CHAPTER 557*
EMPLOYMENT REGULATION

*Function of commissioner of labor with respect to this chapter. 129 C. 345.
Temporary injunctions would not be granted to restrain the enforcement of the penal provisions even if the enforcement of this chapter would be accompanied by injury to the plaintiff's property. 9 CS 116.

Table of Contents

Sec. 31-12. Hours of labor of minor, elderly and handicapped persons in manufacturing or mechanical establishments.
Sec. 31-13. Hours of labor of minors, elderly and handicapped persons in mercantile establishments.
Sec. 31-13a. Employer to furnish record of hours worked, wages earned and deductions.
Sec. 31-13b. Visible clock required as part of time card system.
Sec. 31-14. Night work of minors regulated.
Sec. 31-15. Penalty.
Sec. 31-16. Night work in messenger service.
Sec. 31-17. Hours of labor of minors and women in bowling alleys, shoe-shining establishments, billiard and pool rooms.
Sec. 31-18. Hours of labor of minors, elderly and handicapped persons in certain other establishments.
Secs. 31-19 and 31-20. Employment of women between one a.m. and six a.m. Hours of women entertainers.
Sec. 31-21. Legal day's work.
Sec. 31-22. Labor Commissioner's duties of enforcement and reports.
Sec. 31-23. Employment of minors prohibited in certain occupations. Exceptions.
Sec. 31-24. Hazardous employment of children forbidden. Penalty.
Sec. 31-25. Operation of elevators by minors.
Secs. 31-26 and 31-27. Employment of women before and after confinement. Seats to be provided for female employees.
Sec. 31-28. Registration of manufacturing and mechanical establishments.
Sec. 31-29. Manufacturing license for residential buildings.
Sec. 31-30. Home workers.
Sec. 31-31. Records of home workers and materials.
Sec. 31-32. Penalty.
Sec. 31-33. Regulation of industrial home work.
Sec. 31-34. Stained glass windows.
Sec. 31-35. Lighting and sanitary condition of factories and roundhouses.
Sec. 31-36. Toilet room required in foundries. Penalty.
Sec. 31-37. Toilet accommodations in manufacturing, mechanical and mercantile establishments and restaurants.
Sec. 31-38. Toilet accommodations on tobacco plantations.
Sec. 31-38a. Sanitary, lighting and heating facilities for railroad employees.
Sec. 31-38b. Commissioner to enforce.
Sec. 31-39. Employees in paper factory to be vaccinated.
Sec. 31-40. Reporting serious accidents in establishments or work places under jurisdiction of Labor Commissioner.
Sec. 31-40a. (Formerly Sec. 19-48). Reports of occupational diseases and investigations concerning them.
Sec. 31-40b. Employers required to provide lung function tests to certain employees.
Sec. 31-40c. Information and notice requirements for employers using or producing carcinogens.
Sec. 31-40d. Complaints of violations. Inspections. Discrimination prohibited.
Sec. 31-40e. Order to comply. Citation. Hearing. Appeal.
Sec. 31-40f. Penalties. Duties of Labor Commissioner. Private right of action.
Sec. 31-40g. Information requirements for employers using or producing substances hazardous to reproductive systems.
Sec. 31-40h. Sterilization as condition of employment prohibited.
Sec. 31-40i. Enforcement. Private right of action.
Sec. 31-40j. Definitions.
Sec. 31-40k. Employee's right to information concerning toxic substances. Employer's list.
Sec. 31-40l. Information requirements for employer using or producing toxic substances.
Sec. 31-40m. Information requirements of supplier of toxic substances. Labor Department assistance.
Sec. 31-40n. Trade secret protections. Registration with Labor Commissioner.
Sec. 31-40o. Discrimination prohibited. Waiver of rights void.
Sec. 31-40p. Severability.
Sec. 31-40q. Smoking in the workplace: Definitions; employers to establish nonsmoking areas; exemptions.
Sec. 31-40r. Regulations establishing guidelines for exemptions from nonsmoking area requirements.
Sec. 31-40s. Smoking or use of tobacco products outside of the workplace.
Sec. 31-40t. Employee's right to act in case of hazardous conditions. Complaints to and investigations by Labor Commissioner. Hearings. Regulations.
Sec. 31-40u. Regulations establishing guidelines for use of video display terminals in state facilities.
Sec. 31-40v. Establishment of safety and health committees by certain employers.
Sec. 31-41. Order to remove excessive dust.
Sec. 31-42. Appliances for threading shuttles.
Sec. 31-43. Public laundries; sanitation.
Sec. 31-44. Penalty for violation of orders.
Sec. 31-45. Emergency kits required in factories.
Sec. 31-45a. Protection of feet.
Secs. 31-46 and 31-46a. Safety regulations for workmen in building operations. Regulations for safe working conditions where no other provision; industrial safety committee.
Sec. 31-47. Inspection of employee lodging houses.
Sec. 31-48. Laborers not to be overcharged.
Sec. 31-48a. Recruitment or referral of professional strikebreaker restricted.
Sec. 31-48b. Use of electronic surveillance devices by employers limited. Prohibition on recording negotiations between employers and employees.
Sec. 31-48c. Hiring of municipal police during labor dispute prohibited.
Sec. 31-48d. Employers engaged in electronic monitoring required to give prior notice to employees. Exceptions. Civil penalty.
Sec. 31-49. Care required of a master for his servant's safety.
Sec. 31-50. Enforcement.
Sec. 31-51. Blacklisting.
Sec. 31-51a. Apprenticeship. Definitions.
Sec. 31-51b. Apprenticeship council.
Sec. 31-51c. Powers and duties of council.
Sec. 31-51d. Labor Commissioner's powers and duties.
Sec. 31-51e. Program of apprentice training.
Sec. 31-51f. Participation in Manpower Development and Training Act.
Sec. 31-51g. Use of polygraph prohibited. Penalty. Exceptions.
Sec. 31-51h. Employer not to cancel insurance coverage or cease making contributions to welfare fund of employee eligible to receive or receiving workers' compensation or sick leave payments. Employer accident report. Complaint. Hearing. Appeal.
Sec. 31-51i. Arrest record on job application form.
Sec. 31-51j. Preclusion of apprentice training programs prohibited.
Sec. 31-51k. Employment of alien not entitled to residence.
Sec. 31-51l. Leave of absence for certain public and private employees elected to public office.
Sec. 31-51m. Protection of employee who discloses employer's illegal activities or unethical practices. Civil action.
Sec. 31-51n. Definitions.
Sec. 31-51o. Continuation of group health insurance for employees affected by relocation or closing of covered establishment. Exceptions.
Sec. 31-51p. Membership in health care center as part of health benefits plan.
Sec. 31-51q. Liability of employer for discipline or discharge of employee on account of employee's exercise of certain constitutional rights.
Sec. 31-51r. Execution of employment promissory note prohibited.
Sec. 31-51s. Notice to retired employees of sale of employer's business and effect on retirement benefits.
Sec. 31-51t. Drug testing: Definitions.
Sec. 31-51u. Drug testing: Requirements.
Sec. 31-51v. Drug testing: Prospective employees.
Sec. 31-51w. Drug testing: Observation prohibited. Privacy of results.
Sec. 31-51x. Drug testing: Reasonable suspicion required. Random tests.
Sec. 31-51y. Drug testing: Medical screenings, regulation of employees and testing of gaming participants permitted.
Sec. 31-51z. Drug testing: Enforcement. Damages.
Sec. 31-51aa. Drug testing: Effect of collective bargaining agreement.
Sec. 31-51bb. Right of employee to pursue cause of action.
Secs. 31-51cc to 31-51gg. Family and medical leave: Definitions, length of leave, eligibility. Prohibition of discrimination. Regulations, report. Phase-in provisions. Report on establishment of state-wide job bank.
Sec. 31-51hh. Reimbursement by employee of any loss or shortage resulting from wrongdoing by a customer.
Sec. 31-51ii. Meal periods. Exemptions. Regulations.
Sec. 31-51jj. Notice to employees of incoming emergency telephone calls.
Sec. 31-51kk. Family and medical leave: Definitions.
Sec. 31-51ll. Family and medical leave: Length of leave. Eligibility.
Sec. 31-51mm. Family and medical leave: Certification.
Sec. 31-51nn. Family and medical leave: Employment and benefits protection.
Sec. 31-51oo. Family and medical leave: Confidentiality of medical records and documents.
Sec. 31-51pp. Family and medical leave: Prohibited acts.
Sec. 31-51qq. Family and medical leave: Regulations, report.
Secs. 31-51rr to 31-51vv.
Sec. 31-51ww. Individual development account programs: Definitions.
Sec. 31-51xx. Connecticut IDA Initiative established. Implementation.
Sec. 31-51yy. Eligibility. Duties of community-based organizations and financial institutions.
Sec. 31-51zz. Individual Development Account Reserve Fund: Funds deposited in.
Sec. 31-51aaa. Individual Development Account Reserve Fund: Use and administration.
Sec. 31-51bbb. Account funds excluded in determination of eligibility for or benefit level of certain programs.
Sec. 31-51ccc. Program evaluation. Report.
Sec. 31-51ddd. Regulations.
Sec. 31-51eee. Receipt of funds authorized.
Sec. 31-51fff. Restrictions on funding expenditures to apply.
Sec. 31-52. Preference to state citizens in construction of public buildings. Enforcement of violations.
Sec. 31-52a. Residents' preference in work on other public facilities.
Sec. 31-52b. Exceptions.
Sec. 31-53. Construction, alteration or repair of public works projects by state or political subdivision; wage rates; certified payroll. Penalties for violations.
Sec. 31-53a. List of violators. Limitation on awarding of contracts. Distribution of accrued payments. Right of action.
Sec. 31-54. Rate of wages for work on state highways.
Sec. 31-55. Posting of wage rates by contractors doing state work.
Sec. 31-56. Hours of labor on state bridges.
Sec. 31-57. Hours of labor on construction, alteration or repair of public works project.
Sec. 31-57a. Awarding of contracts to National Labor Relations Act violators prohibited.
Sec. 31-57b. Awarding of contracts to occupational safety and health law violators prohibited.
Sec. 31-57c. Disqualification of certain contractors from bidding on, applying for or participating in public works contracts with the state: Disqualification by Commissioner of Public Works; procedure; causes. Exception permitting disqualified contractor to participate in contract or subcontract.
Sec. 31-57d. Disqualification of certain contractors from bidding on, applying for or participating in public works contracts with the state: Disqualification by Commissioner of Transportation; procedure; causes. Exception permitting disqualified contractor to participate in contract or subcontract.
Sec. 31-57e. Contracts between the state and federally recognized Indian tribes. Employment Rights Code; protection of persons employed by a tribe.
Sec. 31-57f. Standard wage rate for certain service workers. Definitions. Standard rate required. Civil penalty. Complaints. Determination of standard rate by Labor Commissioner. Effect on employers bound by collective bargaining agreements. Recordkeeping requirement. Penalty for filing false certified payroll. Exemptions. Regulations.


PART I
HOURS OF LABOR

Sec. 31-12. Hours of labor of minor, elderly and handicapped persons in manufacturing or mechanical establishments. (a) None of the following persons under the conditions hereinafter described shall be employed in any manufacturing or mechanical establishment more than nine hours in any day or forty-eight hours in any calendar week: (1) Persons under the age of eighteen years who are not enrolled in and have not graduated from a secondary educational institution; (2) persons sixty-six years of age or older, except with their consent; (3) handicapped persons, so designated by medical or governmental authority, except with their consent and after certification by a physician that the extended hours of work will not be injurious to their health; (4) disabled veterans, as defined under state or federal law, except with their consent and after certification by a physician that the extended hours of work will not be injurious to their health.
(b) If the Labor Commissioner finds, upon application of an employer, that an emergency exists or that seasonal or peak demand places an unusual and temporary burden upon any manufacturing or mechanical establishment, any such person may be employed in such establishment not more than ten hours in any day nor more than fifty- five hours in any calendar week, but the total number of weeks of any such employment in any twelve consecutive months shall not exceed twelve.
(c) With respect to any group, category or class of employees for which a work week of less than five days has been established or agreed upon, the employer shall adhere to the applicable weekly limitation period herein prescribed but may extend the number of hours per day for each day of the shortened work week provided the number of hours shall be the same for each day of the work week.
(d) In the event of war or other national emergency, the commissioner after investigation may, with the approval of the Governor, extend the number of weeks of any such employment if such extension is necessary to meet scheduled production of war or critical material.
(e) No person under eighteen years of age shall be employed in any manufacturing or mechanical establishment more than (1) six hours in any regularly scheduled school day unless the regularly scheduled school day immediately precedes a nonschool day or eight hours in any other day, and (2) thirty-two hours in any calendar week during which the school in which such person is enrolled is in session, or forty-eight hours in any calendar week during which the school in which such person is enrolled is not in session. Notwithstanding any provision of this section, the number of hours such person participates in a work experience that is part of an approved educational plan, cooperative program or school-to-work program shall not be counted against the daily or weekly limits set forth in this section.
(f) Any person who, or firm or corporation which, violates any of the provisions of this section shall be fined not more than twenty-five dollars for the first offense and be fined not more than one hundred dollars or imprisoned not more than thirty days or both for any subsequent offense.
(g) The provisions of this section shall not apply to permanent salaried employees in executive, administrative or professional positions as defined by the Labor Commissioner, or to persons under eighteen years of age who have graduated from a secondary educational institution.
(1949 Rev., S. 7343; September, 1950, S. 3009d; 1963, P.A. 158; 1969, P.A. 802, S. 1; P.A. 73-65, S. 1, 2; P.A. 85- 28, S. 1; P.A. 98-210, S. 1.)
History: 1963 act deleted provision requiring employers' to post required work hours for minors and women and prohibiting employment of such persons for longer on any day than posted required hours and added provision excluding permanent salaried employees in executive, administrative or professional positions from section provisions; 1969 act changed maximum number of weeks in a year when ten-hour days or fifty-five hour weeks may be required from eight to twelve; P.A. 73-65 deleted women from applicability of provisions and extended applicability to cover persons sixty-six and older, handicapped persons and disabled veterans and added provision re shortened work weeks; P.A. 85-28 exempted persons who have graduated from a secondary educational institution from the employment restrictions placed on minors; P.A. 98-210 clarified that applicability is to persons under eighteen years of age who are not enrolled in and have not graduated from a secondary educational institution, reduced the number of hours a student under eighteen years of age may work in a manufacturing or mechanical establishment while school is in session, created an exemption for graduates under eighteen years of age, and added alphabetic Subsec. indicators and numeric Subdiv. indicators.
Cited. 203 C. 34, 36.

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Sec. 31-13. Hours of labor of minors, elderly and handicapped persons in mercantile establishments. (a) None of the following persons under the conditions hereinafter described shall be employed in any mercantile establishment more than eight hours in any one day, or more than six days in any one calendar week or more than forty-eight hours in any one calendar week: (1) Persons under the age of eighteen years who are not enrolled in and have not graduated from a secondary educational institution; (2) persons sixty-six years of age or older, except with their consent; (3) handicapped persons, so designated by medical or governmental authority, except with their consent and after certification by a physician that the extended hours of work will not be injurious to their health; (4) disabled veterans, as defined under state or federal law, except with their consent and after certification by a physician that the extended hours of work will not be injurious to their health; but any such person may be permitted to work in any such establishment one day in any calendar week for not more than ten hours, for the purpose of making one shorter day during such week, and any employer who, during any year, gives not fewer than seven holidays with pay shall be exempt from the foregoing provisions hereof during the period from the eighteenth to the twenty-fifth day of December of such year.
(b) If the Labor Commissioner finds, upon application of an employer, that an emergency exists or that seasonal or peak demand places an unusual and temporary burden upon any mercantile establishment, any such person may be employed in such establishment not more than ten hours in any day nor more than fifty-two hours in any calendar week, but the total number of weeks of any such employment in any twelve months shall not exceed eight.
(c) No person under eighteen years of age shall be employed in any mercantile establishment more than (1) six hours in any regularly scheduled school day unless the regularly scheduled school day immediately precedes a nonschool day or eight hours in any other day, and (2) thirty-two hours in any calendar week during which the school in which such person is enrolled is in session, or forty-eight hours in any other calendar week during which the school in which such person is enrolled is not is session. Notwithstanding any provision of this section, the number of hours such person participates in a work experience that is part of an approved educational plan, cooperative program or school-to-work program shall not be counted against the daily or weekly limits set forth in this section.
(d) Each employer in any such establishment shall post in a conspicuous place in each room where such persons are employed a notice, the form of which shall be furnished by the Labor Commissioner, stating specifically the hours of work required of such persons on each day of the week, and the employment of any such persons for a longer time than so stated shall be a violation of this section.
(e) Any person who violates any provision of this section shall be fined not more than one hundred dollars for each offense.
(f) The provisions of this section shall not apply to permanent salaried employees in executive, managerial or supervisory positions excepted from the provisions of part I of chapter 558 who receive a regular salary of not less than the minimum fixed for such employment in any wage order or administrative regulation issued under authority of said part, or to persons under eighteen years of age who have graduated from a secondary educational institution.
(1949 Rev., S. 7344; 1953, S. 3010d; 1969, P.A. 802, S. 2; P.A. 73-83, S. 1, 3; P.A. 85-28, S. 2; P.A. 98-210, S. 2.)
History: 1969 act increased period during which ten-hour days and fifty-two hour weeks are permissible from four to eight weeks during any year; P.A. 73-83 deleted women from applicability of provisions and extended applicability to cover persons sixty-six or older, handicapped persons and disabled veterans; P.A. 85-28 exempted persons who have graduated from a secondary educational institution from the employment restrictions placed on minors; P.A. 98-210 clarified that applicability is to persons under eighteen years of age who are not enrolled in and have not graduated from a secondary educational institution, reduced the number of hours a student under eighteen years of age may work in a mercantile establishment while school is in session, created an exemption for graduates under eighteen years of age, and added alphabetic Subsec. indicators and numeric Subdiv. indicators.
Cited. 129 C. 339.
Nominal president deemed an employee. 10 CS 171.

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Sec. 31-13a. Employer to furnish record of hours worked, wages earned and deductions. With each wage payment each employer shall furnish to each employee in writing a record of hours worked, the gross earnings showing straight time and overtime as separate entries, itemized deductions and net earnings, except that the furnishing of a record of hours worked and the separation of straight time and overtime earnings shall not apply in the case of any employee with respect to whom the employer is specifically exempt from the keeping of time records and the payment of overtime under the Connecticut Minimum Wage Act or the Fair Labor Standards Act.
(1959, P.A. 338; P.A. 80-79.)
History: P.A. 80-79 required that employees be furnished records of earnings "showing straight time and overtime as separate entries", specified that provisions are inapplicable where employer is exempt from paying overtime and deleted provisions which had excluded salaried employees from applicability.

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Sec. 31-13b. Visible clock required as part of time card system. On and after January 1, 1977, no employer, private, municipal or state, shall use a time card system, recording clock or other device intended to record the work time of an employee unless such system, clock or device has incorporated within it a clock which is synchronized with such system, clock or device and which is displayed so as to be easily visible.
(P.A. 76-87.)

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Sec. 31-14. Night work of minors regulated. (a) No person under eighteen years of age shall be employed in any manufacturing, mechanical or mercantile establishment between the hours of ten o'clock in the evening and six o'clock in the morning, except that such persons may be employed in any manufacturing, mechanical or mercantile establishment until eleven o'clock in the evening or any supermarket until twelve o'clock midnight on any night other than a night preceding a regularly scheduled school day. No such person may be discharged or discriminated against in any manner for refusing to work later than ten o'clock in the evening.
(b) In the event of war or other serious emergency, the Governor may suspend the limitations upon evening or night work contained in this section as to any industries or occupations as he may find such emergency demands.
(c) The provisions of this section shall not apply to persons under eighteen years of age who have graduated from a secondary educational institution.
(d) For purposes of this section, "supermarket" means any retail food store occupying a total retail sales area of more than three thousand five hundred square feet.
(1949 Rev., S. 7345; P.A. 84-501, S. 1; P.A. 85-28, S. 3; P.A. 98-210, S. 3.)
History: P.A. 84-501 provided that minors may be employed in supermarkets until midnight on nights not preceding a school day, but prohibited discrimination for refusing to work the extra hours, and defined "supermarket"; P.A. 85-28 exempted persons who have graduated from a secondary educational institution from the employment restrictions placed on minors; P.A. 98-210 established eleven p.m. limit for employment of persons under eighteen years of age on days preceding nonschool days in manufacturing, mechanical and mercantile establishments, replaced the term "minor" with the term "person" throughout section, and added alphabetic Subsec. indicators and numeric Subdiv. indicators.
Cited. 126 C. 682.

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Sec. 31-15. Penalty. (a) Any person who wilfully employs, or has in his employment or under his charge, any person in violation of section 31-14 and who permits any such person to be so employed shall be fined not more than fifty dollars for the first offense and be fined not more than two hundred dollars or imprisoned not more than thirty days or both for any subsequent offense.
(b) Any parent or guardian who permits any minor to be employed in violation of section 31-12, 31-13 or 31-14 shall be fined not more than fifty dollars for each offense.
(c) A certificate of the age of a person made as provided in section 10-193 shall be conclusive evidence of his age upon the trial of any person other than the parent or guardian for violation of any provision of said section 31-12, 31-13 or 31-14.
(d) Nothing in this chapter shall affect the provisions of section 10-184.
(1949 Rev., S. 7346; P.A. 86-333, S. 25, 32; P.A. 97-263, S. 7; P.A. 98-210, S. 4.)
History: P.A. 86-333 deleted reference to repealed Sec. 10-189; P.A. 97-263 doubled the amount of all fines; P.A. 98- 210 replaced the term "minor" with the term "person" throughout section and added alphabetic Subsec. indicators and numeric Subdiv. indicators.

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Sec. 31-16. Night work in messenger service. No person under the age of eighteen years shall be employed by any telegraph or messenger company, in cities having a population of twenty thousand or over, to distribute, transmit or deliver goods or messages between the hours of ten o'clock at night and five o'clock in the morning. The manager of the office of any corporation who violates any provision of this section shall be fined not more than fifty dollars for each day of such employment. The provisions of this section shall not apply to persons under the age of eighteen who have graduated from a secondary educational institution.
(1949 Rev., S. 7347; P.A. 85-28, S. 4; P.A. 97-263, S. 8.)
History: P.A. 85-28 exempted persons who have graduated from a secondary educational institution from the employment restrictions placed on minors; P.A. 97-263 increased amount of fine from twenty to fifty dollars.

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Sec. 31-17. Hours of labor of minors and women in bowling alleys, shoe-shining establishments, billiard and pool rooms. Section 31-17 is repealed.
(1949 Rev., S. 7348; 1963, P.A. 159.)
See Sec. 31-18.

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Sec. 31-18. Hours of labor of minors, elderly and handicapped persons in certain other establishments. (a) No public restaurant, cafe, dining room, barber shop, hairdressing or manicuring establishment, amusement or recreational establishment, bowling alley, shoe-shining establishment, billiard or pool room or photograph gallery shall employ or permit to work any person under eighteen years of age (1) between the hours of ten o'clock in the evening and six o'clock in the morning, or any of the persons described below under conditions herein set forth more than nine hours in any day: (A) Persons sixty-six years of age or older, except with their consent; (B) handicapped persons, so designated by medical or governmental authority, except with their consent and after certification by a physician that the extended hours of work will not be injurious to their health; (C) disabled veterans, as defined under state or federal law, except with their consent and after certification by a physician that the extended hours of work will not be injurious to their health; provided any such person may be permitted to work in any such establishment one day in a week for not more than ten hours on such day, but not more than six days or forty-eight hours in any one week, and provided further, persons between sixteen and eighteen years of age may be employed in any amusement or recreational establishment, restaurant, cafe or dining room, or employed in any theater until twelve o'clock midnight unless such persons are regularly attending school in which case such minors may be employed until eleven o'clock in the evening on days which precede a regularly scheduled school day and until twelve o'clock midnight during any regular school vacation season and on days which do not precede a regularly scheduled school day, and (2) more than (A) six hours in any regularly scheduled school day unless the regularly scheduled school day immediately precedes a nonschool day or eight hours in any other day, and (B) thirty-two hours in any calendar week during which the school in which such person is enrolled is in session or forty-eight hours in any other calendar week during which the school in which such person is enrolled is not in session. Notwithstanding any provision of this section, the number of hours such person participates in a work experience that is part of an approved educational plan, cooperative program or school-to-work program shall not be counted against the daily or weekly limits set forth in this section.
(b) The hours of labor of such persons shall be conspicuously posted in such establishment in such form and manner as the Labor Commissioner determines.
(c) The provisions of this section shall not apply to any person under eighteen years of age who has graduated from a secondary educational institution.
(d) Any person who violates any provision of this section shall be fined not more than two hundred dollars for each offense.
(1949 Rev., S. 7349; 1963, P.A. 160; 1971, P.A. 479; P.A. 73-83, S. 2, 3; 73-84; 73-616, S. 63; P.A. 77-204; P.A. 81- 114; P.A. 85-28, S. 5; P.A. 97-263, S. 9; P.A. 98-210, S. 5.)
History: 1963 act extended applicability to cover amusement or recreational establishments, bowling alleys, shoe- shining establishments and billiard or pool rooms; 1971 act added provision re employment of minors between sixteen and eighteen years old who do not regularly attend school, in restaurants, cafes or dining rooms; P.A. 73-83 deleted provision prohibiting employment of women for more than nine hours a day in specified establishments and extended nine-hour limit to persons sixty-six or older, handicapped persons and disabled veterans; P.A. 73-84 allowed employment of persons sixteen to eighteen years old who do not regularly attend school, in restaurants, cafes and dining rooms until midnight rather than eleven p.m. as was previously the case; P.A. 73-616 extended midnight limit for employment of minors in eating establishments to persons who regularly attend school, during vacations and days which do not precede school days; P.A. 77-204 made provisions re minors between sixteen and eighteen years old applicable to those employed as ushers in nonprofit theaters; P.A. 81-114 allowed minors who regularly attend school to work in restaurants, cafes or theaters until eleven o'clock in the evening on days preceding school days and replaced alphabetic Subdiv. indicators with numeric indicators; P.A. 85-28 exempted persons who have graduated from a secondary educational institution from the employment restrictions placed on minors; P.A. 97-263 increased the amount of fine from one hundred to two hundred dollars; P.A. 98-210 allowed employment of persons between sixteen and eighteen years of age who do not regularly attend school, in amusement and recreational establishments and for-profit theaters until midnight rather than ten p.m. as was previously the case, limited employment of persons between sixteen and eighteen years of age who regularly attend school, in public restaurants, cafes, dining rooms, barber shops, bowling alleys, hairdressing, manicuring, amusement, recreational or shoe shining establishments while school is in session, deleted the exemption for hotel establishments, created an exemption for graduates under eighteen years of age, replaced the term "minor" with the term "person" throughout the section and added alphabetic Subsec. indicators and numeric Subdiv. indicators.
Former statute a valid exercise of police power. 126 C. 678. Women entertainers within statute. Id.
Constitutionality. 14 CS 485. Prohibition of employment of females between designated hours in certain establishments held to be valid exercise of police powers. Id.

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Secs. 31-19 and 31-20. Employment of women between one a.m. and six a.m. Hours of women entertainers. Sections 31-19 and 31-20 are repealed.
(1949 Rev., S. 7350, 7351; 1949, S. 3011; 1972, P.A. 127, S. 60; P.A. 74-185, S. 5.)

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Sec. 31-21. Legal day's work. Eight hours of labor performed in any one day by any one person shall be a legal day's work unless otherwise agreed.
(1949 Rev., S. 7355.)
Statute is superseded by agreement express or implied; earnings on excess above eight hours, in absence of agreement, not recoverable. 37 C. 221.
Cited. 18 CS 158.

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Sec. 31-22. Labor Commissioner's duties of enforcement and reports. The Labor Commissioner shall examine into the employment of minors and into the observance of the regulations contained in parts I and II of this chapter and part II of chapter 558, investigate all complaints of violations thereof and report all cases of such violations to the prosecuting officer having jurisdiction thereof. Said commissioner shall include in his annual report to the Governor, as provided in section 4-60, the number of such violations so reported by him and of the prosecutions instituted thereon.
(1949 Rev., S. 7370; September, 1957, P.A. 11, S. 13; P.A. 74-185, S. 2.)
History: P.A. 74-185 deleted references to commissioner's duty to study employment of women.

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PART II
PROTECTION OF EMPLOYEES

Sec. 31-23. Employment of minors prohibited in certain occupations. Exceptions. (a) No minor under sixteen years of age shall be employed or permitted to work in any manufacturing, mechanical, mercantile or theatrical industry, restaurant or public dining room, or in any bowling alley, shoe-shining establishment or barber shop, provided the Labor Commissioner may authorize such employment of any minor between the ages of fourteen and sixteen who is enrolled in (1) a public school in a work-study program as defined and approved by the Commissioner of Education and the Labor Commissioner or in a program established pursuant to section 10-20a or (2) a summer work-recreation program sponsored by a town, city or borough or by a human resources development agency which has been approved by the Labor Commissioner, or both, and provided the prohibitions of this section shall not apply to any minor over the age of fourteen who is under vocational probation pursuant to an order of the Superior Court as provided in section 46b-140 or to any minor over the age of fourteen who has been placed on vocational parole by the Commissioner of Children and Families.
(b) (1) Notwithstanding the provisions of subsection (a) of this section, a minor who has reached the age of fifteen may be employed or permitted to work in any mercantile establishment, from June 19, 1992, to September 30, 2002, inclusive, as a bagger, cashier or stock clerk, provided such employment shall be (A) limited to periods of school vacation during which school is not in session for five consecutive days or more except that such minor employed in a retail food store who may work on any Saturday during the year; (B) for not more than forty hours in any week; (C) for not more than eight hours in any day; and (D) between the hours of seven o'clock in the morning and seven o'clock in the evening, except that from July first to the first Monday in September in any year, any such minor may be employed until nine o'clock in the evening. (2) Each person who employs a fifteen-year-old minor in any mercantile establishment pursuant to this subsection shall obtain a certificate stating that such minor is fifteen years of age or older, as provided in section 10-193. Such certificate shall be kept on file at the place of employment and shall be available at all times during business hours to the inspectors of the Labor Department. (3) The Labor Commissioner may adopt regulations, in accordance with the provisions of chapter 54, as he deems necessary to implement the provisions of this subsection.
(c) No minor under the age of eighteen years shall be employed or permitted to work in any occupation which has been or shall be pronounced hazardous to health by the Department of Public Health or pronounced hazardous in other respects by the Labor Department. This section shall not apply to the employment or enrollment of minors sixteen years of age and over as apprentices in bona fide apprenticeship courses in manufacturing or mechanical establishments, vocational schools or public schools, or to the employment of such minors who have graduated from a public or private secondary or vocational school, in any manufacturing or mechanical establishment or to the enrollment of such minors in a cooperative work-study program approved by the Commissioner of Education and the Labor Commissioner or in a program established pursuant to section 10-20a. No provision of this section shall apply to agricultural employment, domestic service, street trades or the distribution of newspapers. For purposes of this subsection, the term "cooperative work-study program" means a program of vocational education, approved by the Commissioner of Education and the Labor Commissioner, for persons who, through a cooperative arrangement between the school and employers, receive instruction, including required academic courses and related vocational instruction by alternation of study in school with a job in any occupational field, provided these two experiences are planned and supervised by the school and employers so that each contributes to the student's education and to his employability. Work periods and school attendance may be on alternate half days, full days, weeks or other periods of time in fulfilling the cooperative work-study program.
(d) Each person who employs a minor under the age of eighteen years shall obtain a certificate stating the age of such minor as provided in section 10-193. Such certificates shall be kept on file at the place of employment and shall be available at all times during business hours to the inspectors of the Labor Department.
(e) Any person, whether acting for himself or as an agent for another, who employs or authorizes or permits to be employed any minor in violation of this section shall be fined not more than two hundred dollars.
(1949 Rev., S. 7352; February, 1965, P.A. 186, S. 1; 1969, P.A. 203, S. 1; 498, S. 2; P.A. 73-49, S. 2, 3; P.A. 75-16; 75-282; P.A. 76-436, S. 617, 681; P.A. 77-614, S. 323, 610; P.A. 86-333, S. 26, 32; P.A. 87-195, S. 1; P.A. 88-360, S. 52, 53, 63; May Sp. Sess. P.A. 92-16, S. 85, 89; P.A. 93-91, S. 1, 2; 93-381, S. 9, 39; P.A. 94-116, S. 27, 28; P.A. 95-257, S. 12, 21, 58; P.A. 97-38; 97-263, S. 10; P.A. 00-144, S. 3.)
History: 1965 act authorized employment of minor between fourteen and sixteen years old who is enrolled in school in a work-study program in Subsec. (a); 1969 acts authorized employment of minors between fourteen and sixteen in summer work-recreation programs and specified that prohibitions of section do not apply to minors over fourteen years old who are under vocational probation by order of juvenile court in Subsec. (a); P.A. 73-49 specified that provisions do not apply to minors over fourteen years old who are placed on vocational probation by children and youth services commissioner in Subsec. (a); P.A. 75-16 defined "cooperative work-study program" in Subsec. (b) and specified that provisions do not apply to minors enrolled in such programs approved by state board of education and labor commissioner; P.A. 75- 282 specified in Subsec. (b) that provisions do not apply to minors who have graduated from secondary or vocational schools who are employed in a manufacturing or mechanical establishment; P.A. 76-436 replaced juvenile court with superior court in Subsec. (a), effective July 1, 1978; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 86-333 deleted reference to repealed Sec. 10-189 in Subsec. (c); P.A. 87-195 inserted new Subsec. (b) permitting minors who are fifteen years of age to work in any mercantile establishment as baggers, cashiers or stock clerks until September 30, 1992, with certain restrictions on the hours of work and relettered prior Subsecs. (b) to (d), inclusive, accordingly; P.A. 88-360 in Subdiv. (2) of Subsec. (b) provided that the certificate be obtained pursuant to Sec. 10-193, i.e., from the superintendent of schools, rather than from the state board of education and in Subsec. (d) deleted the provision specifying that the certificate be obtained from the state board of education; May Sp. Sess. P.A. 92- 16 amended Subsec. (b) by limiting employment of minors fifteen years of age to school vacations of five consecutive days or longer and deleting provision limiting employment of such minors to not more than two consecutive days without a day off; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 94-116 replaced references to "state board" with "commissioner" and added a provision allowing minors to participate in the Connecticut career certificate program under Sec. 10-20a, effective July 1, 1994; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 97-38 amended Subsec. (b) to extend period a minor may work in any mercantile establishment to September 30, 2002; P.A. 97-263 amended Subsec. (e) to increase amount of fine from one hundred to two hundred dollars; P.A. 00-144 amended Subsec. (b) by adding provision permitting minor employed in a retail food store to work on any Saturday.
See Secs. 22-13 to 22-17, inclusive, re employment of minors in agriculture.
See Sec. 46b-140(g) re employment of certain children for whom continued school attendance is deemed to be of no benefit.
Child employed in violation of this section is not thereby precluded from compensation for injury otherwise compensable. 95 C. 164. Former statute cited. 111 C. 232. Violation of statute as actionable cause of death. 129 C. 439. Although employed in violation of statute, plaintiff within workmen's compensation act. 131 C. 157.
Subsec. (b):
Cited. 203 C. 34−38. Cited. 221 C. 465, 467.
Subsec. (c):
Cited. 221 C. 465, 467.
Subsec. (d):
Cited. 221 C. 465, 467.

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Sec. 31-24. Hazardous employment of children forbidden. Penalty. Except in state vocational schools or in public schools teaching manual training, no child under sixteen years of age shall be employed or permitted to work in adjusting or assisting in adjusting any belt upon any machine, or in oiling or assisting in oiling, wiping or cleaning machinery, while power is attached, or in preparing any composition in which dangerous acids are used, or in soldering, or in the manufacture or packing of paints, dry colors or red or white lead, or in the manufacture, packing or storing of gun or blasting powder, dynamite, nitroglycerine compounds, safety fuses in the raw or unvarnished state, electric fuses for blasting purposes or any other explosive, or in the manufacture or use of any dangerous or poisonous gas or dye, or composition of lye in which the quantity thereof is injurious to health, or upon any scaffolding, or in any heavy work in any building trade or in any tunnel, mine or quarry, or in operating or assisting to operate any emery, stone or buffing wheel; and, except as otherwise provided in subsection (b) of section 31-23, no child under sixteen years of age shall be employed or permitted to work in any capacity requiring such child to stand continuously. Any person, whether acting for himself or as agent for another, who employs or authorizes or permits to be employed any child in violation of any of the provisions of this section shall be fined not more than two hundred dollars.
(1949 Rev., S. 7353; P.A. 74-185, S. 3; P.A. 87-195, S. 2; P.A. 97-263, S. 11.)
History: P.A. 74-185 prohibited employment of all children under sixteen, regardless of sex, in capacity which requires continuous standing where previously prohibition applied to females only; P.A. 87-195 allowed children under sixteen years of age to work in jobs requiring them to stand continuously as provided in Sec. 31-23; P.A. 97-263 increased amount of fine from one hundred to two hundred dollars.
Cited. 243 C. 66.

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Sec. 31-25. Operation of elevators by minors. No person under sixteen years of age shall be employed or permitted to have the care, custody, operation or management of an elevator; any person, partnership or corporation violating this provision shall be fined not more than fifty dollars for each offense. No person under eighteen years of age shall be employed or permitted to have the care, custody, management or operation of an elevator, either for freight or passengers, running at a speed of over two hundred feet per minute; any person, whether acting for himself or as agent for another, who authorizes or permits the employment of any person in violation of this provision shall be fined not more than two hundred dollars.
(1949 Rev., S. 7354; P.A. 97-263, S. 12.)
History: P.A. 97-263 doubled the amount of both fines.

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Secs. 31-26 and 31-27. Employment of women before and after confinement. Seats to be provided for female employees. Sections 31-26 and 31-27 are repealed.
(1949 Rev., S. 7357, 7368; 1972, P.A. 53, S. 1; P.A. 74-185, S. 5.)

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Sec. 31-28. Registration of manufacturing and mechanical establishments. (a) Each person who operates or intends to operate in this state any manufacturing or mechanical establishment which has not been registered with the Labor Commissioner or included by him in the "List of Connecticut Factories" shall register each establishment so operated or to be operated with said commissioner, stating, on forms to be supplied by the commissioner, the name and address of the owner, the name under which the business is carried on, the nature of the business, the location of the establishment and such other pertinent information as the commissioner requires. No such person shall open any such establishment until he has secured a certificate of registration signed by the commissioner or his authorized deputy. No such person shall change the location of his place of business until he has secured a certificate of registration for the new place of business, signed by the commissioner or his authorized deputy. Such certificates shall be issued forthwith upon registration and in any event before the expiration of forty- eight hours from the receipt of such registration in the office of the commissioner or his authorized deputy.
(b) Any employer covered by this section who fails to register in compliance with the provisions of this section shall, for the first offense, be fined not less than twenty- five dollars nor more than one hundred dollars and, for any subsequent offense, be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than sixty days or be both fined and imprisoned.
(1949 Rev., S. 3748.)

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Sec. 31-29. Manufacturing license for residential buildings. No person, except a member of the immediate family residing in a dwelling house, tenement house, rooming house, apartment house or other residential building, and no firm, partnership or corporation shall use such building, in whole or in part, for the manufacture of any products, or parts thereof, until the owner thereof has obtained from the Labor Commissioner a license authorizing its use for such purpose. Said commissioner shall, before granting such license, establish the fact, by thorough inspection, that the building conforms in every respect to the requirements of the general statutes relating to heat, light, safety, health, ventilation and sanitation. The fee for such inspection, which shall accompany such application, shall be twenty-five dollars, payable, whether a license is granted or not, to the Labor Department.
(1949 Rev., S. 3762.)

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Sec. 31-30. Home workers. Any person, other than a member of the immediate family residing therein, who, or firm, partnership or corporation which, engages in the manufacture of any products, or parts thereof, in any dwelling house, tenement house, rooming house, apartment house or other residential building, which has been licensed in accordance with section 31-29, shall conform in every respect to the provisions of the general statutes governing the registration and operation of manufacturing and mechanical establishments. Any member or members of the immediate family residing in any dwelling house, tenement house, rooming house, apartment house or other residential building, whether licensed for such purpose or not, may use such place of residence for the purpose of manufacturing products, or parts thereof, either on their own behalf, or on behalf of other manufacturing or mechanical establishments located within the state as hereinafter provided. Such home workers shall conform in every respect to the provisions of the general statutes governing the working hours and conditions of women and minors in manufacturing and mechanical establishments, and, in the observance thereof, they shall be subject to inspection under the supervision of said commissioner. Said commissioner shall report to the board of health, humane society or other agency having jurisdiction any condition believed to be unhealthful, insanitary or otherwise prejudicial to the well-being of such home workers, in order that such condition may be investigated and corrected by such agency.
(1949 Rev., S. 3763.)

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Sec. 31-31. Records of home workers and materials. Manufacturing and mechanical establishments may furnish materials to be manufactured in whole or in part by home workers, if such establishments are located within the state and subject to inspection and supervision by said commissioner or other agencies, as authorized by the general statutes, for the protection of life and health. Such establishments shall record the names and home addresses of all persons to whom materials for manufacturing purposes have been furnished and all payments made to such persons for work thus performed. All such records shall be preserved at least three years. They shall be accessible, during the actual operating hours of such establishments, to said commissioner or his representatives upon presentation of properly executed credentials, in order that the inspection and supervision of home work as provided by section 31-30 may be conducted freely and expeditiously at the discretion of said commissioner.
(1949 Rev., S. 3764.)

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Sec. 31-32. Penalty. Any person who, or firm, partnership or corporation which, violates any provision of sections 31-29 to 31-31, inclusive, shall be fined not more than five hundred dollars for each separate offense.
(1949 Rev., S. 3765.)

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Sec. 31-33. Regulation of industrial home work. (a) The following terms, as used in this section, shall have the meanings hereinafter specified, unless the context indicates otherwise. (1) "Person" means an individual, a corporation, a limited liability company, a partnership, an association, a joint stock company or a trust or any other unincorporated organization, except charitable organizations. (2) "To process" means to manufacture, finish, repair, prepare, alter, pack, wrap or handle any material and the different forms of the verb shall be interpreted in accordance with this definition. (3) "Home" means any dwelling house, tenement house, rooming house, apartment house or other residential building.
(b) Except as hereinafter provided, no person shall distribute materials, either directly, indirectly or through an employee, agent or independent contractor or any other third party, to a home for the purpose of having such materials processed and thereafter returned to such person or someone designated by him for any purpose other than the personal use of such person or any member of his family.
(c) The Labor Commissioner may issue a certificate permitting a person to distribute materials to any individual sixteen years of age or more to be processed in his home by such individual only, upon submission of proof that injury or illness, not of a communicable nature, or old age physically incapacitates him for work in a factory or other regular place of business or that his services are essential in the home to care for a member of the household; provided the commissioner may issue such certificates to other individuals for processes not requiring mechanical apparatus other than simple hand tools, when he finds, after a satisfactory showing of proof, that home work is customary in such industry or occupation in the state of Connecticut and that the suspension of such home work would work undue hardship on labor or industry; and provided no certificate permitting home work shall be issued for the processing of materials in any home in which any member of the household has a communicable disease; and provided the wage rates paid shall not be lower than the wage rates paid within a factory or other place of business for similar work.
(d) The commissioner may grant to a reputable employer a certificate permitting such employer to distribute approved materials to be processed in approved homes by home workers having permits, upon proof that such processing in the homes is customary and necessary in such employer's industry, that no harmful or dangerous apparatus or substances are to be used and that the persons who are to do the processing fulfill the requirements specified for home workers in subsection (c). Each such employer shall pay a fee of twenty-five dollars each year for such certificate of permission. The commissioner may grant a permit to process specified materials in his home to a person who fulfills the requirements for a home worker specified in subsection (c). The commissioner may revoke any employer's certificate or any home worker's permit, at any time, for cause.
(e) No employer shall be granted a permit to distribute materials of any kind to any worker or workers to be processed at home unless such employer keeps an accurate record of the name and address of each such worker, an accurate description of the kind and amount of materials so distributed, the rates of compensation to be paid for each kind of processing and the total earnings each week of each worker. Such records shall be available to the inspectors of the department at any time during business hours.
(f) The commissioner shall have power to seize, for use as evidence, any goods which are processed in violation of any provision of this section and any materials which are brought or sent into this state from other states to be processed in Connecticut homes, provided such goods or materials shall be returned to their owners after being used as evidence.
(g) Any person who violates any provision of this section shall be fined not more than twenty-five dollars for each day such violation has been committed or imprisoned not more than thirty days or both, and such violation shall constitute grounds for revoking an employer's certificate or a home worker's permit.
(1949 Rev., S. 3766; P.A. 95-79, S. 106, 189.)
History: P.A. 95-79 amended Subsec. (a) to redefine "person" to include a limited liability company, effective May 31, 1995.

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Sec. 31-34. Stained glass windows. Each person, firm or corporation using stained, painted or corrugated glass in factory windows, where the same is injurious to the eyes of the workmen therein, shall remove the same upon the order of the commissioner.
(1949 Rev., S. 3750.)

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Sec. 31-35. Lighting and sanitary condition of factories and roundhouses. Section 31-35 is repealed.
(1949 Rev., S. 3751; P.A. 73-379, S. 20, 21.)
See chapter 571 re regulation of occupational health and safety.

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Sec. 31-36. Toilet room required in foundries. Penalty. The commissioner shall have authority by order to that effect to require the proprietor of any foundry in which ten or more persons are employed, situated in a locality where there is such system for the disposal of sewage as to make such order practicable, to provide for the use of such employees a toilet room of such suitable dimensions as said commissioner determines, containing washbowls or sinks connected with running water, with facilities for heating the same, such room to be directly connected with such foundry building, properly heated, ventilated and protected from the dust of such foundry. Any person, company or corporation failing to comply with such order shall be fined not more than fifty dollars.
(1949 Rev., S. 3752; P.A. 74-185, S. 4.)
History: P.A. 74-185 referred to foundries which employed ten or more "persons" rather than "men".

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Sec. 31-37. Toilet accommodations in manufacturing, mechanical and mercantile establishments and restaurants. Section 31-37 is repealed.
(1949 Rev., S. 3753; February, 1965, P.A. 324; P.A. 73-379, S. 20, 21.)
See chapter 571 re regulation of occupational health and safety.

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Sec. 31-38. Toilet accommodations on tobacco plantations. Any person, firm or corporation employing twenty-five or more laborers on a tobacco plantation, which fails to provide adequate toilet accommodations for such employees, so arranged as to secure reasonable privacy for both sexes of such employees, shall be fined not less than twenty dollars nor more than one hundred dollars.
(1949 Rev., S. 8638.)

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Sec. 31-38a. Sanitary, lighting and heating facilities for railroad employees. Each railroad company, as that term is defined in section 16-1, shall provide for its employees employed in, at or near depots, terminals, passenger yards, coach yards, freight yards, switching yards, garages, repair shops, warehouses, assembly points, headquarters and other facilities of such company located in this state, adequate sanitary, lighting and heating facilities. The Labor Commissioner shall promulgate such regulations as he deems necessary and reasonable for the provision of such sanitary, lighting and heating facilities as the health of such employees requires. Such regulations shall provide, among other things, for the following: A water supply and drinking facilities; adequate toilet accommodations, which accommodations shall include adequate fixtures and be maintained in good repair and in a clean and sanitary condition, adequately ventilated with windows or suitable ventilators opening to the outside; adequate lighting and means for artificial lighting to illuminate all parts of the required facilities; washing rooms, rest rooms and dressing rooms, including provisions for showers where the nature of the work requires, hot water and lockers; heating facilities to provide sixty-five degrees Fahrenheit heat during the months of November through March; maintenance of such facilities; and such other items as are necessary to effectuate the purposes of this section.
(1959, P.A. 126, S. 1; P.A. 77-2, S. 3, 4.)
History: P.A. 77-2 changed minimum required temperature during months of November through March from sixty- eight to sixty-five degrees Fahrenheit.
Cited. 243 C. 66.

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Sec. 31-38b. Commissioner to enforce. The commissioner or his deputies shall inquire into the compliance with the provisions of section 31-38a and the regulations promulgated thereunder, shall make at least one inspection each year of all the facilities involved and shall investigate any complaint regarding the sanitary, lighting or heating facilities of such companies. The commissioner shall issue such orders of compliance as are required to enforce section 31-38a or the regulations thereunder and he shall report any failure to comply with such orders within sixty days to the prosecutor of the criminal court having jurisdiction in the area where the violation occurs. Any railroad company which fails to comply with such order or violates section 31-38a shall be fined not less than one hundred dollars for each such violation. Sections 31-7, 31-8, 31-44 and 31-50 shall, so far as they do not conflict with the terms of section 31-38a and this section, apply to the orders of the Labor Commissioner.
(1959, P.A. 126, S. 2, 3.)

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Sec. 31-39. Employees in paper factory to be vaccinated. Section 31-39 is repealed.
(1949 Rev., S. 7358; P.A. 87-134.)

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Sec. 31-40. Reporting serious accidents in establishments or work places under jurisdiction of Labor Commissioner. Except as otherwise provided by law, the person in active charge of any establishment or work place coming under the jurisdiction of the Labor Commissioner shall forward by mail to the commissioner at his office, within fifteen days after each accident resulting in serious physical injury to an employee while at work in such establishment or work place, a written notice of every such accident of which he has knowledge, which notice shall state the name of the injured employee, the time of the accident and the nature of the injury and shall also contain a general description of the location in the establishment and of the character of the machine, if any, upon which the employee was at work at the time. The commissioner shall forthwith transmit to the person in charge of such establishment a written acknowledgment of the receipt of such notice, and shall keep a record of such accidents thus reported to him. Such records, notices and reports to the commissioner and any investigation made by him or his deputies or agents shall be privileged and confidential and shall not be open for examination or inspection, and neither such commissioner nor any of his deputies or agents shall be a competent witness as to the facts involved in such accident in any proceeding pending in any court, unless such commissioner, deputy or agent was present at the time of the occurrence of the accident. The term "accident resulting in serious physical injury", as used in this section, shall be construed to mean an accident which results in the death of the employee or causes his absence from work for at least one week. Any person, after having received from the commissioner forms for such notices, who fails to send notice of any accident as required by this section, shall be fined not more than twenty dollars.
(1949 Rev., S. 3754; 1967, P.A. 444.)
History: 1967 act deleted reference to Hartford as location of commissioner's office, deleted reference to "manufacturing or mercantile" establishments and added reference to work places under commissioner's jurisdiction.
See Sec. 31-316 re employer's duty to record and report employees' injuries and to report insurance coverage and welfare fund payment provided to employees.

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Sec. 31-40a. (Formerly Sec. 19-48). Reports of occupational diseases and investigations concerning them. Each physician having knowledge of any person whom he believes to be suffering from poisoning from lead, phosphorus, arsenic, brass, wood alcohol or mercury or their compounds, or from anthrax or from compressed-air illness or any other disease, contracted as a result of the nature of the employment of such person, shall, within forty-eight hours, mail to the Labor Department, Department of Factory Inspection, as provided in section 31-9, a report stating the name, address and occupation of such patient, the name, address and business of his employer, the nature of the disease and such other information as may reasonably be required by said department. The department shall prepare and furnish to the physicians of this state suitable blanks for the reports herein required. No report made pursuant to the provisions of this section shall be admissible as evidence of the facts therein stated in any action at law or in any action under the Workers' Compensation Act against any employer of such diseased person. Any physician who fails to send any report herein required or who fails to send the same within the time specified herein shall be liable to the state for a penalty of not more than ten dollars, recoverable by civil action in the name of the state by said department. The Labor Department, Department of Factory Inspection, as provided in section 31-9, is authorized to investigate and make recommendations for the elimination or prevention of occupational diseases reported to it in accordance with the provisions of this section. Said department is also authorized to study and provide advice in regard to conditions suspected of causing occupational diseases, provided information obtained upon investigations made in accordance with the provisions of this section shall not be admissible as evidence in any action at law to recover damages for personal injury or in any action under the Workers' Compensation Act.
(1949 Rev., S. 3867; P.A. 73-449, S. 2; P.A. 78-349, S. 1, 3; P.A. 79-376, S. 28.)
History: P.A. 73-449 replaced department of health with labor department, department of factory inspection; Sec. 19- 48 transferred to Sec. 31-40a in 1975; P.A. 78-349 deleted provision requiring labor department to pay physicians fifty cents for making report; P.A. 79-376 substituted "workers' compensation act" for "workmen's compensation act".

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Sec. 31-40b. Employers required to provide lung function tests to certain employees. (a) Each employer shall, when required by the Labor Commissioner, at his own expense, provide lung function tests to each of his employees who, in the course of his employment, comes into contact with chemicals, materials, gases or other substances which have been identified as toxic and hazardous under the Occupational Safety and Health Standards, Subpart Z, Code of Federal Regulations, Title 29, Chapter XVII. The tests to be required, their frequency and the standards of administration of such tests shall be prescribed by regulation by the Labor Commissioner, with the advice of a physician specializing in pulmonary disease. No employee shall be required to have a lung function test against his will.
(b) Each employer employing persons within a foundry shall provide a mandatory lung function test at least once every two years and where appropriate, chest x-rays as prescribed by the Labor Commissioner for those employees exposed to the day to day manufacturing process, at the employer's expense. The tests to be required, the definition of who shall take the tests and the standards for administration of such tests shall be prescribed by regulation adopted on or before January 1, 1981, by the Labor Commissioner, with the advice of a panel of physicians specializing in pulmonary disease. Said panel shall have five members, consisting of three physicians chosen by the Labor Commissioner from a list of qualified pulmonary specialists submitted by The American College of Chest Physicians, one physician chosen by the foundry employers and one physician chosen by the foundry employees. Employees shall be paid for the time involved in such testing. An employee shall be exempted from such testing if the tenets of his religion forbid participation in such tests, and he requests such an exemption. As used in this section, "foundry" means any business or works which utilizes sand in the casting of metals.
(P.A. 77-445; P.A. 80-132.)
History: P.A. 80-132 added Subsec. (b) re mandatory lung function tests.

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Sec. 31-40c. Information and notice requirements for employers using or producing carcinogens. (a) As used in this section:
(1) "Person" means one or more individuals, partnerships, associations, corporations, limited liability companies, business trusts, legal representatives or any organized group of persons.
(2) "Employer" means a person engaged in business who has employees, including the state and any political subdivision thereof.
(3) "Employee" means any person engaged in service to an employer in a business of his employer.
(b) Each employer shall post a list of all carcinogenic substances, as described in sections 19a-329 and 19a-331, which he uses or produces in the manufacture of any item, product or material, or which he uses or produces for purposes of research, experimentation or treatment. Such list shall be readily available for viewing by the employees. Such list shall be updated to reflect any changes to sections 19a-329 and 19a-331 within ninety days of the effective date of such changes.
(c) Upon offering employment to a prospective employee and on January first of each year each employer shall furnish to each of his employees a list of all such carcinogenic substances which he uses or produces in the manufacture of any item, product or material, or which he uses or produces for purposes of research, experimentation or treatment, and the dangers inherent in exposure to such substances.
(d) Each employer shall provide an education and training program for his new employees, during the first month of their employment, adequately describing the presence of such carcinogenic substances which he uses or produces in the manufacture of any item, product or material, or which he uses or produces for purposes of research, experimentation or treatment, the dangers inherent in exposure to such substances and proper methods for avoiding harmful effects from such substances by keeping exposure within the allowable limits set by regulations promulgated by the Federal Occupational Safety and Health Administration.
(e) Any person who supplies such carcinogenic substances to an employer shall label all such substances by generic or basic chemical name only and shall provide safe handling procedures for such substances.
(P.A. 80-257, S. 1−5; P.A. 95-79, S. 107, 189.)
History: P.A. 95-79 amended Subsec. (a) to redefine "person" to include limited liability companies, effective May 31, 1995.
Cited. 243 C. 66.

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Sec. 31-40d. Complaints of violations. Inspections. Discrimination prohibited. (a) Any employee or representative of employees who believes that there is a violation by the employer of such employee of any provisions of section 31-40c may request an inspection by filing a complaint of such violation with the Labor Commissioner. The complaint shall be in writing, signed and set forth with reasonable particularity the grounds for the complaint. Within a reasonable period of time after receipt of such complaint, the Labor Commissioner shall notify the employer in writing of the complaint and permit the employer to demonstrate compliance with the provisions of section 31- 40c. If such compliance has not been demonstrated to the satisfaction of the commissioner within fourteen days of the mailing of the notification, the commissioner or his authorized representative, upon presenting appropriate credentials to the employer, operator or agent in charge, shall inspect, at reasonable times, the employer's workplace and all conditions pertinent to the grounds of the complaint and shall, in a reasonable manner, make any additional investigation deemed necessary by the commissioner or his representative for the full and effective determination of such employer's compliance with the provisions of section 31-40c. Whenever the commissioner or his authorized representative, proceeding pursuant to this section, is denied admission to any such place of employment, he shall obtain a warrant to make an inspection or investigation of such place of employment from any judge of the Superior Court. Any judge of the Superior Court within the state is authorized to issue a warrant pursuant to this section and shall issue such warrant whenever he is satisfied that the following conditions are met: That the individual seeking the warrant is a duly authorized agent of the department; and that such individual has established under oath or affirmation that the place of employment to be investigated in accordance with this section is to be inspected to determine compliance or noncompliance with the requirements of section 31-40c.
(b) An employer shall not discriminate against or discipline, in any manner, any employee because such employee has filed a complaint of violations of section 31- 40c, as provided in this section, or has assisted the commissioner or his authorized representative in the investigation of such a complaint.
(P.A. 81-291, S. 1.)

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Sec. 31-40e. Order to comply. Citation. Hearing. Appeal. (a) If, upon inspection or investigation of a complaint, the Labor Commissioner or his authorized representative believes that an employer has violated any requirements of section 31-40c, he shall with reasonable promptness issue to the employer an order to comply. Such order shall be in writing and shall specifically describe the nature of the violation, and shall state a reasonable time period within which the violation must be corrected by the employer. If such violation has not been corrected within such time period, the Labor Commissioner or his authorized representative shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall specifically describe the nature of the violation, and shall state a reasonable time period within which the violation must be corrected by the employer.
(b) The employer may request the commissioner to provide a hearing concerning any orders to comply, citations or penalties issued to the employer under the provisions of this section or section 31-40d or 31-40f, and such hearing shall then be afforded in accordance with sections 4-176e to 4-181a, inclusive. The employer may appeal the final decision of such hearing in accordance with section 4-183.
(P.A. 81-291, S. 2; P.A. 88-317, S. 90, 107.)
History: P.A. 88-317 amended reference to Secs. 4-177 to 4-181 in Subsec. (b) to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date.

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Sec. 31-40f. Penalties. Duties of Labor Commissioner. Private right of action. (a) Any employer who has received a citation for a violation of the requirements of section 31-40c may be assessed a civil penalty of not more than one thousand dollars for each such violation.
(b) Any employer who fails to correct a violation for which a citation has been issued under the provisions of section 31-40d or 31-40e within the period permitted for its correction may be assessed a civil penalty of not more than one thousand dollars for each day during which such failure or violation continues.
(c) Any person who gives advance notice of any inspection to be conducted under section 31-40d or 31-40e, without authority from the Labor Commissioner or his designees, shall be assessed a civil penalty of not more than one thousand dollars.
(d) Any person who knowingly makes any false statement, representation or certification in any list, record or other document required to be maintained pursuant to section 31-40c shall be assessed a civil penalty of not more than ten thousand dollars.
(e) Any employer or individual who refuses entry to any authorized representative of the Labor Commissioner while such representative is attempting to conduct an investigation or inspection pursuant to the provisions of section 31-40d or 31-40e, or in any way wilfully obstructs him from carrying out his investigation or inspection, shall be assessed a civil penalty of not more than one thousand dollars.
(f) Any employer or individual who wilfully causes bodily harm to any authorized representative of the Labor Commissioner while such representative is attempting to conduct an investigation or inspection pursuant to the provisions of section 31-40d or 31-40e, shall be assessed a civil penalty of not more than ten thousand dollars.
(g) The Labor Commissioner shall have authority to assess all civil penalties provided in this section, giving due consideration to the appropriateness of the penalty with respect to the size of the business of the employer or owner being charged, the gravity of the violation, the good faith of the employer or owner, and the history of previous violations.
(h) Civil penalties owed under this section shall be paid to the commissioner for deposit into the Treasury of the state and may be recovered in a civil action in the name of the state of Connecticut brought in the superior court for the judicial district where the violation is alleged to have occurred or where the employer has its principal office. The penalties collected shall be used to defray the costs of enforcement of section 31- 40c, as provided in sections 31-40d and 31-40e and this section.
(i) If an employer has not made timely correction of the violation stated in an order to comply issued according to the provisions of sections 31-40d and 31-40e, and the Labor Commissioner or his authorized representative has not issued a citation for such violation within sixty days of the expiration of such order to comply, any employee of such employer may bring a civil action for judicial enforcement of the requirements of section 31-40c, in the superior court for the judicial district where the violation is alleged to have occurred or where the employer has its principal office.
(P.A. 81-291, S. 3.)

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Sec. 31-40g. Information requirements for employers using or producing substances hazardous to reproductive systems. Upon offering employment to a prospective employee, each employer shall inform the prospective employee of any chemicals, toxic substances, radioactive materials or any other substances which he uses or produces in the manufacture of any item, product or material, or which he uses or produces for purposes of research, experimentation or treatment, which the employer should have reasonable cause to believe will cause birth defects or constitute a hazard to an individual's reproductive system or to a fetus when the individual is exposed to any of such substances in the course of his job assignment. Such information shall be made available to current employees who are exposed to such hazards.
(P.A. 81-382, S. 3.)
Cited. 243 C. 66.

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Sec. 31-40h. Sterilization as condition of employment prohibited. No employer, including the state or any political subdivision thereof, shall condition the employment, transfer or promotion of any individual on the sterilization of such individual.
(P.A. 81-382, S. 4.)

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Sec. 31-40i. Enforcement. Private right of action. If an employer has violated any of the provisions of section 31-40h, any individual aggrieved by such violation may bring a civil action for judicial enforcement of such provisions in the superior court for the judicial district where the violation is alleged to have occurred or where the employer has its principal office. Any individual who prevails in such civil action shall be awarded reasonable attorney's fees and costs to be taxed by the court.
(P.A. 81-382, S. 5.)

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Sec. 31-40j. Definitions. As used in sections 31-40j to 31-40p, inclusive:
(1) "Person" means one or more individuals, partnerships, associations, corporations, limited liability companies, business trusts, legal representatives or any organized group of persons.
(2) "Employer" means a person engaged in business who has employees, including the state and any political subdivision thereof.
(3) "Employee" means any person who may be exposed under normal operating conditions or foreseeable emergencies to toxic substances while engaged in service to an employer in a business of his employer. For the purposes of this subdivision, "emergency" means any occurrence such as, but not limited to, equipment failure, rupture of containers or failure of control equipment which may or does result in an uncontrolled release of a toxic substance.
(4) "Toxic substance" means any substance: (A) Which has been identified as an air contaminant under the Occupational Safety and Health Standards, Code of Federal Regulations, Title 29, Chapter XVII, Subpart Z, Section 1910.1000, and (B) which an employer uses or produces in the manufacture of any item, product or material, or which he uses or produces for purposes of research, experimentation or treatment. "Toxic substance" shall not include carcinogenic substances, as described in sections 19a-329 and 19a-331.
(5) "Trade secret" means any unpatented, secret, commercially valuable plan, appliance, formulation or process which is used for the making, preparing, compounding, treating or processing of articles or materials which are trade commodities obtained from a person and which are recognized by law as confidential.
(P.A. 82-251, S. 1, 8; P.A. 95-79, S. 108, 189.)
History: P.A. 82-251 effective July 1, 1983; P.A. 95-79 redefined "person" to include limited liability companies, effective May 31, 1995.
Cited. 243 C. 66.

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Sec. 31-40k. Employee's right to information concerning toxic substances. Employer's list. (a) Each employer shall post a sign, at a location readily available for viewing by employees, which informs the employees that they have the right to information from their employer regarding the toxic substances which the employer uses or produces in the manufacture of any item, product or material, or which he uses or produces for purposes of research, experimentation or treatment.
(b) On January 1, 1984, and annually thereafter, the employer shall furnish to the Labor Department a list of all such toxic substances.
(c) Each employee, or his representative, may request in writing from his employer all information relating to toxic substances, as provided in section 31-40l. If an employee, or his representative, has made a request for information on such a substance, and the employer has not supplied such information within five working days, the employer shall not require the employee to work with the substance until the information has been provided to the employee.
(P.A. 82-251, S. 2, 8.)
History: P.A. 82-251 effective July 1, 1983.

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Sec. 31-40l. Information requirements for employer using or producing toxic substances. (a) Each employer shall provide information on the toxic substances which he uses or produces in the manufacture of any item, product or material, or which he uses or produces for purposes of research, experimentation or treatment, for each of his new employees, during the first month of their employment, as follows: (1) The name of the toxic substance, including generic or chemical name; (2) the location of toxic substances to which the employee may be exposed; (3) the properties of toxic substances to which employees may be exposed; (4) the acute and chronic effects of exposure at hazardous levels and the symptoms of effect of such exposure, to the extent such information is available from the manufacturer, the supplier, the Federal Occupational Safety and Health Administration and the Labor Department's Division of Occupational Safety and Health; (5) appropriate emergency treatment; (6) proper conditions for safe use of and exposure to such toxic substances; and (7) procedures for cleanup of leaks and spills of such toxic substances. All such information shall be provided, to the extent practicable, in informal and readily understandable language. Each employer shall also provide such information for any employee who is transferred from one job to another by the employer, within one month of such transfer, if the employee is exposed to additional toxic substances in his new job.
(b) Upon distribution of information to an employee under the provisions of subsection (a) of this section or subsection (c) of section 31-40k, the employer may require the employee to sign a statement acknowledging receipt of such information.
(P.A. 82-251, S. 3, 8.)
History: P.A. 82-251 effective July 1, 1983.

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Sec. 31-40m. Information requirements of supplier of toxic substances. Labor Department assistance. (a) Any person who supplies any toxic substance to an employer shall provide the following information to the employer: (1) The generic or basic chemical name of the toxic substance; (2) the level at which exposure to the substance is determined to be hazardous, if known; (3) the acute and chronic effects of exposure at hazardous levels; (4) the symptoms of such effects; (5) appropriate emergency treatment; (6) proper conditions for safe use and exposure to such toxic substance; (7) procedures for cleanup of leaks and spills of such toxic substance; and (8) a label on each container of any such substance which states, in a clearly legible and conspicuous form, that a toxic substance is contained therein, except that no such label shall be required for any container of alcoholic liquor, as defined in section 30-1, or food, as defined in section 21a-92.
(b) Upon request of an employer, the Labor Department shall provide such employer with all the information concerning the employer's toxic substances which is available to the department at the time of such request, and which is relevant to the information requirements of sections 31-40j to 31-40p, inclusive.
(P.A. 82-251, S. 4, 8; P.A. 83-511, S. 1, 4.)
History: P.A. 82-251 effective July 1, 1983; P.A. 83-511 amended Subsec. (a) to exclude containers of food and alcoholic liquor from the labeling requirements of Subdiv. (8).

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Sec. 31-40n. Trade secret protections. Registration with Labor Commissioner. When an employer or an employer's supplier claims that revealing the identity of a toxic substance, pursuant to the requirements of sections 31-40j to 31-40p, inclusive, would constitute the disclosure of a legally protectable trade secret, he may register this information as a trade secret with the Labor Commissioner. The commissioner shall assign a registry number to the substance. No employee of the Labor Department shall disclose to any person the identity of any substance so registered, except as required under the provisions of section 1-210. When responding to any request for information under the provisions of sections 31-40j to 31-40p, inclusive, such employer or supplier may refer to such substance by its registry number, and the employer or supplier shall not be required to reveal the name of such substance. All other information concerning such substance shall be provided by the employer or supplier as required by the provisions of sections 31-40j to 31-40p, inclusive.
(P.A. 82-251, S. 5, 8.)
History: P.A. 82-251 effective July 1, 1983.

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Sec. 31-40o. Discrimination prohibited. Waiver of rights void. (a) No employer shall discharge, or cause to be discharged, or in any manner discriminate against any employee who exercises the rights afforded to him pursuant to the provisions of sections 31-40j to 31-40p, inclusive, nor shall any pay, position, seniority or other benefits to which the employee may be entitled be lost because the employee exercised the rights provided by said sections.
(b) Any waiver by an employee or applicant for employment of the benefits or requirements of the provisions of sections 31-40j to 31-40p, inclusive, shall be against public policy and shall be null and void. Any employer's request or requirement that an employee waive any rights provided under said sections as a condition of employment shall constitute an act of discrimination, for purposes of this section.
(P.A. 82-251, S. 6, 8.)
History: P.A. 82-251 effective July 1, 1983.

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Sec. 31-40p. Severability. If any section, clause or provision of sections 31-40j to 31-40o, inclusive, shall be unconstitutional or be ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective, it shall be valid and effective and no other section, clause or provision shall on account thereof be deemed invalid or ineffective.
(P.A. 82-251, S. 7. 8.)
History: P.A. 82-251 effective July 1, 1983.

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Sec. 31-40q. Smoking in the workplace: Definitions; employers to establish nonsmoking areas; exemptions. (a) As used in this section:
(1) "Person" means one or more individuals, partnerships, associations, corporations, limited liability companies, business trusts, legal representatives or any organized group of persons.
(2) "Employer" means a person engaged in business who has employees, including the state and any political subdivision thereof.
(3) "Employee" means any person engaged in service to an employer in the business of his employer.
(4) "Business facility" means a structurally enclosed location or portion thereof at which twenty or more employees perform services for their employer.
(5) "Smoking" means the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
(b) Each employer shall establish one or more work areas, sufficient to accommodate nonsmokers who request to utilize such an area, within each business facility under his control, where smoking is prohibited. The employer shall clearly designate the existence and boundaries of each nonsmoking area by posting signs which can be readily seen by employees and visitors. In the areas within the business facility where smoking is permitted, existing physical barriers and ventilation systems shall be used to the extent practicable to minimize the effect of smoking in adjacent nonsmoking areas. Nothing in this section may be construed to prohibit an employer from designating an entire business facility as a nonsmoking area.
(c) The Labor Commissioner may exempt any employer from the provisions of this section if he finds that (1) the employer made a good faith effort to comply with the provisions of this section and (2) any further requirement to so comply would constitute an unreasonable financial burden on the employer.
(P.A. 83-268; P.A. 87-149, S. 1, 3; P.A. 91-94; P.A. 95-79, S. 109, 189.)
History: P.A. 87-149 amended Subsec. (b) to require employers to establish sufficient nonsmoking areas in business facilities and added Subsec. (c) to enable the labor commissioner to exempt certain employers from compliance with those requirements, effective April 1, 1988; P.A. 91-94 amended Subsec. (a) by reducing the minimum number of employees from fifty to twenty in Subdiv. (4); P.A. 95-79 amended Subsec. (a) to redefine "person" to include limited liability companies, effective May 31, 1995.
Cited. 224 C. 666, 670, 672−674. Cited. 243 C. 66.
Subsec. (b):
Cited. 224 C. 666, 674.

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Sec. 31-40r. Regulations establishing guidelines for exemptions from nonsmoking area requirements. On or before April 1, 1988, the Labor Commissioner shall adopt regulations, in accordance with the provisions of chapter 54, which establish the procedures and requirements for the granting to employers of exemptions from the provisions of section 31-40q, in accordance with the provisions of subsection (c) of said section. Such regulations may be adopted by the commissioner prior to April 1, 1988, but may not take effect prior to that date.
(P.A. 87-149, S. 2, 3.)

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Sec. 31-40s. Smoking or use of tobacco products outside of the workplace. (a) No employer or agent of any employer shall require, as a condition of employment, that any employee or prospective employee refrain from smoking or using tobacco products outside the course of his employment, or otherwise discriminate against any individual with respect to compensation, terms, conditions or privileges of employment for smoking or using tobacco products outside the course of his employment, provided any nonprofit organization or corporation whose primary purpose is to discourage use of tobacco products by the general public shall be exempt from the provisions of this section.
(b) Nothing contained in this section shall be construed to affect (1) the provisions of sections 31-40q and 31-40r, (2) municipal hiring practices involving paid firefighters and paid police officers and (3) any collective bargaining agreement between a municipality and paid firefighters or paid police officers.
(P.A. 91-271, S. 3.)

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Sec. 31-40t. Employee's right to act in case of hazardous conditions. Complaints to and investigations by Labor Commissioner. Hearings. Regulations. (a) As used in this section:
(1) "Person" means one or more individuals, partnerships, associations, corporations, limited liability companies, business trusts, legal representatives or any organized group of persons;
(2) "Employer" means a person engaged in business who has employees, including the state and any political subdivision of the state;
(3) "Employee" means any person engaged in service to an employer in a business of his employer;
(4) "Hazardous condition" means a condition which (A) causes or creates a substantial risk of death, disease or serious physical harm, whether imminent or as a result of long-term exposure, and which is beyond the ordinary expected risks inherent in a job after all feasible safety and health precautions have been taken, and (B) results from the employer's violation of applicable safety and health standards established under any federal, state and local laws and regulations, any collective bargaining agreements and any industry codes.
(b) No employer shall discharge, discipline or otherwise penalize any employee because the employee (1) informs another employee that such other employee is working in or exposed to a hazardous condition or (2) refuses in good faith to expose himself to a hazardous condition in the workplace, provided (A) the condition causing the employee's apprehension of death, disease or serious physical harm is of such a nature that a reasonable person, having the knowledge, education, training and experience necessary for the performance of the employee's job, under the circumstances confronting the employee, would conclude that there is a hazardous condition, (B) there is insufficient time, due to the urgency of the situation, to eliminate or abate the hazardous condition through resort to regular statutory enforcement procedures, (C) the employee notifies the employer of the hazardous condition and asks the employer to correct or abate the hazardous condition and (D) the employer is unable or refuses to correct or abate such condition. No employee shall be discharged, disciplined or otherwise penalized while a hazardous condition continues to exist or is in the process of being corrected or abated.
(c) Any employee who believes that there is a violation by his employer of any provision of this section may file a written complaint with the Labor Commissioner within one hundred eighty days of the alleged violation. The complaint shall be signed and shall set forth with reasonable particularity the grounds for the complaint. Within thirty days after receipt of such complaint, the Labor Commissioner shall notify the employer in writing of the complaint. The commissioner, or his authorized representative, upon presenting appropriate credentials to the employer, operator or agent in charge, may inspect, at reasonable times, the employer's workplace and all conditions pertinent to the grounds of the complaint and shall, in a reasonable manner, make any additional investigation deemed necessary by the commissioner or his representative for full and effective determination of any complaint he receives.
(d) If, upon inspection or investigation of a complaint, the Labor Commissioner or his authorized representative believes that an employer has violated any provisions of this section, he shall hold a hearing and shall, at least thirty days prior to the date of such hearing, mail a notice of such hearing to the employer and the employee. The commissioner shall resolve all issues relating to any dispute arising under the provisions of this section.
(e) The Labor Commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.
(f) Nothing in this section shall be construed to diminish or impair the rights of any person under any collective bargaining agreement.
(P.A. 91-33; P.A. 92-27; P.A. 95-79, S. 110, 189.)
History: P.A. 92-27 amended Subdiv. (2) of Subsec. (a) to include the state and any political subdivision of the state in the definition of "employer"; P.A. 95-79 amended Subsec. (a) to redefine "person" to include limited liability companies, effective May 31, 1995.
Cited. 243 C. 66.

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Sec. 31-40u. Regulations establishing guidelines for use of video display terminals in state facilities. Not later than July 1, 1994, the Labor Commissioner, in consultation with the Commissioner of Public Health shall issue guidelines establishing standards for the use of video display terminals by state employees. Such standards shall include, but not be limited to: (1) Maximum time limits that state employees may be required to work with a video display terminal without a rest break and the duration of the rest break; (2) requirements for protective screens or other safety devices; and (3) requirements designed to reduce or eliminate the adverse effects of repetitive motion in connection with the use of such terminals.
(P.A. 93-228, S. 29, 35; 93-381, S. 9, 39; 93-435, S. 59, 95; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-228 effective July 1, 1993; P.A. 93-381 and P.A. 93-435 authorized substitution of commissioner and department of public health and addiction services for commissioner and department of health services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

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Sec. 31-40v. Establishment of safety and health committees by certain employers. (a) In order to promote health and safety in places of employment in this state, each employer of twenty-five or more employees in this state, including the state and any political subdivision of the state, and each employer whose rate of work related injury and illness exceeds the average incidence rate of all industries in this state, shall administer a safety and health committee in accordance with regulations adopted pursuant to subsection (b) of this section. For purposes of this subsection, "incidence rate" means the number of federal Occupational Safety and Health Administration recordable injuries and illnesses per one hundred full-time employees.
(b) The chairman of the Workers' Compensation Commission, in consultation with the Labor Commissioner and i