Bill 19 (Legislature 9, Session 3)

L9 S3 7707

Alberta — Bills

Bill No. 19 of 1943. A BILL TO ENACT THE LABOUR WELFARE ACT. NOTE. This Act enables the Board of Industrial Relations to make inveE'tigations relating to the welfare and conditions of labour in any particular industry or in industries gen erally,and to make orders to ensure proper working condi tions for employees, male and female, engaged in such in dustries.

Section 4 outlines the nature of the orders which the Board may make relating to working eonditions in in dustries.

Section 6 makes provision for chairs or seats for female employees in industries where work may be conveniently done by women while seated.

Section 7 provides for prompt payment of wages to em ployees. Section·8 is a repetition of the present provisions of The Factories Act outlining the requirements of industrial plants re sanitation and comfort of employe,es. Sections 9, 10 and 11 are taken from present provisions of The Factories Act.

Section 12 provides for proper examination of the prem ises and working conditions by inspectors under the Act, and provides penalties for any delay or obstruction of in speetors in carrying out their duties under the Act.

Section 13 provides for the making and publication of orders of the Board.

Section 14 enables the Board to vary, alter, suspend or repeal any of its orders.

Section 15 provides penalties for a breach of the Act.

Section 16 places the onus of proving that he is not an employer upon the person charged with an offence.

Section 17 repeals certain provisions of The Factories Act now incorporated in this Act. W. S. GRAY, Acting Legislative Counsel. (This note does not form any part of the Bill but is olfered in explanation of its provisions.)

BILL No. 19 of 1943. An A-ct respecting the Welfare and Conditions of Labour of Employees Engaged in any Industry, Trade, . Business, Occupation or Employment. (Assented to , 1943.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: '

SHORT TITLE. 1. This Act may be cited as "The Labour Welfare Act."

INTERPRETATION. 2.

In this Act unless the context otherwise requires, (a) "Board" means the Board of Industrial Relations constituted under the provisions of -The Hours of Work Act; (b) "Chairman" means the Chairman of the Board of Industrial Relations constituted under the provi sions of The Hours of Work Act; (c) "Chief Inspector" means the Chief Inspector of the Board of Industrial Relations; (d) "Employee" means any person who is employed in any capacity under any agreement whether oral or in writing or whether express or implied by which the relation'ship of master and servant is created between sU,ch person and the person by whom he is employed; (e) "Employer" includes every person, firm, corpora tion, agent, manager, representative, -contractor, sub-contractor, or other person having control or direction of, or responsible, directly or indirectly, for the employment of any employee; (f) "Employment" includes employment in any indus try, trade, business or occupation; (g) "Inspector" means any inspe-ctor appointed by the Minister or Lieutenant Governor in Council; (h) "Minister" means the Minister of Trade and In dustry. 3.

This Act shall apply to all persons in the Province who are employers and employees except persons who are farm labourers or domestic servants in private houses.

2 4.-

(1) The Board may at any time apd fr?m ~ime to time hold an inquiry for the purpose of InvestIgatIng the facts with respect to the welfare of employees in relation to conditions of labour in any employment or industry, and after such inquiry as the Board deems' adequate, the Board may, in its sole discretion, make an order prescribing gen erally, having regard to the interests of employers and em ployees, actions to be taken and conditions to be observed for the welfare of employees in any employment or employ ments or in different classes or deseriptions of employment. (2). Without limiting the generality of the provisions of subsection (1) the Board may by its order,- (

a) prescribe the type of safety outer garments or safety appliances to be worn by employees for the protection of the head, eyes; hands, feet, or body of the said employees engaged in any employment, and to determine, when the Board deems it advisable, the terms and conditions upon which such gar ments and appliances shall be provided by the em ployer for his employees; (

b) prohibit female employees in any employment and in any class or description of employment from lift ing or carrying burdens, connected with their em ployment, of a greater weight than that prescribed from time to time by order of the Board; (

c) prohibit the employment of a pregnant woman on day shifts for a period of six weeks prior to and a further period of two months after delivery, and on night shifts during the whole period of preg nancy; (

d) in cases where employees are engaged in any em ployment or in any class or description of employ ment operating on a two or three shift basis, require that the shifts shall be rotated at least once every three months or within such other period or in such manner as th~ Board may deem necessary, and that the employees be employed on different shifts on the expiration of the period; (

e) require any employer who has in his employ over fifty employees in any employm~nt or in different employments or in different classes or descriptions of any employment to retain the services of an in dustrial nurse for the welfare of the employees in his employ; (

f) require an employer in any employment or class of employment to provide compartments or lockers for the purpose of storing wearing apparel and other personal belongings or articles of his em ployees; (

g) require an employer in any employment or class of employ~ent to give his employees one week's holi days WIth regular pay after one year's employ ment, and may by the said order or subsequent or-

3 der require the employer to give a longer holiday than one week up to a maximum 'Of two weeks with regular pay, and by such order establish the length of employment IN hich will entitle the employee to a longer holiday up to a maximum of two weeks' h'Olidays with pay; (

h) exempt from any ·order of the Board made under this Act, any industry, business, trade, occupation or employment, wholly or in part; (

i) make such other order or orders as the Board deems necessary for the welfare of employees in any employment. 5. Every employer shall in case any apprentice leaves his service, give sU,ch apprentice upon request a statement showing the length of time such apprentice has been em ployed in any particular line of work. 6.-

(1) In any employment in which women are em ployed an inspector may by written direction require the employer to pro.vide and keep therein at all times a sufficient and suitable ·chair or seat for the use of every such woman employed, and upon receipt of that direction the employer shall permit her to use such chair or seat while engaged in the work o.r duty for which she is employed; and the em ployer shall not by an open orco.vert threat, rule or other intimation, express or implied, or by any .contrivance, pre vent any female employee from using such chair or seat.

(2) Any person who contravenes any of the provisions of this

section shall be liable on

summary conviction to a fine of not less than ten dollars and costs and not more than thirty dollars and costs, and in default of payment to im prisonment for a period no.t exceeding thirty days. 7.-

(1) Every employer shall pay to every employee en gaged 'Or employed by him in any employment to which this Act applies, all wages earned by such employee within ten days after the expiration of each period of employment during which the employee has been so engaged or em ployed, which period o.f employment shall not be greater than one calendar month.

(2) In ease the employment of an employee is terminated by the employer, the wages earned by the employee shall be paid to. him by his employer upon the termination of the ~mployment. 8.-:-

(1) The employer in any industry, business, trade, occupation, or empl'Oyment shall,- (

a) keep the premises where his employees are em ployed, in a clean and sanitary condition and free from any effluvia; (b) _ to the satisfaction of the Chairman or Chief In spector, provide a sufficient number and description

4 of privies, earth or water closets an.d ur.inals ~or the employees working in such premIses IncludIng separate sets for the use of male and female em ployees with separate approaches thereto, and shall provide one closet for every twenty-five persons of each sex employed in such premises and shall keep at the entrance to every closet a clearly painted sign indicating the sex for which such closet is provided. Such closets shall be reasonably aceessible to the employees; (

c) keep privies, earth or water closets and urinals in good repair and in a sanitary condition; (

d) heat the premises throughout and regulate the tern perature so as to be suitable for the work to be performed therein and not to be injurious to the health or comfort of the employees; but in no ease shall the temperature be less than sixty degrees Fahrenheit unless authorized by the Chairman or Chief Inspector in writing; (

e) ventilate the premises in such a manner as to keep the air reasonably pure and so as to render harm less as far as reasonably pra,cticable, all gases, vapours, dust or other impurities generated in the course of any employment carried on therein that may be injurious to. health; (

f) not allow overcrowding while wDrk is carried on therein so as to be injurious to the health of the persons employed therein, the standard to be al lowed being three hundred eubic feet of room space for each employee; (

g) provide a wash room, clean towels, soap and a suf ficient supply of wholesome drinking water and proper drinking cups for employees, and water taps which shall be at least eight feet distant from any water closet or urinal, and also when directed by the Chairman or Chief InspectDr in writing, shower baths for the employees; (

h) if the manufacturing process carried on in any part of the premises is calculated to wet the floor to such an extent that the health of any perSDns employed therein is likely to be endangered, see that adequate means are provided for the proper draining of such floors; (

i) in printing offices where there are three or more typesetting I?achines (linotypes, intertypes, mono types, monohnes and the like) see that the melting pots .Df all typesetting, typecasting and similar machInes and apparatus, such as linotype machines, ~onotype .easte.rs, stereotype melting pots, and the hke are pIped In a proper and effiGient manner, so as to effectually carry off the noxious fumes and gase~ arising during their operation; and that all ll!eltIng pots of stereotyping and typecasting de VIces are properly prDvided with hoods extending

5 over the melting pots and ,connected with the afore said piping in such manner as to carry off the fumes from the molten metal as well as the burned gas fumes; provided that exhaust fans, blowers or other suitable devices shall in such premises as the Chair man or Chief Inspector orders also be installed for the purpose of further aiding in the discharge of all deleterious matter from composing and other rooms where any of the above machines may be in operation.

(2) Th.e Chairman or Chief Inspector may in writing require the employer of any factory or shop to provide a suffie,ient number of spittoons and to place the same in dif ferent parts of the premises and to keep the same clean.

(3) In every factory or shop where any process is car ried on by which dust is generated and is inhaled by the workers to an injurious extent, then, subject to the regu lations, the inspector may, if such inhalation can be pre vented or partially prevented, direct that adequate measures shall be taken for the prevention of inhalation within a reasonable time by the employer, who shall be bound to take any measures so directed.

(4) No employer shall knowingly permit or suffer any person who is affected with pulmonary tuberculosis or with scrofula, or with any venereal disease or with any com municable skin disease, to work in a fa~tory or shop in which food or food products or materials are manufactured, stored or kept for sale or sold, and every employer shall keep himself in a reasonably healthy condition, nor shall any person affected with any of the said diseases work in any such factory or shop. 9.

Without the written consent of the Chairman or Chief Inspector, no part of any premises used for manufacturing or processing purposes, shall be kept or used as a bedroom or sleeping place. 10. No laundry work shall be done in a room in or about a place of employment used for a sleeping or living room or in a room used for cooking and preparing meals. 11.-

(1) Women in any employment working with or about machinery, shafting or belting, or with the material being handled shall during working hours,- (

a) wear their hair rolled or plaited and fastened securely or confined in a close-fitting cap or net so as to avoid contact with the said machinery, shaft ing or belting or with the material being handled; (

b) refrain from wearing jewelry of any kind which might be caught in moving machinery or which might interfere with the safety of such employees.

(2) The manager, superintendent, foreman or other pe~ son in charge shall see that employees are adequately notI fied as to the provisions of this section. 12.-

(1) Every inspector shall have the powers of a constable and may, in the execution of his duti~s. under th~s Act and for the purpose of enforcing the prOVISI'Ons of thIS Act' or any orders of the Board or written instru,ctions of the Chairman or Chief Inspector,- (

a) enter, inspect and examine any premises at all rea sonable times by day or night, when he has reason able cause to believe that any person is employed therein; (

b) require the production of any register, certificate, notice or document required by this Act to be kept, and inspect, examine and copy the same; (

c) make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act or any orders of the Board or any written instructions of the Chairman or Chief Inspe'ctor, have been complied with; (

d) examine, either alone or in the presence of any other person or persons as he thinks fit, with re spect to matters under this Act, any employer or employee whom he finds on the premises; (

e) for the purpose of carrying out any investigation, inquiry or examinati'On made by him under the authority of this Act, require any person to pro duce books, papers, documents, files, pay-rolls or records in relation to any employment and may obtain from any person whom he considers to have information relating to the employment, an affidavit or statutory declaration as to his or her knowledge 'Of anything relating to the employment; (

f) exercise such other powers as may be necessary for carrying out the provisions of this Act.

(2) An employer, his agents and servants shall furnish all necessary assistance to an inspector to enable him to make an entry, inspection, examination or inquiry in rela tion to the industry, business, trade, occupation or employ ment carried on, on the premises of the employer:

(3) Any person who wilfully delays or obstructs an in spector in the exercise of any power given to him under this

section or who fails to comply with an order 'Of the inspector or who fails to produce any books, papers, docu ments, files, pay-rolls or records which he is required to produce or w.ho conceals or attempts to conceal an employee from appe~rIng before or being examined by an inspector shall be gUIlty of an offence and liable on

summary convic tion to a fine of not less than ten dollars and costs and not more than two hundred dollars and costs and in default of payment, to imprisonment not exceeding three m'Onths. .

(4) An inspector in carrying out his duties under this

section or when inspecting any premises may be accom panied by a legally qualified medical practitioner, medical health officer Dr sanitary inspector. 13.-

(1) Any orders made by the Board under the pro visiDns 'Of this Act shall be signed by the Chairman and the secretary and shall bec'Ome operative upon the date 'Of their publication in The Alberta Gazette or at such later date as may be named in the said order.

(2) Every employer shall post up on the date when it becomes 'Operative in a conspicuous place in his place of employment where it can be readily seen by employees a CDPY of every order of the Board affecting the employment or the employer or employees engaged therein.

(3) All persons affected by the said order shall, after such publication, be deemed to have notice of its existence and of the terms of such order. 14. The Board may at any time and from time to time vary, alter, suspend or cancel any order made by it either permanently or for a specific period to be named by the Board. 15. Any person who violates any provision of this Act or any 'Order of the Board 'Or any instructions in writing of the Chairman or Chief Inspector for which no penalty is otherwise provided by this Act, shall be liable on

summary conviction to a fine of not mDre than five hundred d'Ollars and costs and in default 'Of payment to imprisonment for a period not exceeding three months. 16. In any prosecution for any 'Offence against any 'Of the provisions of this Act alleged to have been committed by an employer, the onus 'Of pr'Oof that he is not an employer shall be upon the person charged with the 'Offence. 17. SeGtions 21, 22, 24, 25, 26, 27, 30 and 31 of The Fac tories Act, being ,chapter 310 of the Revised Statutes of Alberta, 1942, are hereby repealed. 18. This Act shall come into force on the day upon which it is assented to.

No. 19. THIRD SESSION NINTH LEGISLATURE 7 GEORGE VI 1943 BILL

An Act to enact The Labour Welfare Act. Recei ved and read the First time ....................................... . Second time ........... . Third time ....................................... . HON. MR. MANNING. EDMONTON: A. Shnitka, King's Printer 1943 Title: 1943 (9th, 3rd) Bill 19,

An Act to enact The Labour Welfare Act

Document details

Collection	Alberta — Bills
Citation	L9 S3 7707
Type	bill
Volume / chapter	L9 S3 7707
Language	en
Format	json
Source	PROVINCIAL
Identifier	3c1cf5ffc5e89c22b2f58016ce9158011e13fc63

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