Section 200. General duty to protect health and safety of employees; enforcement  


Latest version.
  • 1. All places to which this chapter  applies  shall  be  so
      constructed,  equipped,  arranged,  operated and conducted as to provide
      reasonable and adequate protection to the lives, health  and  safety  of
      all  persons  employed  therein or lawfully frequenting such places. All
      machinery, equipment, and devices in such places  shall  be  so  placed,
      operated,  guarded,  and  lighted  as to provide reasonable and adequate
      protection to all such persons. The board may make rules to  carry  into
      effect the provisions of this section.
        2.  If the commissioner finds that any machinery, equipment, or device
      in any place to which this chapter applies is in a dangerous  condition,
      or  finds  that any area to which this chapter applies is in a dangerous
      condition, he may attach a  notice  to  such  machinery,  equipment,  or
      device, or post a notice in such area warning all persons of the danger.
      Such  notice  shall  prohibit  the  use of such machinery, equipment, or
      device or prohibit further work in or occupancy of such area  until  the
      dangerous  condition  is  corrected  and  the  notice  is removed by the
      commissioner. Upon receipt of a written notification from  the  employer
      that  the dangerous condition has been corrected, the commissioner shall
      make a reinspection within ten working days,  and  if  the  commissioner
      finds  that  the dangerous condition has been corrected, he shall remove
      the notice. The filing with the board of a petition for a review of  the
      validity  and  reasonableness  of  the  commissioner's order pursuant to
      section one  hundred  one  of  this  chapter,  shall  not  stay  further
      proceedings;  provided,  however, that the board, in its discretion, may
      upon application of the petitioner stay further proceedings.  The  board
      shall grant or deny such application for a stay within seventy-two hours
      after the filing of the application.
        3.  Whenever a notice is attached or posted as provided in subdivision
      two of this section, the attorney general may institute a proceeding  to
      enjoin  the  use  of  such  machinery, equipment, or device or to enjoin
      further work in or occupancy of such area. Such proceeding shall not  be
      stayed  by  the  filing with the board of a petition for a review of the
      validity or reasonableness of a commissioner's order pursuant to section
      one hundred one of this chapter.
        4. In the exercise of his powers to protect the health and  safety  of
      employees  the commissioner shall, in municipalities which have accepted
      the applicability of the state building construction code,  enforce  the
      provisions  of  such  code  in  factories, mercantile establishments and
      places of public assembly with respect to:  (a)  sanitation  and  health
      facilities;  (b)  guarding  against  and  minimizing fire and industrial
      radiation hazards;  (c)  safety  of  vertical  transportation;  and  (d)
      adequacy of exits.