Chapter 291Industrial Inspection
291.010. Before the director of the inspection section shall enter upon the duties of his office, he shall give a good and sufficient bond to the state of Missouri in the penal sum of twenty thousand dollars, to be approved by the attorney general as to form, and by the governor as to sufficiency, conditioned upon the faithful performance of the duties of his office, and that he will render an honest and accurate accounting of all funds which may come into his hands through the performance of his official duties, and said director shall be held liable on his official bond for any defalcations of any of his deputies, agents, assistants or other employees.
Location of offices--assistant directors--powers and duties.
(RSMo 1939 § 10143, A.L. 1945 p. 1097 § 10141)
Prior revision: 1929 § 13169
*The Reorganization Act of 1974 transferred all the powers, duties and functions of the division of industrial inspection to the inspection section, by type I transfer, which was therein created, and provides that all employees of this section are to be employed pursuant to the provisions of the merit system law, Chap. 36.
Section of industrial inspection of department of labor and industrial relations created, 286.110
291.020. The principal office of the section shall be kept and maintained in Jefferson City, Missouri. In addition to the principal office in Jefferson City there shall be kept and maintained one branch office in the city of St. Louis, Missouri, and one branch office in Kansas City, Missouri, located in such quarters as may be designated by the director with the approval of the secretary of the labor and industrial relations commission of Missouri. Each of such branch offices shall be in charge of an assistant director of the inspection section and each such assistant director shall be empowered to do and perform in the name of the director any act which the director himself might perform, subject however to the supervision and approval of said director of the inspection section.
Employees to be retained and employed under merit system law.
(RSMo 1939 § 10144, A.L. 1945 p. 1097 § 10142)
Prior revision: 1929 § 13170
291.030. 1. Subject to the provisions of the merit system law, chapter 36, the director of the department of labor and industrial relations shall employ and prescribe the duties and powers of such persons as may be required and may make expenditures within the appropriation therefor as may be necessary to carry out the purposes of the law.
2. Any person employed by the inspection section more than six months prior to August 13, 1972, shall be admitted to the qualifying examination covering the position held by him and may be retained at the discretion of the director provided that he attains a passing grade in such examination. Any employee appointed within six months prior to August 13, 1972, and any employee appointed from and after August 13, 1972, shall be appointed subject to the merit system law.
Salaries and compensation of subordinate officials.
(RSMo 1939 § 10147, A.L. 1945 p. 1097, A.L. 1957 p. 569, A.L. 1965 p. 440, A.L. 1967 p. 382, A.L. 1972 H.B. 1260)
Prior revision: 1929 § 13173
291.040. The salaries and compensation of the subordinate officials and employees provided for in section 291.030, shall be paid in like manner and from the same source as the salary of the director of the inspection section, upon vouchers approved by the director. The salaries and compensation shall be as follows: Assistant director of the inspection section, not exceeding six thousand six hundred dollars per annum each; chief clerk, not exceeding six thousand six hundred dollars per annum; administrative secretary, not exceeding four thousand eight hundred dollars per annum; three special safety inspectors, not to exceed five thousand four hundred dollars per annum each; inspectors, not to exceed five thousand four hundred dollars per annum; secretary, not exceeding four thousand two hundred dollars per annum; and stenographer, not to exceed four thousand two hundred dollars per annum, except that the two stenographers who act as office managers in the two branches shall receive a salary not to exceed four thousand five hundred dollars per annum; statistician, not to exceed six thousand six hundred dollars per annum. Such compensation shall be paid the janitor as is fixed by the director, not to exceed the sum of two hundred dollars per month for the time employed.
Traveling expenses to be paid.
(RSMo 1939 § 10148, A.L. 1945 p. 1097, A.L. 1953 p. 524, A.L. 1957 p. 569, A.L. 1965 p. 440, A.L. 1967 p. 382, A.L. 1973 S.B. 253)
Prior revision: 1929 § 13174
291.050. The director of the inspection section, his deputies, inspectors and other assistants and appointees shall be entitled to their actual traveling expenses when traveling within the state of Missouri on necessary business of the inspection section, which said expenses shall be paid on itemized accounts, approved by the director as other sectional expenses are approved and paid.
Power and duties of director and deputies.
(RSMo 1939 § 10145)
Prior revision: 1929 § 13171
291.060. 1. The director of the inspection section may divide the state into districts, assign one or more deputy inspectors to each district, and may, at his discretion, change or transfer them from one district to another.
2. It shall be the duty of the director, his assistants or deputy inspectors, to make not less than two inspections during each year of all factories, warehouses, office buildings, freight depots, machine shops, garages, laundries, tenement workshops, bakeshops, restaurants, bowling alleys, pool halls, theaters, concert halls, moving picture houses, or places of public amusement, and all other manufacturing, mechanical and mercantile establishments and workshops. The last inspection shall be completed on or before the first day of October of each year, and the director shall enforce all laws relating to the inspection of the establishments enumerated heretofore in this section, and prosecute all persons for violating the same. Any municipal ordinance relating to said establishments or their inspection shall be enforced by the director.
3. The director, his assistants and deputy inspectors, may administer oaths and take affidavits in matters concerning the enforcement of the various inspection laws relating to these establishments; provided, that the provisions of this section shall not apply to mercantile establishments that employ less than ten persons that are located in towns and cities that have three thousand inhabitants or less.
Rules and regulations, how made, when effective--commission to holdhearings, exceptions.
(RSMo 1939 § 10179)
Prior revisions: 1929 § 13218; 1919 § 6782; 1909 § 7824
Child labor laws, director to enforce, 294.090
County superintendent of welfare, may act as deputy factory inspector, 205.920
Mattresses, laws regulating manufacture and sale, department of social services to enforce, Chap. 421
291.065. The director may adopt, amend or rescind rules and regulations necessary to implement any of the provisions of this law; provided, however, that no such rule or regulation shall be adopted except after a public hearing before the labor and industrial relations commission to be held after thirty days prior notice by public advertisement of the date, time and place of the hearing and opportunity given to the public to be heard. Thereafter, subject to the provisions of chapter 536, such rules and regulations are to become effective ten days after their approval by the commission, and after copies thereof have been filed in the office of the secretary of state. The adoption, amending or rescinding of rules and regulations relating to the internal management of the section shall not require prior approval of the labor and industrial relations commission, nor public hearing to become effective.
(L. 1972 H.B. 1260)
291.070. The inspection section shall collect, assort and systematize statistical details and information relating to the commercial, industrial, social, educational and sanitary conditions of the laboring classes of the state and to the permanent prosperity of the productive industries of the state.
Information gathered--blanks furnished.
(RSMo 1939 § 10153, A. 1949 S.B. 1106)
Prior revisions: 1929 § 13179; 1919 § 6738; 1909 § 7784
291.080. The director of the inspection section is hereby directed to collect any information he may deem necessary to carry out the objects of the department as set forth in section 291.070, and is hereby authorized to furnish suitable blanks to managers of public service corporations, county, city and township officers, and to the officers of prisons, penal and reformatory institutions, and it shall be the duty of all such managers and officers to furnish such information as the director may require and which may be in their possession with the least possible delay.
Annual report to governor.
(RSMo 1939 § 10158)
Prior revisions: 1929 § 13184; 1919 § 6745; 1909 § 7791
291.120. The labor and industrial relations commission of Missouri, with the assistance of the director of the inspection section of the department of labor and industrial relations shall, on or before the first day of February of each year, present a report in writing to the governor, which shall contain statistical details relating to the operation of the section under sections 196.270 to 196.305, and chapters 290, 292 and 421, including such information as is contemplated by section 291.070.
Inspection fees--refusal of inspection--penalty.
(RSMo 1939 § 10154, A.L. 1945 p. 1097)
Prior revisions: 1929 § 13180; 1919 § 6740; 1909 § 7786
291.130. 1. The owner, superintendent, manager or other person in charge of every establishment inspected as provided by law shall pay to the state director of revenue the following fee for each inspection made in accordance with the provisions of sections 196.270 to 196.305, and chapters 292 and 421, or elsewhere authorized or required of said inspector by law to be made:
(1) For the inspection of every building or shop in which ten or less persons are employed or found at work, no charge shall be made;
(2) For the inspection of every building or shop in which more than ten and not exceeding fifteen persons are employed, the sum of three dollars;
(3) For the inspection of every building or shop in which more than fifteen and less than twenty-five persons are employed, the sum of four dollars;
(4) For the inspection of every building or shop in which more than twenty-five persons and less than fifty persons are employed, the sum of five dollars; and
(5) In every building or shop in which more than fifty persons are employed an additional fee of one dollar shall be charged and collected for every fifty additional persons employed, or any additional fraction thereof, and the fee herein provided for shall be due immediately upon completion of the inspection.
2. The owner, superintendent, manager or other person in charge of any establishment at the time of inspection shall furnish the inspector making the inspection a true statement of the number of persons employed in the establishment at the time of inspection, and any owner, superintendent, manager or other person in charge who fails or refuses to furnish such statement, or understates the number of persons employed in the establishment at the time of inspection, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars for each offense.
3. Any person, firm or corporation, agent or manager, superintendent or foreman of any firm or corporation, whether acting for himself or for the firm or corporation, or by himself or through subagents or foreman, superintendent or manager, who refuses or attempts to prevent the admission of any inspector authorized by this chapter, upon or within the premises or building of any establishments or place which he is required by law to inspect at any reasonable business hour, or during working hours or in any manner interferes with the performance of the official duties of the inspector, or neglects or refuses to pay the inspection fee upon the completion of the inspection, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars for each offense; except, that the owner or manager of any establishment inspected shall not be required to pay for more than two inspections between the first day of October of one year and thirtieth day of September of the next year, unless through noncompliance with the written orders of the inspector, additional inspections are necessary.
Director to investigate serious accidents--recommendations.
(RSMo 1939 § 10180, A.L. 1947 V. I p. 357, A.L. 1965 p. 440)
Prior revisions: 1929 § 13219; 1919 § 6783; 1909 § 7825
291.140. The director of the inspection section shall make an investigation of all accidents serious enough to require physical rehabilitation, under the provisions of the state board of rehabilitation, and make safety recommendations to the employers of the injured employees.
Director to make annual report to governor.
(L. 1965 p. 440 § 1)
291.150. The director shall also make and submit to the governor on or before the last Monday in January in each year, a report containing a full and complete account of the investigations, together with any other suggestions and recommendations he considers to be of value to the people of the state, which shall be laid before the next succeeding general assembly.
(L. 1965 p. 440 § 2)