CHAPTER 557*
EMPLOYMENT REGULATION

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 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) 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; P.A. 06-139, 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; P.A. 06-139 made a technical change in Subsec. (c) and deleted former Subsec. (f) re penalties for violation of section, redesignating existing Subsec. (g) as Subsec. (f), effective January 1, 2007.

      See Secs. 31-15a, 31-69a re penalties for violation of section.

      Cited. 203 C. 34.

      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) 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; P.A. 06-139, 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; P.A. 06-139 deleted former Subsec. (e) re penalty for violation of section, redesignating existing Subsec. (f) as Subsec. (e), effective January 1, 2007.

      See Secs. 31-15a, 31-69a re penalties for violation of section.

      Cited. 129 C. 339.

      Nominal president deemed an employee. 10 CS 171.

      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.

      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.)

      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.

      Sec. 31-15. Penalty. (a) Any parent or guardian who permits any minor to be employed in violation of section 31-12, 31-13 or 31-14 shall be subject to penalties under sections 31-15a and 31-69a.

      (b) A certificate of the age of a person made as provided in section 10-193 shall be conclusive evidence of such person's 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.

      (c) 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; P.A. 06-139, S. 10.)

      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; P.A. 06-139 deleted former Subsec. (a) re penalties for violation of Sec. 31-14, redesignated existing Subsecs. (b), (c) and (d) as Subsecs. (a), (b) and (c), respectively, amended Subsec. (a) to reference penalties under Secs. 31-15a and 31-69a, and made a technical change in Subsec. (b), effective January 1, 2007.

      Sec. 31-15a. Criminal penalty. Any employer, officer, agent or other person who violates any provision of section 31-12, 31-13 or 31-14, subsection (a) of section 31-15 or section 31-18, 31-23 or 31-24 shall be fined not less than two thousand nor more than five thousand dollars or imprisoned not more than five years, or both, for each offense.

      (P.A. 06-139, S. 7.)

      History: P.A. 06-139 effective January 1, 2007.

      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.

      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.

      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.

      (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; P.A. 06-139, S. 3.)

      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; P.A. 06-139 deleted former Subsec. (d) re penalty for violation of section, effective January 1, 2007.

      See Secs. 31-15a, 31-69a re penalties for violation of section.

      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.

      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.)

      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.

      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.

      Secs. 31-22a to 31-22l. Reserved for future use.

PART Ia
APPRENTICESHIP

      Sec. 31-22m. (Formerly Sec. 31-51a). Apprenticeship. Definitions. When used in sections 31-22m to 31-22q, inclusive, "apprentice" means a person employed under a written agreement to work at and learn a specific trade; "apprentice agreement" means a written agreement entered into by an apprentice, or on his behalf by his parent or guardian, with an employer, or with an association of employers and an organization of employees acting as a joint apprenticeship committee, which agreement provides for not less than two thousand hours of work experience in approved trade training consistent with recognized requirements established by industry or joint labor-industry practice and for the number of hours of related and supplemental instructions prescribed by the Connecticut State Apprenticeship Council or which agreement meets requirements of the federal government for on-the-job training schedules which are essential, in the opinion of the Labor Commissioner, for the development of manpower in Connecticut industries; "council" means the Connecticut State Apprenticeship Council.

      (1959, P.A. 390, S. 1; 1963, P.A. 180; P.A. 78-325.)

      History: 1963 act redefined "apprentice agreement" to include agreements meeting federal requirements for on-the-job training schedules; P.A. 78-325 redefined "apprenticeship agreement" to change minimum hours of work experience from four thousand to two thousand and to add "consistent with recognized requirements established by industry or joint labor-industry practice"; Sec. 31-51a transferred to Sec. 31-22m in 2005.

      Sec. 31-22n. (Formerly Sec. 31-51b). Apprenticeship council. The Governor shall appoint twelve members to the Connecticut State Apprenticeship Council, each of whom shall have some association with apprentice training. Four shall be representative of Connecticut industry, with one representative each from the manufacturing, building, mechanical and service industries, provided at least one such member represents a business that operates without a collective bargaining agreement; four shall be Connecticut members of national labor organizations with apprentice training programs; four shall represent the public, one of whom shall be the Labor Commissioner. Members shall each serve a term which is coterminous with the term of the Governor, each member to hold office until a successor is appointed. Any vacancy in the membership of the council shall be filled by the Governor for the unexpired term. It shall meet on the call of the chairman, who shall be the Labor Commissioner. On or before August first of each year, the council shall prepare a report describing the activities of the council, this report to be included in the Labor Commissioner's report to the Governor. The members of the council shall not be compensated for their services, but the members, except the Labor Commissioner and any state employee, shall be reimbursed for necessary expenses incurred in the performance of their duties.

      (1959, P.A. 390, S. 2; June Sp. Sess. P.A. 83-21; P.A. 85-580; P.A. 01-170, S. 5.)

      History: June Sp. Sess. P.A. 83-21 increased the payments to members from twenty-five to forty dollars per day, and specifically excluded from receipt of such payments the deputy labor commissioner and state employees; P.A. 85-580 increased membership on the council from nine to twelve members, adding an additional member for each category and specifying the background of each industry representative, provided for terms which are coterminous with the governor, provided that the deputy labor commissioner shall be the council chairman, and provided for the reimbursement to the members of necessary expenses, replacing provisions for staggered terms, election of chairman and other officers by the council and for payment of forty dollars per day in lieu of expenses; P.A. 01-170 changed membership by replacing the Deputy Labor Commissioner with the Labor Commissioner and made technical changes; Sec. 31-51b transferred to Sec. 31-22n in 2005.

      Sec. 31-22o. (Formerly Sec. 31-51c). Powers and duties of council. The council may adopt recommendations for minimum standards of apprenticeship and for related and supplementary instruction, encourage registration and approval of apprentice agreements and training programs, and issue certificates of completion upon the verification by employers or joint apprenticeship committees of the satisfactory completion of the term of apprenticeship. The council shall formulate policies for the effective administration of sections 31-22m to 31-22q, inclusive. Such policies by the council shall not invalidate any apprenticeship provision in any collective bargaining agreement between employers and employees. All apprentice programs adopted and registered with the council under said sections shall be on a voluntary basis and shall be installed for the purpose of developing skilled workers for the service trades and industries of Connecticut.

      (1959, P.A. 390, S. 3.)

      History: Sec. 31-51c transferred to Sec. 31-22o in 2005.

      Sec. 31-22p. (Formerly Sec. 31-51d). Labor Commissioner's powers and duties. The Labor Commissioner, with the advice and guidance of the council, shall formulate work training standards which will ensure necessary safeguards for the welfare of apprentices and a full craft experience in any skill, in order to provide equal opportunities to all, without regard to their race, color, religion, sex, age or national origin, and to provide training, employment and upgrading opportunities for disadvantaged workers to acquire a comprehensive skilled work experience and to extend the application of such standards of skill training by inclusion thereof in apprenticeship agreements, and shall bring together representatives of management and labor for the development of training programs and terms of apprenticeship incidental thereto and cooperate with state and federal agencies similarly interested in furtherance of training requirements in keeping with established and new processes of Connecticut industries. The Labor Commissioner shall publish information relating to existing and proposed work standards of apprenticeship, hold area conferences throughout the state for the purpose of promoting interest in skilled trades training and appoint such advisory committees as may be deemed necessary to evaluate the skilled manpower requirements of Connecticut in order to cope with any new technological changes in industry.

      (1959, P.A. 390, S. 4; 1969, P.A. 743, S. 1.)

      History: 1969 act deleted reference to cooperative effort of representatives of industry, labor and education in formulation of standards, required that standards provide equal opportunities "to all, without regard to their race, color, religion, sex, age or national origin" and that they provide training, employment and upgrading opportunities for disadvantaged workers, and made publication of information re apprenticeship standards, holding of conferences, etc. mandatory rather than optional, substituting "shall" for "may"; Sec. 31-51d transferred to Sec. 31-22p in 2005.

      Annotation to former section 31-51d:

      Cited. 243 C. 66.

      Sec. 31-22q. (Formerly Sec. 31-51e). Program of apprentice training. To assist in the administration of sections 31-22m to 31-22q, inclusive, there shall continue to be maintained in the Labor Department a program of apprentice training. The Labor Commissioner is authorized to appoint, in accordance with the provisions of chapter 67, such personnel as may be necessary for effective administration of said sections.

      (1959, P.A. 390, S. 5; P.A. 77-614, S. 480, 610.)

      History: P.A. 77-614 referred to "program" of apprentice training rather than to "division" of apprentice training in the labor department, effective January 1, 1979; Sec. 31-51e transferred to Sec. 31-22q in 2005.

      Sec. 31-22r. Apprenticeship registration; apprentices, sponsors. (a)(1) Each person who registered as an apprentice with the Labor Department before July 1, 2003, and has not completed an apprenticeship as of July 9, 2003, shall pay to the Labor Department a registration fee of twenty-five dollars on or before July 1, 2003, and a renewal registration fee of twenty-five dollars on or before July first of each subsequent year until (A) such registration is withdrawn, or (B) such person has completed an apprenticeship and possesses a valid journeyperson card of occupational license, if required.

      (2) Each person who initially registers as an apprentice with the Labor Department on or after July 1, 2003, shall pay to the Labor Department a registration fee of twenty-five dollars at the time of registration and an annual renewal registration fee of twenty-five dollars until (A) such registration is withdrawn, or (B) such person has completed an apprenticeship and possesses a valid journeyperson card of occupational license, if required.

      (b) Each person sponsoring an apprenticeship program registered with the Labor Department as of July 1, 2003, shall pay to the Labor Department an annual registration fee of thirty dollars for each apprentice participating in such program until the apprentice has completed the apprenticeship and possesses a valid journeyperson card of occupational license, if required, or such program is cancelled by the sponsor or deregistered for cause by the Labor Department in accordance with regulations adopted pursuant to this chapter, whichever is earlier.

      (c) Any amount collected by the Labor Department pursuant to this section shall be deposited in the General Fund and credited to a separate nonlapsing appropriation to the Labor Department, for the purpose of administering the department's apprentice training program and sections 31-22m to 31-22p, inclusive.

      (P.A. 03-207, S. 1.)

      History: P.A. 03-207 effective July 9, 2003.

      Sec. 31-22s. Report re feasibility of on-line apprenticeship registration system. Not later than February 4, 2004, the Labor Commissioner shall report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to labor and higher education and employment advancement, concerning the feasibility of establishing an on-line system for registering apprentices and apprenticeship programs with the Labor Department.

      (P.A. 03-207, S. 2.)

      History: P.A. 03-207 effective July 9, 2003.

      Sec. 31-22t. (Formerly Sec. 31-51j). Preclusion of apprentice training programs prohibited. All collective bargaining clauses which, in the judgment of the federal or state contracting agency administering the contract, preclude, prohibit or in any way discourage employers or groups of employers from engaging in any federal, state or on-the-job apprentice training program approved by any federal or state agency so empowered shall be void and unenforceable. This section shall not apply to any collective bargaining agreement in effect on July 1, 1969, for the duration of such agreement.

      (1969, P.A. 743, S. 2.)

      History: Sec. 31-51j transferred to Sec. 31-22t in 2005.

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 fourteen may be employed or permitted to work as a caddie or in a pro shop at any municipal or private golf course, and a minor who has reached the age of fifteen may be employed or permitted to work in any mercantile establishment, from September 30, 2002, to September 30, 2007, 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 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) (A) Each person who employs a fourteen-year-old minor as a caddie or in a pro shop at any municipal or private golf course pursuant to this section shall obtain a certificate stating that such minor is fourteen years of age or older, as provided in section 10-193, and (B) 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 the commissioner 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.

      (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; P.A. 02-44, S. 1; P.A. 06-139, S. 4, 8.)

      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; P.A. 02-44 amended Subsec. (b) to extend period during which a minor may work in a mercantile establishment to September 30, 2007, and make technical changes; P.A. 06-139 amended Subsec. (b)(1) to permit employment of fourteen-year-old minor as caddie or in pro shop at municipal or private golf course, and amended Subsec. (b)(2) to add Subpara. (A) requring employer of fourteen-year-old minor as caddie or in pro shop to obtain certificate stating age of minor and designate existing provisions as Subpara. (B), effective June 6, 2006, and made a technical change in Subsec. (a) and deleted former Subsec. (e) re penalty for violation of section, effective January 1, 2007.

      See Secs. 22-13 to 22-17, inclusive, re employment of minors in agriculture.

      See Secs. 31-15a, 31-69a re penalties for violation of section.

      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. Cited. 221 C. 465.

      Subsec. (c):

      Cited. 221 C. 465.

      Subsec. (d):

      Cited. 221 C. 465.

      Sec. 31-24. Hazardous employment of children forbidden. 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.

      (1949 Rev., S. 7353; P.A. 74-185, S. 3; P.A. 87-195, S. 2; P.A. 97-263, S. 11; P.A. 06-139, S. 5.)

      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; P.A. 06-139 eliminated provision re penalty for violation of section, effective January 1, 2007.

      See Secs. 31-15a, 31-69a re penalties for violation of section.

      Cited. 243 C. 66.

      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.

      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.)

      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.)

      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.)

      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.)

      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.)

      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.)

      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) of this section. 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) of this section. 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; P.A. 05-288, S. 135.)

      History: P.A. 95-79 amended Subsec. (a) to redefine "person" to include a limited liability company, effective May 31, 1995; P.A. 05-288 made technical changes in Subsec. (d), effective July 13, 2005.

      Sec. 31-34. Stained glass windows. Section 31-34 is repealed, effective October 1, 2002.

      (1949 Rev., S. 3750; P.A. 02-89, S. 90.)

      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.

      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".

      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.

      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.)

      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.

      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.)

      Sec. 31-39. Employees in paper factory to be vaccinated. Section 31-39 is repealed.

      (1949 Rev., S. 7358; P.A. 87-134.)

      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.

      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".

      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.

      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.

      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.

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