a year, and the salary of the other members shall be forty-five hundred dollars a year each. The board may appoint a secretary at a salary of not more than three thousand dollars a year, and may remove him. It shall also be allowed such sums as may annually be appropriated by the general court for clerical service, and travelling and other necessary expenses. [Acts, 1911, c. 751, Pt. III, § 2, as last am. by Acts, 1913, c. 48.] 37. Offices. ... (a)... The board shall be provided with an office in the state house or in some other suitable building in the city of Boston, in which its records shall be kept. [Acts, 1911, c. 751, Pt. III, § 2, as last am. by Acts, 1913, c. 48.] (b) . . . There may be established and maintained under the care and direction of the industrial accident board not more than four branch offices in such cities as may be selected by said board, from time to time, after proper investigation, for the purpose of the better adjustment of disputed cases and for the better information of all parties as to their rights under this act. Said board is hereby authorized to provide such offices with useful rooms, furniture and equipment required for the transaction of the business authorized by this act, also to appoint such officers, agents, clerks and assistants as are necessary to discharge in connection with such offices the duties required by this act, under the direction of said industrial accident board. . . . [Acts, 1911, c. 751, Pt. V, as am. by Acts, 1914, c. 708, § 15.] 38. Duties and powers. - The board may make rules not inconsistent with this act for carrying out the provisions of the act. Process and procedure under this act shall be as summary as reasonably may be. The board or any member thereof shall have the power to subpoena witnesses, administer oaths, and to examine such parts of the books and records of the parties to a proceeding as relate to questions in dispute.... [Acts, 1911, c. 751, Pt. III, § 3, as am. by Acts, 1912, c. 571, § 8.] 39. Witness fees. ... The fees for attending as a witness before the industrial accident board shall be one dollar and fifty cents a day, for attending before an arbitration committee fifty cents a day; in both cases five cents a mile for travel out and home.... [Acts, 1911, c. 751, Pt. III, § 3, as am. by Acts, 1912, c. 571, § 8.] 40. Jurisdiction of the superior court. . . . The superior court shall have power to enforce by proper proceedings the provisions of [paragraphs 38 and 39] relating to the attendance and testimony of witnesses and the examination of books and records. [Acts, 1911, c. 751, Pt. III, § 3, as am. by Acts, 1912, c. 571, § 8.] 41. Inspectors. The industrial accident board may appoint and remove not more than six inspectors, subject to the laws relating to the appointment and removal of employees in the classified civil service. They shall be required to pass examinations of a comprehensive and practical character based upon the particular requirements of the kinds of work to be done, shall be graded in such manner as the board may deem expedient, and shall receive such salaries as the board, with the approval of the governor and council, may fix. [Acts, 1913, c. 813, § 9.] 42. Nature of inspections and investigations. The inspection and investigation carried on by the industrial accident board shall be that relating to causes of injuries for which compensation may be claimed. [Acts, 1913, c. 813, § 4.] 43. Medical adviser. -... The industrial accident board may appoint a medical adviser who shall be a duly qualified physician. The board shall prescribe the duties of said medical adviser. His compensation shall be fixed by said board, subject to the approval of the governor and council, and shall not exceed the sum of four thousand dollars a year. [Acts, 1911, c. 751, Pt. V, as am. by Acts, 1914, c. 708, § 15.] 44. Annual report. The industrial accident board... shall make an annual report to the general court; of which report there shall be printed four thousand five hundred copies, fifteen hundred to be bound, and the remainder to be unbound. Of the said copies five hundred bound and five hundred unbound shall be distributed by the secretary of the commonwealth, and the remainder shall be distributed by the board. [Acts, 1914, c. 656.] JOINT BOARD OF THE STATE BOARD OF LABOR AND INDUSTRIES AND INDUSTRIAL ACCIDENT BOARD. Investigations relative to prevention of industrial accidents and occupational PAGE 15 Rules, regulations, and orders for prevention of industrial accidents, and occupa- 15 45. Investigations relative to prevention of industrial accidents and occupational diseases. The state board of labor and industries and the industrial accident board, sitting jointly, shall investigate from time to time employments and places of employment within the commonwealth, and determine what suitable safety devices or other reasonable means or requirements for the prevention of accidents shall be adopted or followed in any or all such employments or places of employment; and also shall determine what suitable devices or other reasonable means or requirements for the prevention of industrial or occupational diseases shall be adopted or followed in any or all such employments or places of employment. . . . [Acts, 1913, c. 813, § 1.] 46. Rules, regulations, and orders for prevention of industrial accidents and occupational diseases.... [The joint board] shall make reasonable rules, regulations and orders for the prevention of accidents and the prevention of industrial or occupational diseases in such employments or places of employment. Such rules, regulations and orders may apply to both employer and employee. [Acts, 1913, c. 813, § 1.] - 47. Public hearings. — (a) Before the adoption of any rule or regulation by the said joint board a hearing shall be given, and not less than ten days before the hearing a notice thereof shall be published in at least three newspapers, of which one shall be published in the city of Boston. Such rules or regulations shall upon adoption be published in like manner, and shall take effect thirty days after such publication, or at such later time as the board may fix. Before the adoption of any order a hearing shall be given thereon, of which a notice of not less than ten days shall be given to the individuals, firms, corporations or associations affected thereby. [Acts, 1913, c. 813, § 2.] (b) All hearings by the joint board shall be open to the public. . . . [Acts, 1913, c. 813, § 7.] 48. Appointment of committees. The joint board may appoint committees, on which employers and employees shall be represented, to investigate and recommend rules and regulations. [Acts, 1913, c. 813, § 3.] 49. Duties. — The joint board shall make such general arrangements between the two boards as will prevent duplication of effort but the inspection and investigation carried on by the state board of labor and industries shall be a regular and systematic inspection and investigation of all places of employment and the conditions of safety and health pertaining thereto, and the inspection and investigation carried on by the industrial accident board shall be that relating to causes of injuries for which compensation may be claimed. [Acts, 1913, c. 813, § 4.] 50. Right of entry to premises. Any member or employee of either board may enter any place of employment for any purpose under this act at any time when the place of employment is being used for business purposes. [Acts, 1913, c. 813, § 5.] 51. Reports to be made by physicians. The joint board may require every physician treating a patient whom he believes to be suffering from any ailment or disease contracted as a result of the nature, circumstances or conditions of the patient's employment to report such information relating thereto as it may require, within such time as it may fix, to the state board of labor and industries, and it may issue a list of such diseases which shall be regularly reported upon by physicians and may add to or change such list at any time. Copies of all such reports and all statistics and data compiled therefrom shall be kept by the state board of labor and industries, and shall be furnished on request to the industrial accident board and the state board of health. [Acts, 1913, c. 813, § 6.] 52. Chairman and secretary. The chairman of the state board of labor and industries and the chairman of the industrial accident board shall act alternately as chairman of the joint board, and the said board may designate one of the employees of either board to act as secretary. [Acts, 1913, c. 813, § 7.] 53. Rules of joint board to prevail. - If any rule or regulation made under authority of Acts, 1911, c. 751, Pt. IV, § 18 conflicts with or differs from a rule or regulation of the joint board [of the state board of labor and industries and the industrial accident board], the rule or regulation of the joint board shall prevail. [Acts, 1913, c. 813, § 10.] 54. Expenditures. There may be expended annually by the joint board in carrying out the provisions of this act such sums as the general court may appropriate. The joint board shall annually submit to the auditor of the commonwealth such statements of estimates to cover its expenses as are required by Acts, 1912, c. 719, § 3. [Acts, 1913, c. 813, § 11.] 55. Definitions. The following terms and phrases, as used in this act [Acts, 1913, c. 813], shall have the following meanings: (a) The term "employment" shall mean and include any trade, occupation or branch of industry, any particular method or process used therein, and the service of any particular employer, but shall not include private domestic service or service. as a farm laborer. (b) The phrase "place of employment" shall mean and include every place whether indoors or out or underground and the premises appurtenant thereto, into, in or upon which any employee goes or remains either temporarily or regularly in the course of his employment. (c) The terms "safe" and "safety", as used in this act, shall be held to relate to such freedom from danger to the life, safety and health of employees as the nature of the employment will reasonably permit. (d) The terms "industrial disease" and "occupational disease" shall mean and include any ailment or disease caused by the nature, circumstances or conditions of the employment. [Acts, 1913, c. 813, § 12.] 56. Penalty. Whoever violates any reasonable rule, regulation, order or requirement made by the joint board under authority hereof, shall be punished by a fine of not more than one hundred dollars for each offence. [Acts, 1913, c. 813, § 13.] 57. Laws repealed. — All acts and parts of acts inconsistent herewith are hereby repealed; but this provision shall not be construed to take away any of the existing powers of the industrial accident board, the [public service commission], the state board of health, the board of boiler rules, the boiler inspection department of the district police, or the building inspection department of the district police, or any power given to the state board of labor and industries by Acts, 1912, c. 726. [Acts, 1913, c. 813, § 14.] DISTRICT POLICE. (See also under Licensed Occupations and Industrial Safety.) PAGE Organization of the department, 17 Inspection department of district police divided into two departments, 18 18 Examination and appointment of inspectors, 18 Age and physical qualifications of applicants for the position of inspector, 18 58. Organization of the department. There shall be a district police force divided into an inspection department, and... The governor shall designate one of the district police to be chief thereof, who shall have his office in Boston and who shall, subject to the approval of the governor, make all needful rules for the government of... [and] for reports to be made by [the district police] and for the performance of their duties. He shall annually, on or before the first of January, report in print to the governor relative to... public buildings. [Acts, 1904, c. 318 and R. L., c. 108, § 2, as am. by Acts, 1912, c. 726, § 5.] 59. Inspection department of district police divided into two departments. -The inspection department of the district police force shall be divided into two departments which shall be designated, respectively, as the building inspection department of the district police and the boiler inspection department of the district police.... [R. L., c. 108, § 1 as am. by Acts, 1913, c. 610, § 1.] 60. Powers and duties. The district police shall have and exercise throughout the commonwealth all the powers of constables, except the service of civil process, and of police officers and watchmen. The governor may at any time command their services in suppressing riots and in preserving the peace; but, except as aforesaid, a member of the inspection department shall not be required to perform any other duties than such as pertain to an inspector of . . . public buildings or to an inspector of steam boilers. [R. L., c. 108, § 7, as am. by Acts, 1912, c. 726, § 5.] 61. Examination and appointment of inspectors. The [civil service] commissioners shall from time to time prepare rules' regulating the selection of persons to fill appointive positions in the government of the commonwealth. . [R. L., c. 19, § 6.] All future vacancies in [the boiler inspection department or the building inspection department] . . . shall be filled by the governor, subject to existing laws governing the appointment of the chief, deputy chiefs and members of the . . . inspection departments of the district police, by appointment to the department in which the vacancy occurs. [Acts, 1913, c. 610, § 1.] 62. Age and physical qualifications of applicants for the position of inspector. Applicants for the position of boiler inspector must be not less than twenty-five and not over forty-five years of age at the time of filing the application. There is no requirement as to height or weight. [Civil Service Rules.] Male applicants for all other positions of inspector of the district police must be not less than twenty-five nor over fifty years of age at the time of filing the application, and must measure not less than five feet seven inches in height and weigh not less than one hundred and thirty-five pounds; provided, however, that the limitation as to age shall not apply to veterans. [Civil Service Rules, see Acts, 1908, c. 375.] 63. Inspectors to be sworn. Each member shall, before entering upon the performance of his duties, be sworn to the faithful performance thereof, and shall give bond to the treasurer and receiver general with sureties approved by the governor, in the sum of three thousand dollars, conditioned faithfully to perform his official duties and to account for all property which may come into his possession as such officer. He may be required by the governor to renew said bond from time to time, and, unless his oath of office is taken and his bond approved and filed within ten days after the date of his appointment, such appointment shall be void. (See also paragraph 65, page 19.) [R. L., c. 108, § 4.] 64. Salaries of certain members of district police. The annual salary of... [inspectors of the district police] shall be graded by length of service as follows: First year, fifteen hundred dollars; second year, fifteen hundred and fifty dollars; third year, sixteen hundred dollars; fourth year, sixteen hundred and fifty dollars; fifth year, seventeen hundred dollars; and thereafter, seventeen hundred and fifty dollars. [Acts, 1913, c. 834.] 1 See latest annual report of the civil service commission. |