authorized
representative, shall have the power to enter any room,
building, or place where labor is employed, and to issue the
necessary instructions to the superintendent, manager, or
responsible agent of the employer, to correct violations of this
act or regulations based on this act.
Section 14. Procedure in Prosecution.--Prosecution for
violation of the provisions of this act or the rules and
regulations of the department authorized by this act may be
instituted by any authorized agent of the department.
Section 15. Penalties.--Any person who shall violate any of
the provisions of this act or the rules and regulations of the
department as herein provided for, or who shall hinder or delay
or interfere with any person charged with the enforcement of
this act in the performance of his duty, shall, upon conviction
in a summary proceeding, be sentenced for a first offense to pay
a fine of not less than twenty-five dollars and not more than
one hundred dollars, and in default of the payment of such fine
and costs, shall be imprisoned for a term of not more than
thirty days, and, upon conviction for a second offense, shall be
sentenced to pay a fine of not less than fifty or more than two
hundred dollars, and in default of the payment of such fine and
costs, shall be imprisoned for a term not exceeding sixty days.
Any person guilty of a third offense, under the provisions of
this act, shall be guilty of a misdemeanor, and, upon
conviction, shall be sentenced to pay a fine of not more than
five hundred dollars, or to undergo imprisonment not exceeding
six months, or both, at the discretion of the court. Each
violation shall be deemed to constitute a separate offense.
All fines collected under this act shall be forwarded to the
Department of Labor and Industry who shall transmit the same to
the State Treasury, through the Department of Revenue.
Section 16. Repealer.--(a) The following acts are hereby
repealed:
The act approved the second day of May, one thousand nine
hundred and five, entitled "An act to regulate the employment,
in all kinds of industrial establishments, of women and children
employed at wages or salary, by regulating the age at which
minors can be employed and the mode of certifying the same, and
by fixing the hours of labor for women and minors; to provide
for the safety of all employes in all industrial establishments,
and of men, women and children in schoolhouses, academies,
seminaries, colleges, hotels, hospitals, storehouses, office
buildings, public halls and places of amusement, in which proper
fire-escapes, exits and extinguishers are required; to provide
for the health of all employes, and of men, women and children
in all such establishments, storehouses and buildings, by proper
sanitary appliances; and to provide for the appointment of
inspectors, office clerks and others, who, with the chief
factory inspector, shall constitute the Department of Factory
Inspection; to enforce the same; and providing penalties for
violations of the provisions thereof; fixing the term and
salaries of the chief factory inspector and his appointees," and
all amendments thereto.
(b) All acts and parts of acts inconsistent with this act
are hereby repealed.
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