Missouri Revised Statutes

Chapter 292
Health and Safety of Employees

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Notification of occupancy of factory.

292.010. Within one month after the occupancy of any factory, workshop or mill, the occupant shall notify the director in writing, of such occupancy.

(RSMo 1939 § 10199)

Prior revisions: 1929 § 13239; 1919 § 6804; 1909 § 7845

Equipment to be guarded.

292.020. The belting, shafting, machines, machinery, gearing and drums in all manufacturing, mechanical and other establishments in this state, when so placed as to be dangerous to persons employed therein or thereabout while engaged in their ordinary duties, shall be safely and securely guarded when possible; if not possible, then notice of its danger shall be conspicuously posted in such establishments. Whenever the director of the inspection section, or his assistant, or deputy, finds that guards have not been installed or notice of danger posted, as required by the provisions of this section, he shall at once, in writing, order the owner or owners, or the person or persons in charge of the machinery, plant, establishment, or place, to make the alterations, additions, or repairs necessary within ten days; and if the said alterations, additions or repairs be not made within ten days from the date of such order, then such failure to make such alterations shall be deemed a violation of sections 292.010 to 292.250, and in addition to the penalties herein prescribed for such violations, the director or his assistant or deputy, shall be and is hereby empowered to, and he shall seal said defective appliance or appliances in such a manner as to render the same inoperative until said order of the director has been complied with.

(RSMo 1939 § 10182)

Prior revisions: 1929 § 13222; 1919 § 6786; 1909 § 7828

Safety guards.

292.030. All power-driven circular saws must be provided with safety guards which raise and lower automatically for various thicknesses of material, and must also be provided with a kickback dog to prevent the board binding on the saw and flying back. Said appliances shall be subject to the approval of the director of the inspection section, his assistants or deputies.

(RSMo 1939 § 10183)

Prior revisions: 1929 § 13223; 1919 § 6787

Minor not to clean or work in certain places about machinery.

292.040. No minor shall be required to clean any part of the mill, gearing or machinery while it is in motion in such establishment, nor shall any minor under the age of sixteen years be required to work between the fixed and traversing or the traversing parts of any machine while it is in motion by the action of steam, water, electricity or other mechanical power.

(RSMo 1939 § 10184, A.L. 2007 S.B. 613 Revision)

Prior revisions: 1929 § 13224; 1919 § 6788; 1909 § 7829

Openings to be guarded.

292.050. The openings of all hatchways, elevators and wellholes upon every floor of every manufacturing, mechanical or mercantile or public building in this state shall be protected by good and sufficient trapdoors or self-closing hatches or safety catches, or strong guard rails at least three feet high, and all due diligence shall be used to keep such trapdoors closed at all times, except when in actual use by the occupant of the building having the use and control of the same. Whenever the director of the inspection section, or one of his assistants or deputies, finds any violations of the foregoing requirement to guard hatchways, elevators and wellholes, he shall at once, in writing, notify the owner or owners thereof, or the person or persons in charge of said appliance or appliances, to make the necessary alterations, additions or repairs within ten days; and if said alterations, additions or repairs are not made within ten days from the date of such notice, the director or his assistant or deputy, shall seal such appliance or appliances in such a manner as to render the same inoperative until there has been compliance with the order of the director.

(RSMo 1939 § 10185)

Prior revisions: 1929 § 13225; 1919 § 6789; 1909 § 7830

Fire escapes.

292.060. All manufacturing, mechanical, mercantile or other establishments in this state, of two or more stories in height, in which twenty or more persons are employed above the first floor thereof, shall be provided with at least one or more outside iron fire escapes. For every twenty persons employed on every floor above the second floor of such establishment, there shall be one rope or portable fire escape, and each story shall be amply supplied with means of extinguishing fire.

(RSMo 1939 § 10186)

Prior revisions: 1929 § 13226; 1919 § 6790; 1909 § 7831

CROSS REFERENCE:

Fire escapes on buildings generally, Chap. 320

Doors to open outward, not to be bolted, when.

292.070. In all such establishments the main doors, both inside and outside, shall open outwardly, when the director, in writing, so directs; and no outside or inside door of any building wherein labor is employed shall be so locked, bolted or otherwise fastened during the hours of labor as to prevent egress.

(RSMo 1939 § 10187)

Prior revisions: 1929 § 13227; 1919 § 6791; 1909 § 7832

CROSS REFERENCE:

Doors to certain buildings to open outwardly, 320.070

Explosives not to be placed near egress.

292.080. No explosive or inflammable compound shall be used in any establishment in this state where labor is employed, in such place or manner as to obstruct or render hazardous the egress of operatives in case of fire.

(RSMo 1939 § 10189)

Prior revisions: 1929 § 13229; 1919 § 6793; 1909 § 7834

Scaffolding--warning to those near building.

292.090. All scaffolds or structures used in or for the erection, repairing or taking down of any kind of building shall be well and safely supported, and of sufficient width, and so secured as to insure the safety of persons working thereon, or passing under or about the same, against the falling therein, or the falling of such materials or articles as may be used, placed or deposited thereon. All persons engaged in the erection, repairing or taking down of any kind of building shall exercise due caution and care so as to prevent injury or accident to those at work or nearby.

(RSMo 1939 § 10198)

Prior revisions: 1929 § 13238; 1919 § 6802; 1909 § 7843

Ventilation.

292.110. All manufacturing, mechanical, mercantile and other establishments in this state shall be so ventilated as to render harmless all impurities, as near as may be.

(RSMo 1939 § 10192)

Prior revisions: 1929 § 13232; 1919 § 6796; 1909 § 7837

Prevention of dust, smoke and gas.

292.120. Every person, firm or corporation using any polishing wheel or machine of any character which generates dust, smoke or poisonous gases in its operation, shall provide each and every such wheel or machine with a hood, which shall be connected with a blower or suction fan of sufficient power to carry off said dust, smoke and gases and prevent its inhalation by those employed about said wheel or machine; and any violation of this section is hereby declared to be a misdemeanor, and a person, firm or corporation so violating this section shall, upon conviction, be punished by a fine of not less than one hundred dollars nor more than five hundred dollars for each and every offense. It shall be the duty of the director of the inspection section and his assistants and deputies to see that this section is enforced and to prosecute any violations thereof.

(RSMo 1939 § 10194)

Prior revisions: 1929 § 13234; 1919 § 6798; 1909 § 7839

Director may order fan installed.

292.130. In all establishments in this state wherein labor is employed, where any process is carried on by which dust or smoke is generated, the director of the inspection section and his assistants and deputies shall have the power and the authority to order that a fan or some other contrivance be put in to prevent the inhalation of such dust or smoke by employees.

(RSMo 1939 § 10195)

Prior revisions: 1929 § 13235; 1919 § 6799; 1909 § 7840

Overcrowding in factories prohibited.

292.140. Where, in the opinion of the director, any establishment wherein labor is employed is so overcrowded with employees as to endanger health or safety, the director of the inspection section, when supported in his opinion by the opinion of some reputable physician, shall be authorized and empowered to prohibit such overcrowding.

(RSMo 1939 § 10196)

Prior revisions: 1929 § 13236; 1919 § 6800; 1909 § 7841

Washrooms for women.

292.150. In every factory, workshop or other establishment in this state where girls or women are employed, where unclean work of any kind has to be performed, suitable places shall be provided for such girls or women to wash and dress.

(RSMo 1939 § 10190, A.L. 2007 S.B. 613 Revision)

Prior revisions: 1929 § 13230; 1919 § 6794; 1909 § 7835

Separate water closets.

292.160. Separate water closets shall be provided for the use of employees of either sex in manufacturing, mechanical, mercantile and other establishments in this state where persons of both sexes are employed.

(RSMo 1939 § 10191)

Prior revisions: 1929 § 13231; 1919 § 6795; 1909 § 7836

Health and safety of employees to be protected--director may sealmachinery, when.

292.180. Whenever the director of the inspection section or one of his assistants or deputies, finds that the heating, lighting, ventilation or sanitary arrangements of any establishment where labor is employed is such as to be dangerous to the health or safety of employees therein or thereat, or the means of egress, in case of fire or other disaster, are not sufficient, or that the building, or any part thereof, is unsafe, or that the belting, shafting, gearing, elevators, drums or other machinery are located so as to be dangerous to employees, and not sufficiently guarded, or that the vats, pans, ladles or structures filled with molten or hot liquid, or any furnace, be not sufficiently surrounded with proper safeguards, or the platforms, passageways and other arrangements around, in or about any railroad yard or switch be such as to probably lead to injury or accident to those employed in, around, or about any such establishment or place, shall at once, in writing, order the owner or owners, or the person or persons in charge of such establishment or place to make the alterations or additions necessary within ten days; and if such alterations or additions be not made within ten days from the date of such order, then such failure to make such alterations shall be deemed a violation of sections 292.010 to 292.250, and in addition to the penalties herein prescribed for such violations, the director, or his assistant or deputy, shall be and is hereby empowered to, and he shall seal said defective appliance or appliances in such manner as to render the same inoperative until said order of the inspector has been complied with.

(RSMo 1939 § 10197)

Prior revisions: 1929 § 13237; 1919 § 6801; 1909 § 7842

CROSS REFERENCES:

Food handling establishments, sanitation requirements, 196.190 to 196.271

Inspection of mines and safety of miners, powers and duties of mine inspectors, Chap. 293

Public service commission, powers and duties in relation to health and safety of employees and public, 386.310

All accidents to be reported.

292.190. All accidents in manufacturing, mechanical, mercantile or other establishments or places within this state where labor is employed which prevent the injured person or persons from returning to work within four days after the injury, or which result in death, shall be reported by the person in charge of such establishment or place to the director of the inspection section or to one of the assistant or deputy inspectors provided for by law, and also to the city or county physician, when there be such an officer, which notice may be given by mail.

(RSMo 1939 § 10181)

Prior revisions: 1929 § 13221; 1919 § 6785; 1909 § 7827

Offenses.

292.200. It shall be unlawful and deemed a violation of sections 292.010 to 292.250 for any person to break, remove, alter or otherwise render ineffective, or to aid or abet or cause the same to be done, any guards installed, or the seal of any inspector affixed in accordance with the provisions of sections 292.010 to 292.250.

(RSMo 1939 § 10200)

Prior revisions: 1929 § 13240; 1919 § 6805

Violation a misdemeanor--fines.

292.210. Any person or persons, firm or corporation, being the owner, agent, lessee or occupant of any manufacturing, mechanical, mercantile, or other establishment, business or calling in this state to which sections 292.010 to 292.250 apply, or any employee therein or thereat, who shall violate, or aid or abet in violating, any of the provisions of sections 292.010 to 292.250, shall be deemed guilty of a misdemeanor, and, upon conviction in any court of competent jurisdiction in this state, be fined for the first offense not less than twenty-five dollars nor more than two hundred dollars, and for each subsequent offense, not less than one hundred dollars nor more than five hundred dollars, and, in default of payment of such fine and costs, shall be committed to the common jail of the county or city in which the offense was committed until such fine and costs are fully paid.

(RSMo 1939 § 10201)

Prior revisions: 1929 § 13241; 1919 § 6806; 1909 § 7846

Proceedings against whom when violated by corporation.

292.220. When any of the provisions of sections 292.010 to 292.250 are violated by a corporation, proceedings may be had against any of the officers or agents of such corporation who in any way participated in such violation by the corporation of which they are the officers or agents, and, upon conviction, such officers or agents shall be subject to the same penalty as in case of individuals so offending.

(RSMo 1939 § 10202)

Prior revisions: 1929 § 13242; 1919 § 6807; 1909 § 7847

Prosecution where violation of other laws.

292.230. In case of an offense which is a violation of sections 292.010 to 292.250 and of some other law of this state, then the director or assistant director may elect under which law he will prosecute; but where an offense is in violation of some other law of this state in relation to the protection of employees, but is not covered by sections 292.010 to 292.250, then it shall be the duty of the director or assistant director to prosecute for all such offenses under the law violated.

(RSMo 1939 § 10206)

Prior revisions: 1929 § 13246; 1919 § 6811; 1909 § 7851

Fines, where paid.

292.240. All fines collected for violation of sections 292.010 to 292.250 shall be paid into the common school fund of the county in which the offense was committed.

(RSMo 1939 § 10203)

Prior revisions: 1929 § 13243; 1919 § 6808; 1909 § 7848

Duty of prosecuting attorney.

292.250. It is hereby made the express duty of the prosecuting attorney of each county or city in this state to lend all possible aid in all prosecutions for violation of the provisions of sections 292.010 to 292.250.

(RSMo 1939 § 10204)

Prior revisions: 1929 § 13244; 1919 § 6809; 1909 § 7849

Inspection--duty and power of director of inspection section.

292.280. The director of the inspection section is hereby required to at least twice a year thoroughly inspect each foundry in this state wherein four or more men are employed, and the said director shall have the power and authority by order to require the provision of section 292.260 to be carried out.

(RSMo 1939 § 10209)

Prior revisions: 1929 § 13250; 1919 § 6815

Penalty.

292.290. Any corporation, company or person failing to comply with an order made by the director of the inspection section to provide the facilities enumerated in section 292.260 shall be deemed guilty of a misdemeanor.

(RSMo 1939 § 10210)

Prior revisions: 1929 § 13251; 1919 § 6816

Employer to provide protection to employees from diseases.

292.300. That every employer of labor in this state engaged in carrying on any work, trade or process which may produce any illness or disease peculiar to the work or process carried on, or which subjects the employee to the danger of illness or disease incident to such work, trade or process, to which employees are exposed, shall for the protection of all employees engaged in such work, trade or process, adopt and provide approved and effective devices, means or methods for the prevention of such industrial or occupational diseases as are incident to such work, trade or process.

(RSMo 1939 § 10211)

Prior revisions: 1929 § 13252; 1919 § 6817

Articles considered dangerous to health.

292.310. The carrying on of any process, or manufacture, or labor in this state in which antimony, arsenic, brass, copper, lead, mercury, phosphorus, zinc, their alloys or salts or any poisonous chemicals, minerals, acids, fumes, vapors, gases, or other substances, are generated or used, employed or handled by the employees in harmful quantities, or under harmful conditions, or come in contact with in a harmful way, are hereby declared to be especially dangerous to the health of the employees.

(RSMo 1939 § 10212)

Prior revisions: 1929 § 13253; 1919 § 6818

Employees to be furnished with clothing--respirators to be usedwhile at work.

292.320. Every employer in this state to which sections 292.300 to 292.440 apply shall provide for and place at the disposal of the employees so engaged, and shall maintain in good condition without cost to the employees, working clothes to be kept and used exclusively by such employees while at work and all employees therein shall be required at all times while they are at work to use and wear such clothing; and in all processes of manufacture or labor referred to in this section which are productive of noxious or poisonous dusts, adequate and approved respirators shall be furnished and maintained by the employer in good condition and without cost to the employees, and such employees shall use such respirators at all times while engaged in any work productive of noxious or poisonous dusts.

(RSMo 1939 § 10213)

Prior revisions: 1929 § 13254; 1919 § 6819

Employees to be examined monthly by physician.

292.330. Every employer engaged in carrying on any process or manufacture referred to in section 292.310 shall, as often as once every calendar month, cause all employees who come into direct contact with the poisonous agencies or injurious processes referred to in section 292.310, to be examined by a competent licensed and reputable physician for the purpose of ascertaining if there exists in any employee any industrial or occupational disease or illness or any disease or illness due or incident to the character of the work in which the employee is engaged.

(RSMo 1939 § 10214)

Prior revisions: 1929 § 13255; 1919 § 6820

Physician to make report to department of health and seniorservices--penalty for failure.

292.340. It is hereby made the duty of any licensed physician who shall make a physical examination of any employee under the provisions of section 292.330, to make within twenty-four hours a triplicate report thereof to the department of health and senior services of the state of Missouri upon blanks to be furnished by said department upon request, and if any such disease or illness is found, the physician shall so report, and if any such disease is found, the report shall state the name and address and business of such employer and the nature of the disease in precise and definite terms of all the diseases or illness with which the employee is afflicted and the probable extent and duration thereof, the name and business of employer, and the last place and length of employment; provided, that the failure of any such physician to receive blanks from the department of health and senior services for making such a report shall not excuse the physician from making the report as herein required. Any physician who shall fail to make a report as required by this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars, and in each case shall stand committed until such fine and costs are paid unless otherwise discharged by due process of law.

(RSMo 1939 § 10215)

Prior revisions: 1929 § 13256; 1919 § 6821

Duty of director of department of health and senior services.

292.350. The director of the department of health and senior services shall, immediately upon receipt of any report from any physician in accordance with the provisions of section 292.340, transmit a copy thereof to the director of the inspection section, and a copy to the superintendent of the factory in which the employee is supposed to have contracted his ailment.

(RSMo 1939 § 10216)

Prior revisions: 1929 § 13257; 1919 § 6822

Employer to provide dressing rooms, lavatories.

292.360. Every employer engaged in carrying on any process or manufacture or labor referred to in section 292.310, shall provide, separate and apart from the workshop in which such employees are engaged, a dressing room and lavatory for the use of such employees who are exposed to poisonous or injurious dusts, fumes and gases, and such lavatory shall be kept and maintained in a hygienic and sanitary manner and provided with a sufficient number of basins or spigots with adequate washing facilities, including hot and cold water, clean individual towels and soap, and sufficient shower baths, and the dressing room shall be furnished with compartment lockers, so that the ordinary street clothes of such employees shall be kept separate and apart from their working clothes. Male and female employees shall be provided for separately.

(RSMo 1939 § 10217)

Prior revisions: 1929 § 13258; 1919 § 6823

Drinking fountains, ice water, to be provided employees.

292.370. No employee shall take or be allowed to take any food or drink of any kind into any room or apartment in which any process or manufacture or labor referred to in section 292.310 is carried on, or in which poisonous substances or injurious or noxious fumes, dusts or gases are present as the result of such work or process being carried on in such room or apartment, and the employees shall not remain in any such room or apartment during the time allowed for meals, and suitable provision shall be made and maintained by the employer for enabling the employees to take their meals elsewhere in such place of employment, and a sufficient number of sanitary drinking fountains containing wholesome drinking water, and providing ice for same, shall be provided and maintained for the use of the employees within reasonable access and without cost to them.

(RSMo 1939 § 10218)

Prior revisions: 1929 § 13259; 1919 § 6824

Workrooms to be kept in sanitary condition.

292.380. All employers engaged in carrying on any process or manufacture or labor referred to in section 292.310, shall provide and maintain adequate devices for carrying off all poisonous or injurious fumes from any furnaces which may be employed in any such process or manufacture or labor, and shall also provide and maintain adequate and efficient facilities for carrying off all injurious dust, and the floors in any room or apartment where such work or process is carried on shall be kept and maintained in a smooth and hard condition, and no sweeping shall be permitted during working hours except where the floor in such workshop is dampened so as to prevent the raising of dust; and all ore, slag, dross and fume shall be kept in some room or apartment separate from the workrooms occupied by the employees, and all mixing and weighing of such ore, slag, dross or fume shall be done in such separate room or apartment, and all such material shall be dampened or covered before being handled or transported by employees.

(RSMo 1939 § 10219)

Prior revisions: 1929 § 13260; 1919 § 6825

Prevention of dust.

292.390. When any flues or other apparatus are used in any such process or manufacture or labor referred to in section 292.310, and when such flues or other apparatus are being cleaned or emptied, the employer shall in every case provide and maintain a sufficient, adequate and efficient means or device, such as canvas bags or other approved device, or by dampening the dust, or some other efficient method for catching and collecting the dust and preventing it from unreasonably fouling or polluting the air in which the employees are obliged to work, and, wherever practicable, the dust occasioned in any process or manufacture referred to in section 292.310, and in any polishing or finishing therein, shall be dampened or wet down or covered, and every reasonable precaution shall be adopted by the employer to prevent the unnecessary creation or raising of dust, and all floors shall be washed or scrubbed at least once every working day; and such parts of the work or process as are especially dangerous to the employees, on account of poisonous fumes, dusts and gases, shall, where practicable, be carried on in separate rooms and under cover of some suitable and efficient device to remove the danger to the health of such employees as far as may be reasonably consistent with the manufacturing process, and the fixtures and tools employed in any such process or manufacture or labor, shall be thoroughly washed and cleaned at reasonable intervals.

(RSMo 1939 § 10220)

Prior revisions: 1929 § 13261; 1919 § 6826

Hoppers, chutes, to be provided with covering.

292.400. All hoppers or chutes or similar devices used in the course of any process or manufacture referred to in section 292.310 shall be provided with a hood or covering, and an adequate and efficient apparatus or other proper device for the purpose of drawing away from the employees, noxious, poisonous or injurious dusts, and preventing the employees from coming into unnecessary contact therewith; and all conveyances or receptacles used for the transportation about or the storage in any place where any such process or manufacture or labor referred to in section 292.310 is carried on, shall be properly covered or dampened in such a way as to protect the health of the employees, and no refuse of a dangerous character incident to the work or process carried on in any such place shall be allowed to remain accumulated on the floors thereof.

(RSMo 1939 § 10221)

Prior revisions: 1929 § 13262; 1919 § 6827

Duty of director of inspection section.

292.410. It shall be the duty of the director of the inspection section to enforce the provisions of sections 292.300 to 292.440 and to prosecute all violations of the same before any associate circuit judge or any court of competent jurisdiction in this state, and for that purpose the director of the inspection section and his assistants are empowered to and shall visit and inspect, at least once a year, and at reasonable hours, and as often as practicable, all places of employment covered by the provisions of sections 292.300 to 292.440.

(RSMo 1939 § 10222)

Prior revisions: 1929 § 13263; 1919 § 6828

Notices to be posted in rooms--to contain what.

292.420. For the purpose of disseminating a general knowledge of the provisions of sections 292.300 to 292.440 and of the dangers to the health of employees in any work or process covered by the provisions of sections 292.300 to 292.440, the employer shall post in a conspicuous place in every room or apartment in which any such work or process is carried on, appropriate notices of the known dangers to the health of any such employees arising from such work or process, and simple instructions as to any known means of avoiding, so far as possible, the injurious consequences thereof, and the director of the inspection section shall have prepared a notice covering the salient features of sections 292.300 to 292.440, and furnish a reasonable number of copies thereof to employers in this state affected by the provisions of sections 292.300 to 292.440, which notice shall be posted by every such employer in a conspicuous place in every room or apartment in such place of employment. The notices required by this section shall be printed on cardboard of suitable character and the type used shall be such as to make them easily legible.

(RSMo 1939 § 10223)

Prior revisions: 1929 § 13264; 1919 § 6829

Penalty for violation.

292.430. Any person, firm or corporation who shall, personally or through any agent violate any of the provisions of sections 292.300 to 292.440, or who fails or refuses to comply with any of its requirements, or who obstructs or interferes with any examination or investigation being made by the inspection section in accordance with the provisions of sections 292.300 to 292.440, or any employee who shall violate any of the provisions of sections 292.300 to 292.440, shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be punished by a fine of not less than twenty-five dollars or more than two hundred dollars and in each case shall stand committed until such fine and costs are paid, unless otherwise discharged by due process of law.

(RSMo 1939 § 10224)

Prior revisions: 1929 § 13265; 1919 § 6830

Employer defined.

292.440. In sections 292.300 to 292.440, unless the context otherwise requires, "employer" includes persons, partnerships and corporations.

(RSMo 1939 § 10225)

Prior revisions: 1929 § 13266; 1919 § 6831

Applicability of sections 292.450 to 292.540.

292.450. The provisions of sections 292.450 to 292.540 shall apply only to cities that now have or may hereafter have a population of fifty thousand or more inhabitants.

(RSMo 1939 § 10234)

Prior revision: 1929 § 13277

Outside ladder not to be used, when.

292.460. No outside ladder shall be used in connection with the construction, repairing, alteration, removal, or any work whatsoever on any building more than two stories in height, as a stairway.

(RSMo 1939 § 10227)

Prior revision: 1929 § 13270

Stairways to be kept lighted when in use.

292.470. All stairways used in connection with the construction, repairing, alteration, removal, or any work whatsoever, on any building more than two stories in height, shall be kept lighted at all times during their use and shall have a handrail running the entire length of said stairway.

(RSMo 1939 § 10228)

Prior revision: 1929 § 13271

To provide protection for persons engaged in building.

292.480. That all scaffolds, hoists, stays, ladders, supports, or other mechanical contrivances, erected or constructed by any person, firm or corporation, in this state, for the use in the erection, repairing, alteration, painting, tuckpointing, removal or any work whatsoever of any house, building, bridge, viaduct, or other structure, shall be erected and constructed, in a safe, suitable and proper manner, and shall be so erected and constructed, placed and operated, as to give proper and adequate protection to the life and limb of any person or persons, employed or engaged thereof, or passing under or by the same, and in such manner as to prevent the falling of any material that may be used or deposited thereon. Scaffolding or staging, swung or suspended from an overhead support, more than twenty feet from the ground or floor, shall have where practicable a safety rail properly bolted, secured and braced rising at least thirty-four inches above the floor, or main portion of such scaffolding or staging, and extending along the entire length of the outside and ends thereof, and properly attached thereto, and such scaffolding or staging shall be so fastened as to prevent the same from swaying from the building or structure.

(RSMo 1939 § 10226)

Prior revision: 1929 § 13269

Must build proper supports--when.

292.490. If in any house, building or structure in process of erection or construction in this state (except a private house, used exclusively as a private residence), the distance between the enclosing walls is more than twenty-four feet, in the clear, there shall be built, kept and maintained, proper intermediate supports for the joists, which supports shall be either brick walls, or iron or steel columns, beams, trusses, or girders, and the floors in all such houses, buildings, or structures, in process of erection and construction, shall be designed and constructed in such manner as to be capable of bearing in all their parts, in addition to the weight of the floor construction, partitions and permanent fixtures, and mechanisms that may be set upon the same, a live load of fifty pounds for every square foot of surface in such floors, and it is hereby made the duty of the owner, lessee, builder or contractor or subcontractor of such house, building or structure, or the superintendent or agent of either, to see that all the provisions of this section are complied with.

(RSMo 1939 § 10229)

Prior revision: 1929 § 13272

Duty of contractors and owners.

292.500. All contractors and owners when constructing buildings in cities, where the plans and specifications require the floors to be arched between the beams thereof or where the floors or filling in between the floors are fireproof material or brick work, shall complete the flooring or filling in as the building progresses, to not less than within three tiers or beams below that on which the iron work is being erected. If the plans and specifications of such buildings do not require filling in between the beams of floors with brick or fireproof material, all contractors for carpenter work in course of construction shall lay the under flooring thereof or a safe temporary floor on each story as the building progresses to not less than within two stories, or floors below the one to which such building has been erected. Where double floors are not to be used, such owner or contractor shall keep planks over the floor, two stories or floors below where the work is being performed. If the floor beams are of iron or steel the contractor for the iron or steel work of buildings in the course of construction or the owners of such buildings, shall thoroughly plank over the entire tier of iron or steel beams on which the structural iron or steel work is being erected, except such spaces as may be reasonably required for the proper construction of such iron or steel work and the raising and lowering of materials, to be used in the construction of such building, or such spaces as may be designated by the plans and specifications for stairways and elevator shafts.

(RSMo 1939 § 10231)

Prior revision: 1929 § 13274

Shafts or openings to be enclosed--railroads excepted.

292.510. If the elevating machines or hoisting apparatus are used within a building in the course of constructing for the purpose of lifting material to be used in such construction, the contractor or owner shall cause the shafts or openings on floor where material is loaded to be completely enclosed on all sides; except opening not over eight feet high and the width of the elevating machines for loading purposes. On the other floors the shafts and all other openings shall be enclosed or fenced in on all sides by a substantial barrier or railing at least three feet in height; provided, however, that nothing in sections 292.450 to 292.540 shall apply to railroad corporations or companies who are using their own employees in the construction or repairing of any structure mentioned herein.

(RSMo 1939 § 10232)

Prior revision: 1929 § 13275

Director to enforce provisions.

292.520. The chief officer in any city, town or village charged with the enforcement of local building laws, and the director of the inspection section are hereby charged with enforcing the provisions of sections 292.450 to 292.540; provided, that in all cities in this state, where a local building commissioner is provided for by law, such officer shall be charged with the duty of enforcing the provisions of sections 292.450 to 292.540, and in case of his failure, neglect or refusal so to do, the director of the inspection section shall, pursuant to the terms of sections 292.450 to 292.540, enforce the provisions thereof.

(RSMo 1939 § 10233)

Prior revision: 1929 § 13276

Violation--penalty.

292.530. Any owner, contractor, subcontractor, foreman or other person, having charge of the erection, construction, repairing, alteration, removal, or painting of any building, bridge, viaduct or other structure within the provisions of sections 292.450 to 292.540, shall comply with all the terms thereof and any such owner, contractor, subcontractor, foreman or other person violating any of the provisions of sections 292.450 to 292.540 shall upon conviction thereof be fined not less than twenty-five dollars or more than five hundred dollars or imprisoned for not less than three months or more than six months, or both fined and imprisoned in the discretion of the court.

(RSMo 1939 § 10235)

Prior revision: 1929 § 13278

Director to make inspection.

292.540. 1. Whenever it shall come to the notice of the director of the inspection section, or the local authority in any city, town or village in this state, charged with the duty of enforcing the building laws, that the scaffolding or the slings, hangers, blocks, pulleys, stays, braces, ladders, irons or ropes of any swinging or stationary scaffolding, platforms or other similar device, used in the construction, alteration, repairing, removing, cleaning or painting of buildings, bridges or viaducts, within this state are unsafe or liable to prove dangerous to the life or limb of any person the director of the inspection section, or such local authority or authorities shall immediately cause an inspection to be made of such scaffolding, platform or device, or the slings, hangers, blocks, pulleys, stays, braces, ladders, iron or other parts connected therewith.

2. If after examination such scaffolding, platform or device or any of such parts, is found to be dangerous to the life or limb of any person, the director of the inspection section, or such local authority shall at once notify the person responsible for its erection or maintenance, of such fact, and warn him against the use, maintenance or operation thereof, and prohibit the use thereof, and require the same to be altered, and reconstructed so as to avoid such danger. Such notice may be served personally upon the person responsible for its erection or maintenance or by conspicuously affixing it to the scaffolding, platform, or other such device, or the part thereof declared to be unsafe. After such notice has been so served or affixed, the person responsible thereof shall cease using and immediately remove such scaffolding, platform or other device, or part thereof, and alter or strengthen it in such manner as to render it safe.

3. The director of the inspection section, or any of his deputies, or such local authority, whose duty it is, under the terms of sections 292.450 to 292.540, to examine or test any scaffolding, platform or other similar device, or part thereof, required to be erected and maintained by this section, shall have free access at all reasonable hours, to any building, or structures, or premises containing such scaffolding, platform or other similar device, or parts thereof, or where they may be in use.

4. All swinging and stationary scaffolding, platforms, and other devices shall be so constructed as to bear four times the maximum weight required to be depended therein, or placed thereon, when in use, and such swinging scaffolding, platform or other device, shall not be so overloaded or overcrowded as to render the same unsafe or dangerous.

(RSMo 1939 § 10230)

Prior revision: 1929 § 13273

Sale of tenement-made articles prohibited.

292.560. No person, firm or corporation shall knowingly sell or expose for sale any of the articles mentioned herein when such articles were made in violation of sections 292.550 to 292.570; and the director of the inspection section, his deputy or any officer appointed to enforce the provisions of sections 292.550 to 292.570, who shall find any such articles made in violation of the provisions of sections 292.550 to 292.570, or who shall find that the articles herein mentioned are made under unclean or unhealthy conditions, shall conspicuously affix thereto a label containing the words "tenement made" or "made under unhealthy conditions", as the case may be, printed in plain letters on a tag not less than two inches in length, and it shall be unlawful to remove such tag except by the permission of the director of the inspection section or the officer under whose direction such label was affixed.

(RSMo 1939 § 10237)

Prior revisions: 1929 § 13280; 1919 § 6835; 1909 § 7854

Penalty.

292.570. Any person, firm or corporation engaged in the manufacture or sale of the articles herein mentioned who shall violate or who shall fail to comply with the provisions of sections 292.550 to 292.570, shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine of not less than ten nor more than fifty dollars, or by imprisonment in the county jail for a period of not more than ten days, or by both such fine and imprisonment.

(RSMo 1939 § 10238)

Prior revisions: 1929 § 13281; 1919 § 6836; 1909 § 7855

Definitions.

292.600. As used in sections 292.600 to 292.625, the following terms mean:

(1) "Department", the state department of public safety;

(2) "District or local emergency planning committee", a committee established by the Missouri emergency response commission and may include one or more counties or cities in Missouri;

(3) "Employer", a person engaged in business and including the state and any political subdivision thereof;

(4) "Hazardous substance", any substance which is:

(a) Listed in Title III, Emergency Planning and Community Right-to-Know, of the federal Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499; or

(b) A pesticide for which a registration has been cancelled or suspended under the provisions of section 281.260 or the federal Insecticide, Fungicide and Rodenticide Act of 1972, Public Law 92-516, as amended; or

(c) An extremely hazardous substance or hazardous chemical as defined in Title III, Emergency Planning and Community Right-to-Know, as enacted under the federal Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499; and which an employer stores, uses or produces, but shall not include any substance which is a food or drug as defined in the federal Food, Drug and Cosmetic Act, 21 U.S.C., Section 321, et seq.; packaged for distribution to, and used by, the general public, including any product used by an employer in the same form, approximate amount, concentration, and manner as it is sold to the consumer; present in a physical state, volume, or concentration for which there is no valid and substantial evidence that a significant risk to human health may occur from exposure; used in a laboratory for experimentation, research, development or testing by or under the direct supervision of a technically qualified individual, provided that the toxic substance or mixture is not produced in the laboratory for commercial purposes;

(5) "Person", one or more individuals, partnerships, associations, corporations, business trusts, legal representatives or any organized group of persons.

(L. 1985 H.B. 507 & 139 § 1, A.L. 1987 H.B. 655, A.L. 1988 S.B. 765, A.L. 1993 H.B. 550)

Missouri emergency response commissionestablished--members--appointment,qualifications--terms--vacancies--removal for cause--expenses,powers and duties.

292.602. 1. The "Missouri Emergency Response Commission", herein to be known as the commission, is hereby established and is officially domiciled in the department of public safety. The commission shall be composed of the director of the department of economic development, or his designee; the director of the department of natural resources, or his designee; the director of the department of public safety, or his designee; the director of the department of health and senior services, or his designee; six members appointed by the governor with the advice and consent of the senate; one to represent transporters of hazardous materials; one to represent Missouri industry; one to represent local government; one chief fire officer from a recognized fire department or fire protection district; one police officer of the rank of captain or above from a recognized county or municipal police department; and one to represent the general public and four members of the general assembly, two of whom shall be appointed by the speaker of the house and two of whom shall be appointed by the president pro tem of the senate. All members of the commission shall represent the general interest of the public and shall, to the extent practicable, have technical expertise in the emergency response field. No more than three members appointed by the governor shall be of the same political party. The terms of office for the members appointed by the governor shall be four years and until their successors are selected and qualified, except that, of those first appointed, two shall have a term of three years, two shall have a term of two years and two will have a term of one year. There is no limitation on the number of terms an appointed member may serve. The governor may appoint a member for the remaining portion of the unexpired term created by a vacancy. The governor may remove any appointed member for cause.

2. All members of the commission shall serve without compensation for their duties, but shall be reimbursed for necessary travel and other expenses incurred in the performance of their official duties.

3. The Missouri emergency response commission in conjunction with the department shall:

(1) Carry out those responsibilities designated under sections 292.600 to 292.625 and implement sections 292.600 to 292.625 and the Emergency Planning and Community Right-to-Know Act of 1986, Public Law 99-499, as amended, and all rules and regulations promulgated pursuant thereto, herein to be known as the Federal Act;

(2) Designate local emergency planning districts to facilitate preparation and implementation of emergency plans, appoint members of a local emergency planning committee for each local emergency planning district, support and coordinate the activities of such committees, review the emergency plans submitted by local emergency planning committees, and make recommendations to the local emergency planning committees regarding those plans;

(3) Establish a single filing point for all reports and filings that are required to be submitted to the commission under the provisions of sections 292.600 to 292.625 and the Federal Act;

(4) Accept, receive and administer grants or other funds or gifts from public and private agencies, including the federal government, for the purpose of carrying out the functions and responsibilities enumerated in sections 292.600 to 292.625;

(5) Provide assistance to the local emergency planning committees for the purpose of carrying out the functions and responsibilities enumerated in sections 292.600 to 292.625 and the Federal Act by utilizing all available expertise both public and private, including, but not limited to, the departments of natural resources, public safety and health;

(6) Provide training to local emergency planning committees and other local officials to accomplish the purposes and objectives of the Federal Act and the provisions of sections 292.600 to 292.625. The department of public safety will coordinate the provisions of such training and periodically report to the commission on training activities;

(7) Enter into such agreements with other state agencies, local governments and other political subdivisions of the state, the federal government and other persons as is determined to be appropriate to implement the Federal Act and the provisions of sections 292.600 to 292.625;

(8) Allot funds as specified in section 292.604 to local emergency planning committees;

(9) Develop a data management system to store and retrieve information submitted under the provisions of sections 292.600 to 292.625 and the Federal Act. The commission and the department will provide assistance to local emergency planning committees and fire departments, fire protection districts, volunteer fire protection services and others to make this information readily available to them for planning and emergency response purposes.

(L. 1989 H.B. 77, et al., A.L. 1992 S.B. 480, A.L. 1993 H.B. 550, A.L. 1996 S.B. 740)

Funding of commission--distribution of funds.

292.604. 1. The duties and the responsibilities of the commission and department under sections 292.600 to 292.625 shall be funded by the chemical emergency preparedness fund and general revenue upon appropriation.

2. Such appropriations shall be distributed as follows:

(1) Sixty-five percent of the funds collected under subsection 2 of section 292.606 shall be provided to the local emergency planning committees for their responsibilities under sections 292.600 to 292.625 and the federal act as follows:

(a) Of the sixty-five percent provided in subdivision (1) of this subsection, one-third shall be equally distributed annually to each local emergency planning committee through the governing body of each county or a city not within a county or any city with a population greater than four hundred thousand and located in more than one county;

(b) Two-thirds shall be distributed to the local emergency planning committees through the county governing body or any city not within a county or any city with a population greater than four hundred thousand and located in more than one county, based on the number of facilities identified with hazardous chemicals as defined in section 311(e) of the federal act; and on the presence of highways, railroads, pipelines and other pertinent entities as the commission and the department may determine;

(c) When a local emergency planning district has been formed the moneys distributed under paragraphs (a) and (b) of this subdivision to any county governing body or any city not within a county or any city with a population greater than four hundred thousand, located in more than one county which is a part of a district shall immediately transfer such funds to the district committee;

(d) Funds provided to local emergency planning committees under this section shall be used for purposes specified by the commission and the department for carrying out the purposes of sections 292.600 to 292.625 and the federal act. Use of such funds for purposes other than those specified can result in refusal to provide additional funds to that jurisdiction. The commission and the department may recover, by appropriate legal means, any funds spent inconsistent with the grant or contract under which such funds were provided;

(2) Twenty-five percent of the funds collected under subsection 2 of section 292.606 shall be available to carry out the responsibilities of the commission and the department under sections 292.600 to 292.625 and the federal act;

(3) Ten percent of the funds collected under subsection 2 of section 292.606 shall be distributed to the division of fire safety in the department of public safety to be used for hazardous materials training courses to carry out the provisions of sections 292.600 to 292.625. Training programs provided under this subsection shall be reviewed by the commission.

3. Fees collected by the commission under section 292.606 shall be placed in the chemical emergency preparedness fund to carry out the responsibilities of the commission and the department under sections 292.600 to 292.625 and the federal act.

4. Private donations, federal grants, contracts, interest accruing to the fund, and other funds shall be administered by the department in conjunction with the commission for purposes of chemical emergency preparedness as specified in sections 292.600 to 292.625 and the federal act.

(L. 1989 H.B. 77, et al., A.L. 1992 S.B. 480)

Employer to furnish certain information, to whom, form--on-siteinspections, when--updating of information, when--information madeavailable to public, by whom, fee.

292.605. 1. Every employer shall provide information and reports regarding the properties and nature of the hazardous substances which he stores, uses or produces to the local fire protection service, the department and the local emergency planning committee. Requirements for information under this subsection may be satisfied by the employer through the submission of an annual Tier II form as defined in 40 CFR Part 370 or other alternative methods of reporting approved by the department. Submittal to the department of a Tier II form or any other alternative method of reporting approved by the department shall satisfy the reporting requirements to the Missouri emergency response commission as directed under Title III of the Superfund Amendments and Reauthorization Act of 1986.

2. In addition to the information required in subsection 1 of this section, employers shall permit on-site inspections, as required by Title III, Emergency Planning and Community Right-to-Know, of the federal Superfund Amendments of 1986, Public Law 99-499, by the local fire chief or his representative, upon request, for the purpose of planning fire protection and emergency response activities. In addition to an on-site inspection, the employer shall provide a material safety data sheet or information by written description or diagram, if requested by the local fire protection service or local emergency planning committee regarding the kind, location, approximate quantities, hazardous nature and method of containment of hazardous substances which the employer stores, uses or produces at the facility. In addition to the information required by this subsection, the employer shall provide the fire protection service or local emergency planning committee with relevant information, through on-site inspection or written description or diagram, on all other hazardous substances, as defined in section 260.500, which the employer has knowledge are present at the facility in such form and quantity as to present a potential threat to public health and safety or the environment in the event of a fire or a release of the hazardous substance at the facility. For the purposes of this subsection, relevant information required of the employer on hazardous substances shall include the kind, location, approximate quantities, properties, hazardous characteristics and such other related information as the fire protection service may require to respond effectively to an emergency at the facility. Information required of the employer by the department of natural resources on hazardous waste pursuant to sections 260.350 to 260.432 which is made available or provided to the fire protection service shall satisfy the requirements for information on such substances under this subsection. Information required by this subsection shall be available to the general public, as required by Title III, Emergency Planning and Community Right-to-Know, of the federal Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499.

3. On the Tier II form every employer shall provide the department, the local emergency planning committee, and the local fire protection service in which jurisdiction the employer's facility is located with the name and current address and telephone number of at least two individuals familiar with the kind, location, nature and approximate quantities of hazardous substances present in the facility who may be contacted in the event of an emergency.

4. All information required from the employer under sections 292.600 to 292.625 shall be updated each March first or more frequently if conditions change which may affect the ability of the fire protection service to respond effectively to an emergency occurring at the facility.

5. All information provided by the employer to the fire protection service, the local emergency planning committee, and the department as required by subsection 1 of this section shall be available to the general public from the fire protection service, local emergency planning committee or the department upon request. Any request for information shall be in writing. All requests for information shall be available during normal business hours for inspection by any affected employer. The fire protection service, the department or the local emergency planning committee may charge a fee sufficient to cover the actual cost of providing any requested information.

(L. 1985 H.B. 507 & 139 § 2, A.L. 1987 H.B. 655, A.L. 1988 S.B. 765, A.L. 1992 S.B. 480)

Fees, certain employers, how much, due when, latepenalty--deductions--excess credited when--agencies receivingfunds, duties--use of funds, commission to establish criteria.

292.606. 1. Fees shall be collected for a period of six years from August 28, 2012.

2. (1) Any employer required to report under subsection 1 of section 292.605, except local governments and family-owned farm operations, shall submit an annual fee to the commission of one hundred dollars along with the Tier II form. Owners or operators of petroleum retail facilities shall pay a fee of no more than fifty dollars for each such facility. Any person, firm or corporation selling, delivering or transporting petroleum or petroleum products and whose primary business deals with petroleum products or who is covered by the provisions of chapter 323, if such person, firm or corporation is paying fees under the provisions of the federal hazardous materials transportation registration and fee assessment program, shall deduct such federal fees from those fees owed to the state under the provisions of this subsection. If the federal fees exceed or are equal to what would otherwise be owed under this subsection, such employer shall not be liable for state fees under this subsection. In relation to petroleum products "primary business" shall mean that the person, firm or corporation shall earn more than fifty percent of hazardous chemical revenues from the sale, delivery or transport of petroleum products. For the purpose of calculating fees, all grades of gasoline are considered to be one product, all grades of heating oils, diesel fuels, kerosenes, naphthas, aviation turbine fuel, and all other heavy distillate products except for grades of gasoline are considered to be one product, and all varieties of motor lubricating oil are considered to be one product. For the purposes of this section "facility" shall mean all buildings, equipment, structures and other stationary items that are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person. If more than three hazardous substances or mixtures are reported on the Tier II form, the employer shall submit an additional twenty dollar fee for each hazardous substance or mixture. Fees collected under this subdivision shall be for each hazardous chemical on hand at any one time in excess of ten thousand pounds or for extremely hazardous substances on hand at any one time in excess of five hundred pounds or the threshold planning quantity, whichever is less, or for explosives or blasting agents on hand at any one time in excess of one hundred pounds. However, no employer shall pay more than ten thousand dollars per year in fees. Moneys acquired through litigation and any administrative fees paid pursuant to subsection 3 of this section shall not be applied toward this cap.

(2) Employers engaged in transporting hazardous materials by pipeline except local gas distribution companies regulated by the Missouri public service commission shall pay to the commission a fee of two hundred fifty dollars for each county in which they operate.

(3) Payment of fees is due each year by March first. A late fee of ten percent of the total owed, plus one percent per month of the total, may be assessed by the commission.

(4) If, on March first of each year, fees collected under this section and natural resources damages made available pursuant to section 640.235 exceed one million dollars, any excess over one million dollars shall be proportionately credited to fees payable in the succeeding year by each employer who was required to pay a fee and who did pay a fee in the year in which the excess occurred. The limit of one million dollars contained herein shall be reviewed by the commission concurrent with the review of fees as required in subsection 1 of this section.

3. Beginning January 1, 2013, any employer filing its Tier II form pursuant to subsection 1 of section 292.605 may request that the commission distribute that employer's Tier II report to the local emergency planning committees and fire departments listed in its Tier II report. Any employer opting to have the commission distribute its Tier II report shall pay an additional fee of ten dollars for each facility listed in the report at the time of filing to recoup the commission's distribution costs. Fees shall be deposited in the chemical emergency preparedness fund established under section 292.607. An employer who pays the additional fee and whose Tier II report includes all local emergency planning committees and fire departments required to be notified under subsection 1 of section 292.605 shall satisfy the reporting requirements of subsection 1 of section 292.605. The commission shall develop a mechanism for an employer to exercise its option to have the commission distribute its Tier II report.

4. Local emergency planning committees receiving funds under section 292.604 shall coordinate with the commission and the department in chemical emergency planning, training, preparedness, and response activities. Local emergency planning committees receiving funds under this section, section 260.394, sections 292.602, 292.604, 292.605, 292.615 and section 640.235 shall provide to the commission an annual report of expenditures and activities.

5. Fees collected by the department and all funds provided to local emergency planning committees shall be used for chemical emergency preparedness purposes as outlined in sections 292.600 to 292.625 and the federal act, including contingency planning for chemical releases; exercising, evaluating, and distributing plans, providing training related to chemical emergency preparedness and prevention of chemical accidents; identifying facilities required to report; processing the information submitted by facilities and making it available to the public; receiving and handling emergency notifications of chemical releases; operating a local emergency planning committee; and providing public notice of chemical preparedness activities. Local emergency planning committees receiving funds under this section may combine such funds with other local emergency planning committees to further the purposes of sections 292.600 to 292.625, or the federal act.

6. The commission shall establish criteria and guidance on how funds received by local emergency planning committees may be used.

(L. 1992 S.B. 480, A.L. 2001 H.B. 453, A.L. 2012 H.B. 1251 merged with H.B. 1647)

Chemical emergency preparedness fund established--reversion togeneral revenue, prohibited.

292.607. 1. The "Chemical Emergency Preparedness Fund" is hereby established. Funds appropriated under section 292.604, private donations, federal grants, contracts, and other funds provided to the commission and the department for distribution as provided in section 292.604 shall be placed in the chemical emergency preparedness fund. Notwithstanding the provisions of section 33.080 to the contrary, funds in the chemical emergency preparedness fund shall not revert to the general revenue fund. Interest accruing to the fund shall be part of the fund.

2. The chemical emergency preparedness fund shall, upon appropriation, be used to implement the provisions of sections 292.600 to 292.625.

(L. 1989 H.B. 77, et al.)

Employer's trade secrets, department to protect--disclosure of bypublic employees and officers, penalty.

292.610. 1. Trade secret claims by an employer shall be made to the department and subject to the same protection as and treated in a manner similar to and authorized by Title III, Emergency Planning and Community Right-to-Know, of the federal Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499.

2. No officer, employee, or agent of any state or municipal department, agency, commission members, members and employees of district and local emergency planning committees, or authority shall disclose to anyone in any manner any record or portions thereof protected pursuant to the provisions of sections 292.600 to 292.625 and Title III, Emergency Response and Community Right-to-Know, of the federal Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, which are within his custody or knowledge for as long as such record or portions thereof shall be so exempted or until a final judicial denial of such exemption is rendered. Any person who violates any provision of this section commits the crime of misuse of official information and may be punished as provided in section 576.050.

(L. 1985 H.B. 507 & 139 § 3, A.L. 1988 S.B. 765)

Rules and regulations, department to promulgate--procedure.

292.613. The department shall have the authority to promulgate, after public hearing, rules and regulations to carry out the provisions of sections 292.600 to 292.625 and to meet the reporting requirements of Title III, Emergency Planning and Community Right-to-Know, of the federal Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499. 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. 1988 S.B. 765, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

Violations, attorney general to bring action--jurisdiction, circuitcourt--penalties, limit, payable to general revenue--civil actions,by whom, why, commission approval--actions against local committee,by whom, why--access for investigation, procedure.

292.615. 1. The attorney general shall bring an action in circuit court against any employer knowingly and intentionally violating the provisions of sections 292.600 to 292.625. In any such action the circuit court shall have jurisdiction to restrain violations of the provisions of sections 292.600 to 292.625 and to levy appropriate penalties, including reasonable attorney's fees and costs, of not more than five thousand dollars per violation for each day of violation. Any civil penalty assessed for the violation of any of the provisions of sections 292.600 to 292.625 shall be payable to the general revenue fund.

2. The commission, local emergency planning committees or fire protection services may, on their own initiative or on behalf of any person, commence a civil action against an employer for failure to submit the required Tier II form after thirty days of such employer being notified by the commission that such employer is not in compliance. A local emergency planning committee or fire protection service commencing a civil action shall seek commission approval in advance of such action and cooperate with the commission and the department in the legal process. Any violations of section 260.394, sections 292.602, 292.604, 292.605, 292.606, 292.615 and section 640.235 shall constitute a class C misdemeanor.

3. Any employer, the department, or the Missouri emergency response commission may commence a civil action against a local emergency planning committee for failure to use fees collected under section 292.604 for the purposes specified in sections 292.600 to 292.625 or for use of fees collected under section 292.604 for purposes other than those specified in sections 292.600 to 292.625. The department and the commission may recover, by appropriate legal means, any funds spent inconsistent with the purposes specified in sections 292.600 to 292.625.

4. The Missouri emergency response commission may commence a civil action against a local emergency planning committee that fails to provide information as required in subsection 4 of section 292.606.

5. No person shall refuse entry or access for the purpose of investigating possible violations of sections 292.600 to 292.625 or the federal act by an authorized representative of the department who presents appropriate credentials, nor obstruct or hamper the representative. A suitably restricted search warrant, upon showing of probable cause in writing and upon oath, may upon application be issued by any court of competent jurisdiction to any such representative for the purpose of enabling the representative to investigate or respond to possible violations of sections 292.600 to 292.625 or the federal act.

(L. 1985 H.B. 507 & 139 § 4, A.L. 1987 H.B. 655, A.L. 1988 S.B. 765, A.L. 1992 S.B. 480)

Explosive or blasting agents, temporary storage--notification of localfire department and certain others--content of report,exceptions--visible markings on buildings, rooms and containers,requirements, exceptions--motor vehicles, rolling stock andairplanes, markings by federal government.

292.617. 1. Owners and operators of facilities where one hundred pounds or more of explosives or blasting agents as defined in Title 49, Code of Federal Regulations, Part 173, Subpart C are temporarily stored shall file such reports as required under section 292.605 whenever such explosive materials are stored in a particular facility for more than fifteen days and each time such explosive materials are relocated to a new site for storage of more than fifteen days duration, except that when such explosive materials are stored in any facility for less than fifteen days such reports shall not be required and the facility owner or operator shall, within twenty-four hours of the arrival of such explosive materials at the facility, notify the local fire department in the jurisdiction where the facility is located that such explosive materials are temporarily stored in that facility and shall describe the contents and amount of the explosive materials stored therein. The provisions of this subsection concerning explosive materials shall apply to owners and operators of facilities where explosives are temporarily stored prior to use at that facility or location and shall not apply to storage by manufacturers and distributors prior to sale or to such material while in transit provided that the transporter is in compliance with the United States Department of Transportation regulation.

2. All facilities required to submit reports under sections 292.600 to 292.625, except those facilities having an emergency response policy or facilities located in a fire protection district or municipality having a fire protection code, shall provide visible markings on the outside of buildings, rooms and containers where hazardous substances are present. These markings shall conform to the National Fire Protection Association Standard Number 704 or with other federal laws or regulations, or in the case of containers, may as an option comply with Safety and Health Administration Hazard Communication Rule, 29 CFR 1910.1200(f). To avoid duplication of markings, marking requirements of the United States Department of Transportation shall satisfy the requirements in regard to motor vehicles, rolling stock and aircraft.

(L. 1989 H.B. 77, et al., A.L. 1990 S.B. 719)

Immunity from liability for official actions by members of commissionand local emergency planning committee, exceptions.

292.623. Members of the Missouri emergency response commission and members of local emergency planning committees appointed by the commission shall not be liable for damages incurred as a result of actions taken by them when acting in their capacities pursuant to sections 292.600 to 292.625, or the federal act. This protection from liability shall not apply for acts or omissions which result from intentional wrongdoing or gross negligence.

(L. 1989 H.B. 77, et al.)

Additional duties of department.

292.625. The department shall:

(1) Exercise general supervision of the administration and enforcement of sections 292.600 to 292.625 and all rules and regulations adopted or issued hereunder;

(2) Retain, employ, provide for and compensate, within appropriations available therefor, such personnel as may be necessary to carry out the provisions of sections 292.600 to 292.625;

(3) Budget and receive duly appropriated moneys for expenditures to carry out the provisions of sections 292.600 to 292.625;

(4) Accept, receive and administer grants or other funds or gifts from public and private agencies, including the federal government, for the purpose of carrying out the functions and responsibilities enumerated in sections 292.600 to 292.625. Funds received by the department pursuant to this section shall be deposited with the state treasurer and held and disbursed by him in accordance with the appropriations of the general assembly;

(5) Work with local emergency planning committees to accomplish the purposes and objectives of sections 292.600 to 292.625.

(L. 1988 S.B. 765)

Portable toilets required at certain construction projects.

292.630. 1. At all construction projects at which twenty people or more are engaged in the performance of work, the primary employer or contractor at such project shall provide at least one portable toilet for each twenty people; except that, the provisions of this section shall not apply to any railroad company.

2. The provisions of this section shall be enforced by the department of labor and industrial relations through the division of labor standards. Upon a finding by a court of competent jurisdiction that a primary employer or contractor has willfully violated or omitted to comply with the requirements of this section, such person or persons shall be subject to penalty as provided by section 290.340.

(L. 1995 S.B. 96 § 2)

Hepatitis B immunization for at-risk state employees--departmentsto determine, duties.

292.650. 1. In accordance with the adopted standards which are consistent with the accepted public health practices and recommendations of the United States Centers for Disease Control, the state of Missouri shall offer the hepatitis B immunization to every employee of the state of Missouri who is determined to be at risk for contracting hepatitis B, as defined by the federal Occupational Safety and Health Administration blood borne pathogens standard.

2. The department of health and senior services, in conjunction with the division of personnel in the office of administration, shall provide materials to allow each department of the state to determine if any state employees of the department are at risk for occupational exposure to hepatitis B.

3. Every department of the state shall determine which, if any, state employees of the department are at-risk employees for occupational exposure to hepatitis B. After such determination, every department shall provide the department of health and senior services with the number of employees, if any, who are determined to be at risk. The department of health and senior services shall provide materials for such at-risk employees regarding occupational exposure to hepatitis B to be distributed by any department reporting an at-risk employee.

4. Every department shall distribute the materials regarding occupational exposure to hepatitis B provided by the department of health and senior services to all identified at-risk department employees. Every department shall determine the number of at-risk employees requesting the hepatitis B vaccination.

5. Every department shall provide the hepatitis B vaccine to every identified at-risk employee requesting the hepatitis B vaccination and shall determine the procedure for administering the hepatitis B vaccine to such employees.

(L. 1997 H.B. 635 § 1, subsecs. 1 to 5)

Definitions--needles used by employers in conduct of business, anycommercially available may be used.

292.655. 1. For purposes of this section, the following terms mean:

(1) "Engineered injury protection device", a mechanical device or feature to a device that renders the needle incapable of inflicting a needlestick injury either by:

(a) Destruction of the medical needle sharp metal point at the point of procedure or use; or

(b) Covering the sharp end of the needle at the time the needle is removed from the skin of the subject human or animal.

Recapping the medical needle with the original needle packaging cover is not considered an engineered injury protection device.

(2) "Medical needles", hypodermic needles or other similar hollow-bore needles, syringes, or blood extraction apparatus with a primary function to penetrate the skin of a living human or animal.

2. Employers that use medical needles in the routine course of conducting business in the state may use any commercially available engineered injury protection device that can be reasonably expected to reduce the risk of accidental needlestick injuries to employees, patients, or customers.

3. This section shall not apply to needles for sewing dead animal skins or parts, fish hooks, gaffs, animal tags, or other similar sharp objects related to animals but unrelated to health care or testing of live animals. This section shall not apply to any veterinary care provided by a licensed veterinarian or veterinary care provider in or outside of a designated veterinary office, including but not limited to a ranch, farm, or private residence being provided in the scope of veterinary practices under chapter 340.

(L. 2012 H.B. 1647)

Medical needles, employer use of OSHA- or FDA-approved devicespermitted.

292.656. Notwithstanding any provision of section 292.655 to the contrary, employers that use medical needles in the routine course of conducting business in this state may use any Occupational Safety and Health Administration- or Food and Drug Administration-approved device.

(L. 2012 H.B. 1647 § 1)

Definitions--on-site training required--workers to maintaindocumentation of completion of training--resolution or ordinancerequired--violations, penalty--rulemaking authority.

292.675. 1. As used in this section, the following terms shall mean:

(1) "Construction", construction, reconstruction, demolition, painting and decorating, or major repair;

(2) "Contractor", any person entering into a contract with a public body for construction of public works which employs on-site employees for purposes of completion of the contract;

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

(4) "On-site employee", laborers, workmen, drivers, equipment operators, and craftsmen employed by contractors and subcontractors to be directly engaged in construction at the site of the public works. "Directly engaged in construction" shall mean work performed in the actual erection of the structure or completion of the improvement constituting the public works. In addition, employees working at a nearby or adjacent facility used by the contractor or subcontractor for construction of the public works shall be deemed on-site employees. Persons engaged solely in the transportation of materials, fuel, or equipment to the site of the public works shall not be deemed to be directly engaged in construction;

(5) "Person", any natural person, joint venture, partnership, corporation, or other business or legal entity;

(6) "Public body", the state of Missouri or any officer, official, authority, board or commission of the state, or other political subdivision thereof, or any institution supported in whole or in part by public funds;

(7) "Public works", all fixed works constructed for public use or benefit or paid for wholly or in part out of public funds. "Public works" includes any work done directly by any public utility company when performed by it pursuant to the order of the public service commission or other public authority whether or not it be done under public supervision or direction or paid for wholly or in part out of public funds when let to contract by said utility;

(8) "Subcontractor", any person entering into a subcontract with a contractor for construction of public works which employs on-site employees for purposes of completion of the contract.

2. Any contractor for any public body for purposes of construction of public works and any subcontractor to such contractor shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program for their on-site employees which includes a course in construction safety and health approved by OSHA or a similar program approved by the department which is at least as stringent as an approved OSHA program, unless such employees have previously completed the required program. All employees who have not previously completed the program are required to complete the program within sixty days of beginning work on such construction project.

3. Any employee found on a work site subject to this section without documentation of the successful completion of the course required under subsection 2 of this section shall be afforded twenty days to produce such documentation before being subject to removal from the project.

4. The public body shall specify the requirements of this section in the resolution or ordinance and in the call for bids for the contract. The contractor to whom the contract is awarded and any subcontractor under such contractor shall require all on-site employees to complete the ten-hour training program required under subsection 2 of this section or such employees must hold documentation of prior completion of the program. The public body awarding the contract shall include this requirement in the contract. The contractor shall forfeit as a penalty to the public body on whose behalf the contract is made or awarded, two thousand five hundred dollars plus one hundred dollars for each employee employed by the contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time period in subsections 2 and 3 of this section have elapsed. The public body awarding the contract shall include notice of these penalties in the contract. The public body awarding the contract shall withhold and retain therefrom all sums and amounts due and owing as a result of any violation of this section when making payments to the contractor under the contract. The contractor may withhold from any subcontractor sufficient sums to cover any penalties the public body has withheld from the contractor resulting from the subcontractor's failure to comply with the terms of this section. If the payment has been made to the subcontractor without withholding, the contractor may recover the amount of the penalty resulting from the fault of the subcontractor in an action maintained in the circuit court in the county in which the public works project is located from the subcontractor.

5. In determining whether a violation of this section has occurred, and whether the penalty under subsection 4 of this section shall be imposed, the department shall investigate any claim of violation. Upon completing such investigation, the department shall notify the public body and any party found to be in violation of this section of its findings and whether a penalty shall be assessed. Determinations under this section may be appealed in the circuit court in the county in which the public works project is located.

6. If the contractor or subcontractor fails to pay the penalty within forty-five days following notification by the department, the department shall pursue an enforcement action to enforce the monetary penalty provisions of subsection 4 of this section against the contractor or subcontractor found to be in violation of this section. If the court orders payment of the penalties as prescribed under subsection 4 of this section, the department shall be entitled to recover its actual cost of enforcement in addition to such penalty amount.

7. The department may establish rules and regulations for the purpose of implementing the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.

8. This section shall not apply to work performed by public utilities which are under the jurisdiction of the public service commission, or their contractors, or work performed at or on facilities owned or operated by said public utilities.

9. The provisions of this section shall not apply to rail grade crossing improvement projects where there exists a signed agreement between the railroad and the Missouri department of transportation or an order issued by the department of transportation ordering such construction.

10. This section shall take effect on August 28, 2009.

(L. 2008 H.B. 1549, et al., A.L. 2009 H.B. 390)

Effective 7-07-09

*This section contained an emergency clause, which makes the amendments effective upon the governor's signature on 7-07-09; however, subsection 10 mandates an effective date of 8-28-09.


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