Missouri Revised Statutes

Chapter 286
Department of Labor and Industrial Relations

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Definitions.

286.001. As used in this chapter, unless the context clearly states otherwise, the following terms mean:

(1) "Commission", the labor and industrial relations commission;

(2) "Department", the department of labor and industrial relations;

(3) "Director", the director of the department of labor and industrial relations;

(4) "Division", the divisions of employment security, labor standards and workers' compensation; and

(5) "Division heads", the division directors for each of the divisions.

(L. 1995 H.B. 300 & 95, A.L. 2011 H.B. 464)

Creation of department of labor and industrial relations, generalpowers and duties--commission created, compensation--director'sappointment.

286.005. 1. There is hereby created a "Department of Labor and Industrial Relations" to be headed by a labor and industrial relations commission as provided by Section 49, Article IV, Constitution of Missouri. All the powers, duties and functions of the industrial commission are transferred by type I transfer to the labor and industrial relations commission and the industrial commission is abolished. The commission shall nominate and the governor shall appoint, with the advice and consent of the senate, the director of the department to be the chief administrative officer of the department. Members of the industrial commission on May 2, 1974, shall become members of the commission and the terms of the commission members shall be the same as provided by law for the industrial commission. Individuals appointed as members of the industrial commission shall serve the remainder of the term to which they were appointed as members of the commission. The members of the commission shall receive an annual salary of seventy-two thousand seven hundred thirty-five dollars plus any salary adjustment provided pursuant to section 105.005 payable out of the state treasury. The board of rehabilitation is abolished as hereinafter set out and on May 2, 1974, no compensation shall be paid to any person as a member of the board of rehabilitation, other provisions of the law notwithstanding. The director of the department shall appoint other division heads in the department. For the purposes of subsections 6, 7, 8 and 9 of section 1 of the reorganization act of 1974, the director of the department shall be construed as the head of the department of labor and industrial relations.

2. All powers, duties, and functions vested by law in the division of employment security, chapter 288, and others, are transferred by type II transfer to the department.

3. All powers, duties, and functions vested by law in the division of workers' compensation, chapter 287, and others, are transferred by type II transfer to the department.

4. All the powers, duties, and functions of the board of rehabilitation, chapter 287, and others, are transferred by type I transfer to the division of workers' compensation of the department and the board of rehabilitation is abolished.

5. All powers, duties and functions vested by law in the division of industrial inspections and the division of mine inspections, chapters 286, 290, 291, 292, 293, 294 and 444, which were previously transferred by type I transfer to the inspection section of the department, are transferred to the division of labor standards of the department. Employees of the division performing duties related to the mine safety and health act and the occupational safety health act shall be selected in accord with chapter 36.

6. All the powers, duties, and functions vested by law in the state board of mediation under chapter 295, and others, are transferred by type II transfer to the department.

7. All employees of the division of employment security shall be selected in accord with chapter 36.

8. The Missouri commission on human rights, and all the authority, powers, duties, functions, records, personnel, property, matters pending and other pertinent vestiges thereof vested in the Missouri commission on human rights under chapters 213, 296, 314, and others, are transferred by type III transfer to the department. Members of the Missouri commission on human rights shall be nominated by the director for appointment by the governor, by and with the advice and consent of the senate.

(L. 1973 1st Ex. Sess. S.B. 1 § 8, A.L. 1977 H.B. 841, A.L. 1980 H.B. 1266, A.L. 1981 S.B. 389 § 8 Reorg. Act 1974, A.L. 1984 S.B. 528, A.L. 1986 S.B. 426, A.L. 1995 H.B. 300 & 95, A.L. 2011 H.B. 464)

Revisor's note: Salary adjustment index is printed, as required by § 105.005, in Appendix E.

Creation of department of labor and industrial relations--industrialrelations commission of Missouri--members, appointment,qualifications--chairman.

286.010. There is hereby created and established a separate department of the state government to be known as "The Department of Labor and Industrial Relations". Such department shall be under the control, management and supervision of a commission to be known and designated as "The Labor and Industrial Relations Commission of Missouri". Such commission shall consist of three members, each of whom shall have resided in this state for at least five years immediately prior to the person's appointment, to be appointed by the governor, by and with the advice and consent of the senate. One member of the commission shall be a person who, on account of the person's previous vocation, employment, affiliation or interests shall be classified as a representative of employers, and one member who, on account of the person's previous vocation, employment, affiliation or interests shall be classified as a representative of employees, and one member, who, by reason of the person's previous activities and interests shall be classified as a representative of the public and who is licensed to practice law in the state of Missouri; provided, however, that not more than two members of the commission shall be of the same political party. A member of the commission shall be designated by the governor as the chairman of the commission. During the member's term of membership on the commission, no member shall engage in any other business, vocation or employment, or serve as an officer or committee member of any political party or organization. Any two commissioners shall constitute a quorum. The governor shall fill any vacancy within sixty days but no vacancy shall impair the right of the remaining commissioners to exercise all powers of the commission.

(L. 1945 p. 1101 § 1. A.L. 1995 H.B. 300 & 95)

Term of office--vacancies--confirmation before the senate--failureto receive confirmation, effect--removal of member.

286.020. The term of office of each member of the commission shall be six years except that when first constituted one member shall be appointed for two years, one for four years and one for six years, and thereafter all vacancies shall be filled as they occur. The terms of office of the first members of the commission shall begin on the date of their appointment which shall be within thirty days after the effective date of this chapter. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed by the governor, by and with the advice and consent of the senate, for the remainder of such term. Every commission member appointed to serve, either as a permanent, an acting, a temporary, an interim, or as a legislative recess appointment, shall appear for confirmation before the senate within thirty days after the senate next convenes for regular session. Any member appointed to or serving the labor and industrial relations commission without senate confirmation after said time period shall immediately resign from the commission and shall not be reappointed to the same office or position in accordance with Section 51 of Article IV of the Missouri Constitution. The governor may remove any member of the commission, after notice and hearing, for gross inefficiency, mental or physical incapacity, neglect of duties, malfeasance, misfeasance or nonfeasance in office, incompetence or for any offense involving moral turpitude or oppression in office.

(L. 1945 p. 1101 § 2, A.L. 1995 H.B. 300 & 95, A.L. 2005 S.B. 1 & 130)

Commission to appoint a secretary--qualifications--duties--salary.

286.040. The commission shall appoint a secretary who shall serve at the pleasure of the commission. The secretary shall be a citizen and a qualified voter of this state and shall have had at least five years' experience in business or public administration or office management. The secretary shall keep full and true records of all proceedings of the commission and copies of all rules, regulations, decisions and orders made by the commission and he shall be responsible to it for the safe custody and preservation of such records and documents. Under the direction of the commission, the secretary shall have general charge of its office, superintend its clerical business, coordinate the work of the various divisions of the department, and perform such other duties as the commission may prescribe. The secretary shall receive a salary in an amount to be fixed by the commission.

(L. 1945 p. 1101 § 4, A.L. 1947 V. II p. 278, A.L. 1957 p. 571, A.L. 1963 p. 408, A.L. 1980 H.B. 1266, A.L. 1995 H.B. 300 & 95)

Oath of office.

286.050. Each member of the commission, the secretary and each head of a division within the department, before entering upon the person's duties shall take and subscribe to an oath or affirmation to support the Constitution of the United States and of this state and to faithfully discharge the duties of the person's office.

(L. 1945 p. 1101 § 5, A.L. 1995 H.B. 300 & 95)

Labor and industrial relations commission, powers and duties--rules.

286.060. 1. It shall be the duty of the labor and industrial relations commission, and it shall have power, jurisdiction and authority:

(1) To sue and be sued in its official name;

(2) To have and use an official seal bearing the following inscription: "The Labor and Industrial Relations Commission of the State of Missouri", which shall be judicially noticed;

(3) To have all powers, duties and responsibilities conferred or imposed upon it by the workers' compensation law (chapter 287) and by the unemployment compensation law (chapter 288);

(4) To approve or disapprove all rules or regulations promulgated by any division within the department. Such rules or regulations shall not become effective until ten days after their approval by the commission and copies thereof have been filed in the office of the secretary of state;

(5) To establish and maintain as far as practicable a central system of collecting, preparing, compiling and reporting all material for statistical use in all divisions of the department of labor and industrial relations, and to this end the department shall have access to the books and records of all state departments, except those which are required by law to be kept confidential. The commission may by regulation permit employers or other persons to file combined reports of information required by law to be reported to the several divisions within the department whenever it finds that same or similar information is required by law to be reported by such employers or persons to more than one division within the department;

(6) To maintain, as far as practicable, a central system for payroll and other accounting for the several divisions in the department;

(7) To compile and publish, in printed form, the laws under which the commission and the various divisions in the department operate, together with all rules and regulations (except such rules and regulations which relate to the internal management of the department) which have been adopted by or with the approval of the commission, and to furnish copies thereof to any citizen of the state upon request;

(8) To adopt all regulations necessary to the efficient internal management of the department, not inconsistent with any provisions of law, and such regulations shall become effective immediately upon adoption, unless the commission shall otherwise order; to adopt regulations governing its proceedings in connection with the exercise of its quasi-judicial functions, and such regulations shall become effective ten days after copies thereof are filed in the office of the secretary of state;

(9) The commission or any member thereof may hold hearings, require the attendance of witnesses, administer oaths and take testimony;

(10) Each of the commissioners shall have power to certify to official acts;

(11) To prepare and submit to each regular session of the general assembly and to the governor at the beginning of each session of the general assembly, a complete and detailed report of the activities of the department, including the activities of each division within the department, during the preceding biennial period. Such report shall include a balance sheet of the moneys in the various administrative funds under its jurisdiction as well as all information required to be reported by the various laws under its jurisdiction, which reports shall be in lieu of any report to the general assembly now required by law for any department or office, the powers and duties of which are by this chapter vested in a division in the department of labor and industrial relations;

(12) To require the division of employment security to furnish it with a stenographer or clerk to file, process and keep records of all cases appealed from that division to the labor and industrial relations commission; and*

(13) To have and perform such other powers and duties as may be conferred or imposed upon it by law.

2. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(L. 1945 p. 1101 § 6, A.L. 1947 V. II p. 278, A.L. 1980 H.B. 1396, A.L. 1995 S.B. 3 and A.L. 1995 H.B. 300 & 95, A.L. 2011 H.B. 315)

*Word "and" does not appear in original rolls.

CROSS REFERENCE:

Additional duties, director of division of workers' compensation, 286.121

Workers' compensation claims to be reviewed only by administrative law judges, commission or appellate courts, 287.801

Cost of administering each law, how paid.

286.070. The board of public buildings shall provide suitable offices for the commission. All costs, except the salaries of the commissioners, the secretary of the commission, clerks, stenographers, statisticians and attorneys, as may be reasonably required in the performance of the commission's duties, including cost of furniture, equipment, materials, supplies, repairs, additions, travel, operations, salaries, printing, shall be paid out of the general revenue, and the general assembly shall make adequate appropriations for all such expenses. The commission shall employ and fix the compensation of such clerks, stenographers, statisticians and attorneys as may be reasonably required in the performance of the commission's duties. Said compensation shall be funded by the divisions of employment security, labor standards and workers' compensation according to the workload received by the commission from said divisions, and assigned to said personnel.

(L. 1945 p. 1101 § 7, A.L. 1947 V. II p. 278, A.L. 1995 H.B. 300 & 95)

CROSS REFERENCE:

Legal advisors to commission to serve as special consultants to the board of trustees for the Missouri state employees' retirement system, 104.332

Record of every hearing to be kept.

286.080. A full and complete record of every hearing held by the commission or by any of the divisions within the department shall be kept. All testimony at any such hearing shall be recorded, but need not be transcribed unless needed in connection with further appeals.

(L. 1945 p. 1101 § 8)

Written statement of findings in appealed cases.

286.090. In every appeal coming before the commission from any of the divisions of the department, the commission shall prepare and file a written statement giving the commission's findings of fact and conclusions of law on the matters in issue in such appeal together with the reasons for the commission's decision in the appeal; except that a decision of a division of the department meeting the requirements of this section may be affirmed or adopted without such written statement.

(L. 1945 p. 1101 § 9, A.L. 1967 p. 381, A.L. 1995 H.B. 300 & 95)

Central offices in Jefferson City.

286.100. The commission and each of the divisions in the department shall keep their central offices in Jefferson City. The board of public buildings, or such agency as may exercise the powers and duties now performed by such board, shall, as far as practicable and as soon as possible, furnish centralized office space and quarters for the department and each of its divisions.

(L. 1945 p. 1101 § 11, A.L. 1995 H.B. 300 & 95)

Divisions of department created.

286.110. There is hereby created within the department the following divisions:

(1) The division of workers' compensation;

(2) The division of employment security; and

(3) The division of labor standards.

(L. 1945 p. 1101 § 12, A.L. 1947 V. II p. 278, A. 1949 S.B. 1102, A.L. 1995 H.B. 300 & 95)

Division of workers' compensation supervised by director, termof office, powers, bond.

286.120. Subject to the supervision of the director of the department of labor and industrial relations, the division of workers' compensation shall be supervised and controlled by a division director who shall be appointed by and report to the director of the department of labor and industrial relations. The division director shall have all of the powers now vested by law in administrative law judges by the provisions of the workers' compensation law. Under the supervision of the director of the department of labor and industrial relations, the division director shall exercise such powers, duties and responsibilities as deemed necessary and as prescribed by the director of the department of labor and industrial relations in connection with the administration of the workers' compensation law (chapter 287), and the victims of crime law (chapter 595). Before entering upon the division director's duties, the director of the division of workers' compensation shall give a bond to the state of Missouri in the sum of twenty-five thousand dollars, conditioned that said division director will faithfully account for all moneys and property that may come into the division director's hands by virtue of the division director's office, and if a surety bond is given, the premium therefor shall be paid by the state from the workers' compensation fund.

(L. 1945 p. 1101 § 12, A.L. 1947 V. II p. 278, A. 1949 S.B. 1102, A.L. 1953 p. 528, A.L. 1957 p. 559, A.L. 1961 p. 423, A.L. 1980 H.B. 1266, H.B. 1396, A.L. 1995 H.B. 300 & 95)

CROSS REFERENCE:

Workers' compensation, Chap. 287

Director of department to compile certain statistics--industrialcommission administering agency for occupational safety and healthact.

286.121. 1. The director shall compile or supervise the compilation of all statistics and information relating to occupational injuries and illnesses required by and for the use of the United States Department of Labor in implementing the provisions of the Occupational Safety and Health Act of 1970. The director shall also compile or supervise the compilation of all statistics required of the division by the United States Atomic Energy Commission.

2. The labor and industrial relations commission of the Missouri department of labor and industrial relations, having been designated by the governor as the agency responsible for administering the provisions of the Occupational Safety and Health Act of 1970, is charged with the express duty and responsibility to take all possible steps necessary in order to comply with the terms, provisions and requirements of said act insofar as it is applicable to Missouri.

(L. 1971 S.B. 362 § 1, A.L. 1980 H.B. 1266, H.B. 1396, A.L. 1981 S.B. 389, A.L. 1995 H.B. 300 & 95)

Division of employment security supervised by director--powers andduties.

286.130. Subject to the supervision of the director of the department of labor and industrial relations, the division of employment security is under the control, management and supervision of a director who shall be appointed by the governor as otherwise provided by law. The division director shall perform all duties and have all the powers and responsibilities conferred and imposed upon him by the Missouri employment security law.

(L. 1945 p. 1101 § 12, A.L. 1947 V. II p. 278, A. 1949 S.B. 1102, A.L. 1957 p. 557, A.L. 1995 H.B. 300 & 95)

CROSS REFERENCE:

Employment security, Chap. 288

Director, appointment, powers, duties--investigation of fatalaccidents--reports.

286.147. The division of labor standards shall be supervised by a division director who shall be appointed by and report to the director of the department of labor and industrial relations. The division director shall exercise such powers, duties and responsibilities as deemed necessary and as prescribed by the director of the department of labor and industrial relations in connection with the administration of the provisions of chapters 286, 290, 291, 292, 293, 294 and 444 that pertain to the division of labor standards. The division director shall make an investigation of all accidents, occurring in occupations under the statutory jurisdiction of the division, which result in death and file a written report in the office of the division of labor standards and in the office of the department director and make safety recommendations to the employer where the accident occurred.

(L. 1967 p. 382, A.L. 1995 H.B. 300 & 95)

Administrative fund created--purpose--disbursement--fund shall notlapse to general revenue, when.

286.300. There is hereby created within the department of labor and industrial relations a "Department of Labor and Industrial Relations Administrative Fund" which shall be administered by the director of the department of labor and industrial relations. Moneys in the fund shall only be expended by the department of labor and industrial relations to administer the laws under the jurisdiction of the department and to provide goods and services which relate to the administration of these laws. The fund shall consist of revenues derived from privileges, conveniences, contracts, goods or services provided by the department of labor and industrial relations or any of the department's agencies to any governmental entity, public or private entities; moneys received as gifts, grants, bequests or contributions from private, federal, county or municipal entities; or other moneys which are transferred or paid to the department of labor and industrial relations or any of the department's agencies. The state treasurer shall be the custodian of the fund and shall provide disbursement from the fund at the request of the director of the department of labor and industrial relations for the reimbursement of goods and services necessary for the administration of the laws within the jurisdiction of the department of labor and industrial relations. Quarterly transfers from departmental funds and general revenue, if appropriate, shall be made on the first day of each quarter of the state fiscal year, except that funding for one-time, extraordinary or nonoperating expenses may be transferred in the first quarter in its entire annual amount. The provisions of section 33.080 to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the fiscal year exceeds one and one quarter times the appropriations from the fund for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the fund for the preceding fiscal year. Interest accruing to the fund shall be part of the fund. The director of the department of labor and industrial relations shall include a reporting of all receipts and expenditures from the fund in the department's annual budget.

(L. 1999 S.B. 234)

Effective 7-1-99


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