January 21, 1948 

Hon. M. B. !Morgau 

Commlsaioner 

Bureau of Labor Statistics 

Austin, Texas Opinlon'lo. V-$78 

Re; Rule-making power of. 

the Labor Comissioner 

under the Health, SafeDear Mr. Morgan: 

the te& "011 and gas 

fields" aa uaed by the 

b&&Leg., 1935, R. 5. 

Oh. 245, p. 168, refers 

to a geographical area 

or to the oil and gas 

petroleum industry 

You state that it is the desire of the Bureau 

of Labor Statistic& to adopt a code of safety and health 

standards applicable to Health, Safety and Moral Law&of 

this State.. . 

The Realth, Safety and,Morals Law, of Texas was 

enacted by the 

sion, Chapter 5,, 3 page,l32, and codified in the Revised 

5th Legislature; ~1918, Fourth Called SeaCivil Statutes of 1925 a8 Articles 1573-1580, Inclusive, 

and Penal Code, 1925, Articles 1567-1568. 

&.&inctly, Articles 1573-1580 provide that in 

every factory, mill, workshop, mercantile establishment, 

laundry 'or other establishment in this State, proper tenperature and ventilation for the protection of health of 

employees shall be maintained. It requires the removal 

of gas or effluvia, or'odors from places where the employees are required to work and directs that dust injurious to the health of the persons employed be allayed; it prohibits decomposed or putrescent matter or refuse of any kind to be allowed to renain in or around 

such place of employment; It provides for the cleaning, 
Hon. M. B. Morgan, Page 2 (V-478) 

sweeping, and dusting outside of working hours as far 

as possible:; requires doors used by the employees as en-- 

tranbes~ or exits to open outward; it describes the number of water closets, earth closets, or privies to be 

supplied aha requires separate closets or privies for 

males~and females, and requires them to be kept clean 

and effectively disinfected and ventilated; and it forbids In such places of employment the existence of any 

influence,, practices, or 00naitioq8 calculated to lnjurlously affec,t the morals of female employees. The law 

authorl~zes the Commissioner of Labor Statistics or his 

deputies or inspectors to enter such places of, employment for making inspection to determine that the provisions of the Act are being complied with, and empowers 

the department to issue an order for the correction of 

unlawful &ondition,s., In case of a failure or refusal to 

comply on the part of the owner or manager or the person 

in control of such place of employment, 'the Commissioner 

of Labor Statistics, his deputies, or inspectora, are empowered to close such establishment or any part of it, 

until such time aa said orders are complied with. The 

Act states how such powers may be exercised and provides 

a method for testing the validity of such orders. Penal 

Code, 1925, Article 1567~1568 fixes the penalty for permitting immoral influences on female employees ana for 

failure or refusal to comply with proper orders of the 

Commissioner of Labor Statistics or his deputies or inspectors. 

Your questions are as followa: 

"Pursuant to the duties imposed by law 

upon the Bureau of Labor Statistics, It is 

the desire of this Bureau to develop a code 

of safety and health standards to be printed and issued in the form of a general order 

applicable to the industrial establishments 

enumerated in Articles 1567-8, P.C. of the 

Health, Safety and Piorals Law. We therefore 

respectfully request the Attorney 5eneral's 

opinion bearing on the extent and llmltations 

of powers imposed upon the Coarmlssioner of 

Labor by the above-mentioned articles, and by 

other laws cited herein. 

"Question 1. In addition to the provleions of Art. 1568, P.C. imposing authority 

uponthe Labor Commfssioner to issue orders 

correcting within the establishments arduous 

_. 
Hon. M. B. Morgan, Page 3 (V-478) 

conditions described in Articles 5173, R.- 

C.S., thru 5180, R.C.S., of the Health, SafetJr and Morals Law. May it ‘not be inferred 

from the language of said Art. 1568, P. C., 

that it was also the Leglslature~s intention 

or command that sfmilar corrective and preventive powers be exercised by the Commlssloner 

in dealing wlth any additional conditions he 

may deem detrimental to the safety and health 

of the employees of all such establishments? 

That part of Art. 1568, P.C. wherein this inquirer draws such inference is here quoted 

with, single and double underscorings added 

to place the appropriate degree of emphasis 

on key words of the expression: ‘Any person 

. . . who shall fall or refuse to comply 

with anv written order issued to such-person 

br the r;ommlssloner of Labor Statistics. or 

any~of his deputies, or inspectors, for-the 

correction of con- caused or Dermitted 

therein which ngers the health of the employees therein or which do not comply with 

the laws governing such establishments shall 

;;tisylshed as provided in the preceding ar+. 

; ’ 

“Question 2. By authority granted the 

Commls.sloner of Labor by the above-named articles would it be permissible for the Commissioner to develop and adopt standards of 

safe and healthful working conditions to be 

incorporated In one written or printed general order applicable to all establishments 

whose operations and processes bear common 

or like hazards detrimental to the physical 

safety and health of the employees of such 

establishments? 

“Question 3. H.B. No. 455, Chapt~er 245,, 

44th Legislature - Regular Session,, ‘Taxing 

Petroleum Products and Appropriating Proceeds 

Therefrom to Enforce Conservation Law,’ Section 4, and Section 7 whl&readS in part as 

follows : 

“‘There Is hereby appropriated out Of 

the funds accruing from the Oil and Gas Enforcement Fund hereinbefore provided the a-. 

mount of Three Thousand One Hundred Fifty 
Hon. R. B. Morgan, Page 4 (V-478) 

Dollars ($3,150) for the purpose of paying 

salaries of Deputy Commissioners of Labor 

Statlstloa to enforce labor laws in the oil 

and gas flelas.s In order that,the Commlssloner of Lab,or may efficiently discharge 

the duties imposed upon his office by "the .', 

above-quoted law an opinion of,the Attorney 

Qeneral Is hereby requested lnterpretlng the 

Legislative intent ln its use'of the terms 

'oil and gas fields' as used in the.flrst 

sentence.of sec. 7 of the above-quoted law. 

Is this Bureau~llmlted,ln lts,activitlesto 

the specfftc geographical area commonly referred,-to by name as a particular ,011 and/or, 

'gas field or was it the Leglslature*s lntentlon that the term '011, and gas field' embrace 

the.011 and gas Industry (or as is more COEmonly expressed 'petroleum industry') In its 

entirety; and ~wlth the possible intended inclusion of the industry's egulpment manufac+ 

turers and dealers as well? 

The enforcement of these regulatory statutes 

ls,entrusted to the Labor Department; and sole,rellance 

for their enforcement is not upon criminal sanction. 

This was bebause.of,the complex character of the problem which~thl:e regulatory'leglslatlon seeks to deal with. 

And as a wlse~' and intelligent enforcement was sought, a 

single d~epartmentof government, the LaborDepartment, 

iras~ sDec~ally&harged to take ove,r 'and perform those 

prelimfna.ry phases of the enforcement~~of~~the statutes, 

preparatory to its ultimate enforcemsnt in the Court 

when necessary. Pour work, ln other uords;.ls to maiataln oontacts with the special industry or activity regulated~and to make investigations, sSfting complaints, 

to,make~prellmlnarydeterminatlons in instances in which 

Dosslble,vlolatlons are found or charged, and then to 

prbpare and "~glve written notice of the facts to,the 

proper County nor Dis'trlct A.ttorney.* Article 5149; R.- 

C.Si .!Che relative oomDlexity of the lsaues with whloh 

your departmenthas to deal, and the detailed lnvestl- 

~,gatIon of facts; which you are of necessity required to 

isake before determining that a law~has been violated, 

'makes lt praetleaflg imperative. for you tom oonduct hearlngs "and,take testlmon~ ln, all matters relating to the 

duties requlred of you. Article 5150~, R.C.S., and ~P+C. 

1562. 

You are also charged with the duty Nof examlnlng Into the methods of protecting employees from danger 
Hon. PI. B. Morgan, Page 5 (v-478) 

and sanitary conditions In and around . . . any factory, 

mill, workshop, mine, store, business house, public or 

private work, or other estab+?hment or lace where five 

or more persons are employed. Art. 514 5 

Art. 1565, P.C. 

R.C.S., and 

The owner, manager, and Superintendent 

of such enumerated establishments are required to cooperate with your department. Art. 1563 and 1566, P. C. 

It will be helpful at this point to cite the 

following legal quotations: 

In Galveston, H. & Ii. Ry. v. Anderson (Civ. 

App.), 229 S.W. 998, the Court said: 

"Where an enumeration of specific things 

Is followed by some general word or phrase, 

such general word or phrase Is to be held 

to refer to things of the same kind as those 

specifically mentioned." 

Speaking of~the above rule, the author of the 

;t;;lc;;i;tatutes, 39 Texas Jurisprudence, page 202, par. 

, : 

"The doctrine of ejusdem generis (of 

the same kind) imports that general words 

following an enumeration of particular or 

specific things, will be confined to things 

of the same kind. In brief, the general words 

so used are not to be construed in their wideatsense, but are to be held as applying only 

to persons or things of the same kind and class 

as those enumerated. Such words will not be 

held to include things of a class superior to 

that to which the particular words belong. 

'The ejusdem generis doctrine Is a general~or 'prima' rule of statutory construction, employed as an aid in d@ermlning the 

Intention of the Legislature. 

Under the doctrine of "ejusdem generis' broad 

and comprehensive expressions In an Act, such as %.na ali 

other', or "any others", are to be restricted to persons 

or things of the same kind or class with those speclflcally named In the precedin 

l$t;;;$n (Kg;.) 159 S-W. 7 

words. City of Lexington v. 

2d) 1015, 1017. Generally, words 

or any other following enumeration of particular 

classes of things in the statutes must be read as meaning 
Hon. U. 33. Morgan, Page 6 (V-478) 

'other such,like" and Include only words of the like 

kind or character. Bl 

tion Commission (Del.) 7 

er v. Unemployment Compensa6A (2d) 137. Johnson v. Bear 

(MO.) 40 3.w. (26) 481,; !85,. 

In,Associated Indemnity Corporation v. Wilson, 21 3.W. (28) 314, It was held,that a dairy, Its 

equipment including churns,~pasteurizers, cows, barna, 

paint'shops, blacksmith shop, and ice.factory,, did not 

come.wlthin 'the purview ,of the Child Labor Law,, P.C. 

1925, Art; 1573, ,whlch prohibited a child from be+ng 

employed to labor in or abouta factory or workshop. 

Penal Code, 1925, Article 1568, Is a,$ follows: 

"Any'person in 'control or management of,any establishment Included In the . 

preceding article who shall fail or refuse 

to comply wlth'any written oidbr issued to 

:such, person by the Commissloner':of Labor 

Statistlos, or any of his deputies,,or inspectors, ior the correction of any condition 

caused or permitted therein which endangers .the 

health of the emnloyees therein or whl h do not 

aomply~wlth the'law governing such establishme&s; shall be..pu$shed as Provided In the 

preebdUg article. (lhsphasis added) 

Article x568,, P.CI, makes it anoffense for =e _ ._ _.. _ _ 

to fai&.or refuse to-comply,with anz wrstten oruer isBuea 

to such,DerBom for the aorrection of any comdltionn caused orp&alttcd therein ~vih%ch en&aaBer khk he,alth of khe 

emplog4as therein. 3%~ Artlele, PAT. 1568; me8nm Ug. 

l8ed wPittek% order,md must 

%i#i&% with Art. 5179, R.C.S. 

neoemasrilf be mMd in 

This btatuteedoes not vest in the Labor Catirrl@mer general rule-making 8uthorltj. lpBe~on1~ power 

he haa in thir mapeat is to Issue urltten ,?rdora to 

plm~r af bwlnesn, after in~wztlOI&, direotlng the. aerrestion of' conditions violative of the law. A g&oral 

@N&P or +le addrissed indisbrimlnately:to all plaee8 

of business w0w not be the proper basic for the emti3i-ihtment of the Ac.t by alosing maoh place8 or by crlmlnal prosecution. R.S. A&.5179, P.C; 1567, 1568. 

But'you are, in otir opinion, .authorlzed to 

prollulgate d standards to assist thOBe covered 

to establlsh.condi Ions at their plants and businesses 
. . 

Hon. M. B. Morgan, Page 7 (V-478) 

which will be helpful in meeting the general standards 

prescribed by the Act. However, such Interpretations 

and standards cannot be the basis of the enforcement of 

the Act. Public Administrative Law, 42 Am. Jur. 3 2, 

#77; Utah Hotel Co. v. Industrial Commission (Utah 7 , 

151.P (26) 467, 470, 15 

v. State (Tex. Cr. App. 7 

A.L.R. 1176, 11803 Williams 

176 S.W. (26) 177. 

The phrase "any wrltten'order" used in the 

Act under consideration (Art. 1568 P.C.) refers to 

written ordertF%uade after inspection of the premises 

pursuant to the general authority granted under the Act. 

It does not expand the powers of the Commissioner beyond the powers granted in the Act. The same is true 

of orders dealing with conditions "endangering the 

health~of the employees." Only orders dealing with 

the. unsanitary conditions mentioned In the Act would 

be of force and effect. The Conmlssloner Is not authorized to issue orders dealing with all conditions 

which he believes 'endanger the health of the employees." 

As to your third question, the 44th Legislature, Acts 1935, Regular Session, Chapter 245, page 

618, recognized the importance of the work done by the 

Department, by providing for additional revenues SO 

that you could more efficle$tly "enforce labor laws 

in the 011 and gas fields. 

Oil fields are usually developed in rural 

areas where labor laws play a very small part. But 

with the development of oil and the increased population Incident thereto, the safety, health, and morals 

of the community require an efficient enforcement of 

the labor laws. This can only be done by an increased 

staff. The purpose of this enactment is to furnish 

the Increased personnel to better enforce the labor 

laws entrusted to your Department, such as the Child 

Labor Law, the Semi-Monthly Pay Day Law, the Rmployment and Agency Law, the q-54 Hour Law for Women, the 

Semi-Monthly Payment Wage Law and Public Work, Protection of Wortien on Buildings and other laws entrusted 

to your Department for enforcement. It does not mean 

merely the petroleum industry. It covers the petroleum industry only Insofar as that industry like others 

comes within the purview of the statutes entrusted to 

you for enforcement. Such a view Is inescapable by 

a reading of Section 7 o? the 1935 Act, which provides 

as follows: 
Hon. #. B. PIorgan, Page 8,(V-478) ~ 

"oil 

%ec.' 7. " There ie hereby appropriated 

out ~of the.,funds accruing froia the Oil and 

t3as:Rpforcement Fund hereinbe$‘ore provided 

the ainount’. of Three ‘mousand One Hundred Flft,y Dbllargt ($3$150) ‘,ibr the ‘pimiose 0% paying ~’ 

salaries, o,f Dept+y Comlsrloners :of Labor 

St&ist$cs to enforce 18bm lam in, the 011 

and. gas .Tields . ,! 

me Legislature did~not intend for the wcrds 

and ..gas fields” to .&ubrace ,the oil and gas or, petroleltm tidustrs. It sis@ly meant that the laws affectIn&the working people of this St&b be enforced In 

those areas and localities where oil and gas are,:produced. 

SUWUARY 

The ConmIssioner of the Bureau of 

Labor StdtIstica does~ not have general 

rulmnaking power under the Health; Safets;. and Morals~ Act (Apt. 1573-80 V.C.S. 

Art, ~1567, 1548 P iC. ) ., .’ He may, however, 

issue intcrpretatlotis and. sug&Oataa. standards’to assist bnslnesses covered by the 

Act to establish cbndltlons which aore 

nearly miet’~the genersl standards OS thy 

Act. ,. ‘,’ ‘,~.: 

used In the 1935 Acts, ei 

as fields; a8 

4th Leg., Reg. 

The term “oil and 

Seas., Ch.,245, page 618, apprcqx?iatlng 

adqUtiona1 monies ~to “enforce. labor law8 

in the oil, and gaa flelde” refers to the 

geoeaphic locslities where such im&cts, 

atie produced, and not to.the petroleum industry, as a whole. 

Youre very truly 

ATTORREY BERRRiiL OF TlsI88 

ACTIBO ATTORRRY ~EMXR& 

DW/$nc/mw/lh/JCP 

David’ Wtqtch 

Assistant 

. . 

.