Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1910-11-15

scaffolding, staging or other structure
more than twenty feet from the
ground or floor shall be secured from
swaying and provided with a strong
and efficient safety rail or other con-
trivance, so as to prevent any person
from falling therefrom, and all dan
gerous machinery shall be securely
covered and protected to the fullest ex-
tent that the proper operation of the
machinery permits, and all shafts
wells floor openings and similar places
of danger shall be enclosed, and all
machinery other than that operated by
hand power shall, whenever necessary
for the safety of persons employed in
or about the same, or for the safety of
the general public, be provided with a
system of communication by means of
signals, so that at all times there may
be prompt and efficient communica-
ton between the employees or other
persons and the operator of the motive
| power, and in the transmission and
use of electricity of dangerous volt
! age full and complete insulation shall
be provided at all points where the
public or the employees of the owner,
contractor or sub-contractor trans
mitting or using said electricity are
liable to come in contact with the wire,
and dead wires shall not be mingled
with live wires, nor strung upon the
same support, and the arms or sup
ports bearing live wires shall be espec-
tally designated by a color or other
designation which is instantly appar-
ent and live electrical wires carrying
dangerous voltage shall be strung at
such distance from the poles or sup
ports as to permit repairmen to freely
engage in their work without danger
of shock; and generally all owners,
contractors or sub-contractors and
other persons having charge of, or
responsible for, any work involving a
risk or danger to the employees or the
public, shall use every device, care and
precaution which it is practicable to
use for the protection and safety Of
life and limb, limited only by the nee
essty for preserving the efficiency of
the structure, machine or other appar-
atus or device, and without regard to
the additional cost of suitable material
or safety appliance and devices.
Section 2. The manager, superin-
tendent, foreman or other person in
charge or control of the construction
or works or operation, or any part
I,o1 In 10 "a ha nt
of the employer in all suits for dam
ages for death or injury suffered by an
employe.
Section g. 1t shall be the duty of
owners, contractors, sub-contractors,
foremen, architects or other persons
having charge of the particular work,
to see that the requirements of this act
are complied with, and for any failure
in this respect the person or persons
delinquent shall, upon conviction of
Violating any of the provisions of this
act, be fined not less than ten dollars,
nor more than one thousand dollars,
or imprisoned not less than ten days,
nor more than one year, or both, in the
discretion of the court, and this shall
not affect or lessen the civil liability of
such persons as the case may be.
Section 4. If there shall be loss of
life by reason of the neglects or fail
ures or violations of the provisions of
this act by any owner, contractor, or
sub-contractor, or any person liable
under the provisions of this act, the
widow of the person so killed, his lin
cal heirs or adopted children, or the
husband, mother, or father, as the case
may be, shall have a right of action
without any limit as to the amount OF
damages which may be awarded.
Section 5. In all actions brought to
recover from an employer for injuries
suffered by an employe the negligence
of a fellow servant shall not be a de-
fense where the injury was caused or
contributed to by any of the following
causes, namely: Any defect in the
structure, materials, works, plant or
machinery of which the employer or
his agent could have had knowledge
by the exercise of ordinary care; the
neglect of any person engaged as su-
perintendent, manager, foreman, or
other person in charge or control of
the works, plant, machinery or appli-
ances; the incompetence or negligence
of any person in charge of. directing
the particular work In which the em-
plove was engaged at the time of the
injury or death; the Incompetence or
negligence of any person to whose or
ders the employe was bound to con-
form and did conform and by reason
of his having conformed thereto the
injury or death resulted; the act of any
fellow servant done in obedience to the
rules. instructions or orders given by
the employer or any other person who
has authority to direct the doing of
said act.
Section 6. The contributory negli-
gence of the person injured shall not
be a defense, but may be taken into
account by the jury in fixing the
amount of the damage.
Section Z. All acts or parts of acts
inconsistent herewith are hereby re-
Dealed,