reglab/housing_qa huggingface dataset:
NE Code § 48-421 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-421 - Accidents; reports; contents.

48-421.  Accidents; reports; contents.Every person operating a plant where machinery is used, shall report in writing to the Department of Labor all fatal accidents within forty-eight hours after their occurrence, and all other accidents within two weeks after their occurrence. Such report shall state fully the cause of the accidents, the nature and extent of the injuries, and the probable loss of time which will result therefrom.Source   Laws 1911, c. 67, § 10, p. 302;   Laws 1913, c. 103, § 1, p. 261;   R.S.1913, § 3598;   Laws 1919, c. 190, tit. IV, art. IV, § 17, p. 562;   C.S.1922, § 7698;   C.S.1929, § 48-417;   R.S.1943, § 48-421. Annotations Applicability of act is limited to operator. Quist v. Duda, 159 Neb. 393, 67 N.W.2d 481 (1954).
NE Code § 48-422 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-422 - Violations; liability for injuries.

48-422.  Violations; liability for injuries.Every person operating a plant where machinery is used who shall violate any of the provisions of sections 48-401 to 48-424 shall be liable in damages to any person injured, as a result thereof, or to the heirs of any person who shall have died as a result thereof.Source   Laws 1919, c. 190, tit. IV, art. IV, § 18, p. 562;   C.S.1922, § 7699;   C.S.1929, § 48-418;   R.S.1943, § 48-422. Annotations  Employee's acceptance of benefits under Workmen's Compensation Act ordinarily constitutes release to employer of claims at law arising from the injury. Edelman v. Ralph Printing & Lithographing, Inc., 189 Neb. 763, 205 N.W.2d 340 (1973). Recovery was denied in action brought under this section against manager of elevator. Fosler v. Aden, 175 Neb. 535, 122 N.W.2d 494 (1963). Applicability of act is limited to operator. Quist v. Duda, 159 Neb. 393, 67 N.W.2d 481 (1954). Employer failing to comply with statutory duty for benefit of employees can be held liable for injuries to employees only if there is a causal connection between his negligence and the injury of which the employee complains. Smith v. Morton Motor Co., 145 Neb. 396, 16 N.W.2d 843 (1944). Where evidence failed to show that any machinery was used in room where plaintiff worked, court was not required to instruct jury with reference to this section. Grover v. Aaron Ferer & Sons, 122 Neb. 755, 241 N.W. 539 (1932). Notwithstanding injury to minor employee was caused by employer's violation of statute requiring screens to protect from machinery, Workmen's Compensation Act applied and employer was not liable at common law. Navracel v. Cudahy Packing Co., 109 Neb. 506, 191 N.W. 659 (1922), reh'g denied, 109 Neb. 512, 193 N.W. 768 (1923). Where appliances furnished for protection of employee are of standard make and in common use, and no defect is shown therein, cause of action is not made out for not furnishing proper appliances. Grant Storage Battery Co. v. DeLay, 87 F.2d 726 (8th Cir. 1937).
NE Code § 48-423 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-423 - Violations; assumption of risk.

48-423.  Violations; assumption of risk.The continuance by any person in the employ of any such operator shall not be deemed an assumption of the risks of such employment.Source   Laws 1919, c. 190, tit. IV, art. IV, § 19, p. 562;   C.S.1922, § 7700;   C.S.1929, § 48-419;   R.S.1943, § 48-423. Cross References  Actions against railroad or street railroad company, employee shall not be held to have assumed risk where company or its agents, servants, or employees have been guilty of negligence, see section 25-21,184.Annotations  Applicability of act is limited to operator. Quist v. Duda, 159 Neb. 393, 67 N.W.2d 481 (1954). Employee assumes risk arising from lead poisoning, where adequate warning and instructions to prevent injury are given. Grant Storage Battery Co. v. DeLay, 87 F.2d 726 (8th Cir. 1937).
NE Code § 48-424 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-424 - Health and safety regulations; violations; penalty.

48-424.  Health and safety regulations; violations; penalty.Every person who shall violate any of the provisions of sections 48-401 to 48-423 shall be guilty of a Class II misdemeanor.Source   Laws 1919, c. 190, tit. IV, art. IV, § 20, p. 562;   C.S.1922, § 7701;   C.S.1929, § 48-420;   R.S.1943, § 48-424;   Laws 1965, c. 284, § 1, p. 813;   Laws 1977, LB 40, § 284.  Annotations Requirements of act did not apply to a landlord who was not occupant of building or operator of safety device. Quist v. Duda, 159 Neb. 393, 67 N.W.2d 481 (1954).
NE Code § 48-425 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-425 - Scaffolds or staging; safety requirements.

48-425.  Scaffolds or staging; safety requirements.All scaffolds, hoists, cranes, stays, ladders, supports or other mechanical contrivances used in the erection, repairing, alteration, removal or painting of any house, building, bridge, viaduct or other structure, shall be erected and constructed in a safe, suitable and proper manner. Scaffolding or staging, swung or suspended from an overhead support and more than twenty feet from the ground floor, shall have, where practicable, a safety rail properly bolted, secured and braced, rising at least thirty-four inches above the floor or main portion of such scaffolding or staging, and extending along the entire length of the outside and ends thereof and properly attached thereto, and such scaffolding and staging shall be so fastened as to prevent the same from swaying from the building or structure.Source   Laws 1911, c. 65, § 1, p. 289;   R.S.1913, § 3602;   Laws 1919, c. 190, tit. IV, art. IV, § 21, p. 562;   C.S.1922, § 7702;   C.S.1929, § 48-421;   R.S.1943, § 48-425. Annotations  1. Scaffolding or staging 2. Miscellaneous 1. Scaffolding or staging This section does not preclude indemnification against a breach of the statutory duty concerning scaffolding. Oddo v. Speedway Scaffold Co., 233 Neb. 1, 443 N.W.2d 596 (1989). It is the responsibility of a subcontractor who owns, erects, and controls scaffold for use of his own employees to comply with safety regulations hereunder. Hand v. Rorick Constr. Co., 190 Neb. 191, 206 N.W.2d 835 (1973). Duty to secure ladder was that of plaintiff independent contractor rather than of defendant general contractor. Laaker v. Hartman, 186 Neb. 774, 186 N.W.2d 494 (1971). Defective scaffold formed the basis of cross-petition by defendant against codefendant. Rogers v. Western Electric Co., 179 Neb. 359, 138 N.W.2d 423 (1965). Prior case involving scaffolding on building is distinguished. Fosler v. Aden, 175 Neb. 535, 122 N.W.2d 494 (1963). Where scaffold was supplied under contract of bailment, bailor was liable if scaffold did not meet requirements of statute. Baer v. Schaap, 168 Neb. 578, 97 N.W.2d 207 (1959). Scaffold must be safe, suitable, and proper for the purpose for which it is used, and employer is liable if it does not meet this requirement. Johnson v. Weborg, 142 Neb. 516, 7 N.W.2d 65 (1942). Issue of responsibility for proper erection and maintenance of ladder was question for a jury. Farmers Co-op Elevator Ass'n. v. Strand, 382 F.2d 224 (8th Cir. 1967). Erection of an unsafe scaffold is negligence per se. Continental Can Co. v. Horton, 250 F.2d 637 (8th Cir. 1957). 2. Miscellaneous This section does not apply to employer-independent contractor relationships. Semler v. Sears, Roebuck, & Co., 268 Neb. 857, 689 N.W.2d 327 (2004). Section is constitutional as to owner of real estate. Butera v. Mardis Co., 99 Neb. 815, 157 N.W. 1024 (1916).
NE Code § 48-426 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-426 - Buildings; construction; supports, floor strength.

48-426.  Buildings; construction; supports, floor strength.If in any house, building or structure in process of erection or construction, except a private barn, or a private house, the distance between the enclosed walls is more than twenty-four feet in the clear, there shall be built, kept and maintained, proper intermediate supports for the joists, which supports shall be either brick walls or iron or steel columns, beams, trusses or girders. The floors in all such houses, buildings or structures shall be capable of bearing in all their parts, in addition to the weight of the floor construction, partitions and permanent fixtures and mechanisms that may be set upon the same, a live load of fifty pounds for every square foot of floor surface.Source   Laws 1911, c. 65, § 2, p. 290;   R.S.1913, § 3603;   Laws 1919, c. 190, tit. IV, art. IV, § 22, p. 563;   C.S.1922, § 7703;   C.S.1929, § 48-422;   R.S.1943, § 48-426.
NE Code § 48-427 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-427 - Buildings; construction; floor loads; notice.

48-427.  Buildings; construction; floor loads; notice.The owner of every house, building or structure, except a private barn or a private house, shall affix and display conspicuously on each floor of such building during construction, a placard, stating the load per square foot of floor surface which may, with safety, be applied to the particular floor during construction. If the strength of different parts of any floor varies, then there shall be placards for each varying part of such floor. It shall be unlawful to load any such floors, or any part thereof, to a greater extent than the load indicated on the placard, and all such placards shall be verified and approved by the Department of Labor, or other proper authority in the city or village charged with the enforcement of building laws.Source   Laws 1911, c. 65, § 3, p. 290;   R.S.1913, § 3604;   Laws 1919, c. 190, tit. IV, art. IV, § 23, p. 563;   C.S.1922, § 7704;   C.S.1929, § 48-423;   R.S.1943, § 48-427.
NE Code § 48-428 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-428 - Scaffolding; platforms; inspection; notice; duty to render safe.

48-428.  Scaffolding; platforms; inspection; notice; duty to render safe.Whenever it shall come to the notice of the Department of Labor or the local authority in any city or village of this state, charged with the duty of enforcing the building laws, that the scaffolding or the slings, hangers, blocks, pulleys, stays, braces, ladders, irons or ropes of any swinging or stationary scaffolding, platform or other similar device, used in the construction, alteration, removing, repairing, cleaning or painting of buildings, bridges or viaducts within this state are unsafe, or liable to prove dangerous to the life or limb of any person, the department, or such local authority or authorities, shall immediately cause an inspection to be made of such scaffolding, platform or device, or the slings, hammocks, blocks, pulleys, stays, braces, ladders, iron or other parts connected therewith. If, after examination, such scaffolding, platform or device, or any of such parts, is found to be dangerous to the life or limb of any person, the department or such local authority shall at once notify the person responsible for its erection or maintenance of such fact and warn him against the use, maintenance or operation thereof and prohibit the use thereof, and require the same to be altered and reconstructed so as to avoid such danger. Such notice may be served personally upon the person responsible for its erection or maintenance or by conspicuously affixing it to the scaffold, platform or other such device, or the part thereof declared to be unsafe. After such notice has been so served or affixed the person responsible therefor shall cease using and immediately remove such scaffolding, platform or other device or part thereof, and alter or strengthen it in such manner as to render it safe. The department, or such local authority, whose duty it is to examine or test any scaffolding, platform or other similar device, or part thereof, required to be erected and maintained by this section, shall have free access at all reasonable hours to any building or structure or premises containing such scaffolding, platform or other similar device, or parts thereof, or where they may be in use. All swinging and stationary scaffolding, platforms or other devices shall be so constructed as to bear four times the maximum weight required to be dependent thereon, or placed thereon when in use, and such swing, scaffolding, platform or other device shall not be so overloaded or crowded as to render the same unsafe or dangerous.Source   Laws 1911, c. 65, § 4, p. 291;   R.S.1913, § 3605;   Laws 1919, c. 190, tit. IV, art. IV, § 24, p. 563;   C.S.1922, § 7705;   C.S.1929, § 48-424;   R.S.1943, § 48-428. Annotations It is the responsibility of a subcontractor who owns, erects, and controls scaffold for use of his own employees to comply with safety regulations hereunder. Hand v. Rorick Constr. Co., 190 Neb. 191, 206 N.W.2d 835 (1973).
NE Code § 48-429 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-429 - Scaffolding; staging; safety devices.

48-429.  Scaffolding; staging; safety devices.Any person employing or directing another to perform labor of any kind in the erecting, altering, repairing or painting of any water pipe, standpipe, tank, smokestack, chimney, tower, steeple, pole, staff, dome or cupola, when the use of any scaffolding, staging, swing, hammock, support, temporary platform or other similar contrivance is required or used in the performance of such labor, shall keep and maintain at all times, while such labor is being performed, and such mechanical device is in use or operation, a safe and proper scaffold, stay, support or other suitable device, not more than sixteen feet below such working scaffold, staging, swing, hammock, support, or temporary platform, when such work is being performed at a height of thirty-two feet or more.Source   Laws 1911, c. 65, § 5, p. 292;   R.S.1913, § 3606;   Laws 1919, c. 190, tit. IV, art. IV, § 25, p. 564;   C.S.1922, § 7706;   C.S.1929, § 48-425;   R.S.1943, § 48-429.
NE Code § 48-430 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-430 - Buildings; floors; safety regulations.

48-430.  Buildings; floors; safety regulations.All contractors and owners, when constructing buildings where the plans and specifications require the floors to be arched between the beams thereof, or where the floors or filling in between the floors are fireproof material or brick work, shall complete the flooring or filling in as the building progresses, to within at least two tiers or beams below that on which the iron work is being erected. If the plans and specifications of such building do not require filling in between the beams of floors with brick or fireproof material, all contractors for carpenter work in the course of construction shall lay the underflooring thereof, or a safe temporary floor on each story as the building progresses to within at least two stories or floors below the story where the work is being performed. If the floor beams are of iron or steel, the contractors for the iron or steel work of buildings in the course of construction, or the owners of such buildings shall thoroughly plank over the entire tier or iron or steel beams on which the structural iron or steel work is being erected, except such spaces as may be reasonably required for the proper construction of such iron or steel work and for the raising and lowering of materials to be used in the construction of buildings, or such spaces as may be designated by the plans and specifications for stairways and elevator shafts.Source   Laws 1911, c. 65, § 6, p. 293;   R.S.1913, § 3607;   Laws 1919, c. 190, tit. IV, art. IV, § 26, p. 565;   C.S.1922, § 7707;   C.S.1929, § 48-426;   R.S.1943, § 48-430.
NE Code § 48-431 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-431 - Buildings; construction; elevating machines or hoists; safety regulations.

48-431.  Buildings; construction; elevating machines or hoists; safety regulations.If elevating machines or hoisting apparatus are used within a building in the course of construction for the purpose of lifting materials to be used in such construction, the contractors or owners shall cause the shafts or openings in each floor to be enclosed or fenced in on all sides by a substantial barrier or railing at least eight feet in height. Any hoisting machines or engines used in such building construction shall, where practicable, be set up or placed on the ground, and where it is necessary in the construction of such building to place such hoisting machine or engine on some floor above the ground floor, such machine or engine must be properly secured and supported with a foundation capable of safely sustaining twice the weight of such machine or engine. If a building in course of construction is five stories or more in height, no material needed for such construction shall be hoisted or lifted over public streets or alleys unless such street or alley shall be barricaded from use by the public. The chief officer in any city or village charged with the enforcement of local building laws and ordinances, shall cooperate with the Department of Labor in enforcing the provisions of sections 48-425 to 48-435.Source   Laws 1911, c. 65, § 7, p. 293;   R.S.1913, § 3608;   Laws 1919, c. 190, tit. IV, art. IV, § 27, p. 565;   C.S.1922, § 7708;   C.S.1929, § 48-427;   R.S.1943, § 48-431.
NE Code § 48-432 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-432 - Buildings; elevating machines or hoists; signals.

48-432.  Buildings; elevating machines or hoists; signals.If elevating machines or hoisting apparatus, operated or controlled by other than hand power, are used in the construction, alteration or removal of any building or other structure, a complete and adequate system of communication by means of signals shall be provided and maintained by the owner, contractor or subcontractor, during the use and operation of such elevating machines or hoisting apparatus.Source   Laws 1911, c. 65, § 8, p. 294;   R.S.1913, § 3609;   Laws 1919, c. 190, tit. IV, art. IV, § 28, p. 566;   C.S.1922, § 7709;   C.S.1929, § 48-428;   R.S.1943, § 48-432.
NE Code § 48-433 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-433 - Building plans; duty of architects or draftsmen; violation; penalty.

48-433.  Building plans; duty of architects or draftsmen; violation; penalty.All architects or draftsmen in preparing plans, specifications or drawings to be used in the erection, repairing, altering or removing of any building or structure within the terms and provisions of sections 48-425 to 48-435, shall provide in such plans, specifications and drawings for all the permanent structural features or requirements specified in said sections. Any person violating the provisions of this section shall be guilty of a Class IV misdemeanor.Source   Laws 1911, c. 65, § 9, p. 294;   R.S.1913, § 3610;   Laws 1919, c. 190, tit. IV, art. IV, § 29, p. 566;   C.S.1922, § 7710;   C.S.1929, § 48-429;   R.S.1943, § 48-433;   Laws 1977, LB 40, § 285.
NE Code § 48-434 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-434 - Violations; penalty; prosecution.

48-434.  Violations; penalty; prosecution.(1) Any person violating any of the provisions of sections 48-425 to 48-432 shall be guilty of a Class II misdemeanor.(2) All prosecutions for offenses relating to health and safety laws and regulations under sections 48-401 to 48-435 shall be brought in the name of the State of Nebraska before any court having jurisdiction thereof. It shall be the duty of all county attorneys in their respective counties to prosecute all persons charged with offenses against the health and safety laws and regulations of this state.Source   Laws 1911, c. 65, § 10, p. 295;   R.S.1913, § 3611;   Laws 1919, c. 190, tit. IV, art. IV, § 30, p. 566;   C.S.1922, § 7711;   C.S.1929, § 48-430;   R.S.1943, § 48-434;   Laws 1969, c. 400, § 6, p. 1393;   Laws 1973, LB 2, § 1;   Laws 1977, LB 40, § 286.  Annotations Effect of 1919 amendment to this section discussed. Quist v. Duda, 159 Neb. 393, 67 N.W.2d 481 (1954).
NE Code § 48-435 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-435 - Buildings; construction; violations; assumption of risk.

48-435.  Buildings; construction; violations; assumption of risk.The continuance by any person in the employ of any such operator shall not be deemed an assumption of the risk of such employment.Source   Laws 1911, c. 65, § 11, p. 296;   R.S.1913, § 3612;   Laws 1919, c. 190, tit. IV, art. IV, § 31, p. 567;   C.S.1922, § 7712;   C.S.1929, § 48-431;   R.S.1943, § 48-435. Annotations  This section did not apply to plaintiff independent contractor as he was not employee of defendant general contractor. Laaker v. Hartman, 186 Neb. 774, 186 N.W.2d 494 (1971). Effect of 1919 amendment to this section discussed. Quist v. Duda, 159 Neb. 393, 67 N.W.2d 481 (1954). Statute, insofar as it makes liable owner of lot on which building is being erected, is constitutional. Butera v. Mardis Co., 99 Neb. 815, 157 N.W. 1024 (1916). Assumption of risk doctrine had no bearing in determining negligence of owner of property. Farmers Co-op Elevator Assn. v. Strand, 382 F.2d 224 (8th Cir. 1967).
NE Code § 48-436 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-436 - Terms, defined.

48-436.  Terms, defined.For purposes of sections 48-436 to 48-442, unless the context otherwise requires:(1) High voltage means a voltage in excess of six hundred volts, measured between conductors, or measured between the conductor and the ground; and(2) Authorized and qualified persons includes employees of any electric utility, public power district, or public power and irrigation district with respect to the electrical systems of such utilities, employees of communications utilities, common carriers engaged in interstate commerce, state, county, or municipal agencies with respect to work relating to their facilities on the poles or structures of an electric utility or railway transportation system, employees of a railway transportation system or a metropolitan utilities district engaged in the normal operation of such system, and employees of a contractor with respect to work under his or her supervision when such work is being performed under contract for, or as an agent of, the owner of the above utilities, companies, or agencies, so long as all such persons meet the requirements for working near overhead high voltage conductors as provided in 29 C.F.R. 1910.269(a)(2)(ii) through 1910.269(a)(3), as such regulations existed on July 19, 2012.Source   Laws 1969, c. 390, § 1, p. 1370;  Laws 2012, LB997, § 1.