reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-412 - Safety appliances; codes and standards.

48-412.
Safety appliances; codes and standards.
All safety appliances prescribed by sections 48-401 to 48-424 shall be subject to the approval of the Commissioner of Labor. The commissioner is directed and empowered to formulate, adopt, publish and enforce such safety codes, orders, rules and standards as he deems necessary, in order that all employments and places of employment shall be, in all respects, so constructed, equipped, arranged, operated and maintained as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein and frequenting the same, as the nature of the employment will reasonably permit. Such codes as may be adopted shall be subject to modification, amendment or repeal at any time, in the discretion of the commissioner.
Source
Laws 1919, c. 190, tit. IV, art. IV, § 12, p. 561;
C.S.1922, § 7693;
Laws 1929, c. 138, § 1, p. 492;
C.S.1929, § 48-412;
R.S.1943, § 48-412;
Laws 1969, c. 400, § 1, p. 1390.
Annotations
Safety appliance codes apply only where the relationship of employer and employee exists. Quist v. Duda, 159 Neb. 393, 67 N.W.2d 481 (1954).
The violation of a provision of a safety code intended to protect life, health, and safety of employees constitutes actionable negligence but such negligence must be shown to have been the proximate cause of the injury. Wertz v. Lincoln Liberty Life Ins. Co., 152 Neb. 451, 41 N.W.2d 740 (1950).
Rules of Department of Labor are not applicable to a farming and stockraising business. Groat v. Clausen, 139 Neb. 689, 298 N.W. 563 (1941).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-413 - Safety codes; adopt, amend, or repeal; Nebraska Safety Code for Building Construction; procedures.

48-413.
Safety codes; adopt, amend, or repeal; Nebraska Safety Code for Building Construction; procedures.
(1) The Commissioner of Labor shall, from time to time, create advisory committees composed of employers, employees, and such other persons as the commissioner may designate, to advise him in formulating, adopting, amending or repealing such codes, orders, rules and standards. Before any code is adopted, amended or repealed there shall be a public hearing thereon, notice of which hearing shall be given such publicity as the commissioner deems necessary. The commissioner may make or cause to be made such investigations and surveys as will assist in the formulation and modification of such codes, orders, rules and standards.
(2) A safety code may be adopted as a regulation by the Commissioner of Labor and shall thereafter be known as the Nebraska Safety Code for Building Construction. A copy of this code, if so adopted, shall be kept on file in the office of the Commissioner of Labor. Any amendment or change thereafter made in such code shall become effective in this state only after public notice and hearing thereon as provided in the Administrative Procedure Act.
Source
Laws 1929, c. 138, § 1, p. 493;
C.S.1929, § 48-412;
R.S.1943, § 48-413;
Laws 1969, c. 400, § 2, p. 1391.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-414 - Safety codes; enforcement; violation; penalty; coverage of sections.

48-414.
Safety codes; enforcement; violation; penalty; coverage of sections.
It shall be the duty of the Commissioner of Labor to make or cause to be made periodic inspections of all places of employment for the purpose of enforcing the provisions of such safety codes as have been adopted, and any inspector or employee of the commissioner may order the discontinuance of the use or operation of any machine or device, or the discontinuance of work at any location, which does not conform to the provisions of the code or codes pertaining thereto. The commissioner shall adopt a suitable label to be attached to any such machine or device stating that the use or operation of such machine or device is dangerous and has been ordered discontinued. The commissioner shall adopt a similar label or sign to be posted at any location where work has been ordered discontinued. Such label shall not be removed except upon authority from the commissioner. Any employer or employee who uses or operates, or causes to be used or operated, any machine or device so labeled, or who continues work at any location where work has been ordered discontinued, shall be guilty of a Class II misdemeanor. Railroad companies engaged in interstate or foreign commerce are not within the provisions of sections 48-412 to 48-416. Public power and irrigation districts, under Chapter 70, article 6, are subject to the provisions of Chapter 48, article 4.
Source
Laws 1929, c. 138, § 1, p. 493;
C.S.1929, § 48-412;
R.S.1943, § 48-414;
Laws 1969, c. 400, § 3, p. 1391;
Laws 1977, LB 40, § 282;
Laws 1979, LB 467, § 1.
Annotations
Evidence that Department of Labor has inspected and approved a particular machine is prima facie evidence that its use is not in violation of this act. Goodwin v. Epsen Lithographing Co., 183 Neb. 281, 160 N.W.2d 183 (1968).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-415 - Safety codes; validity or reasonableness; appeal to Commissioner of Labor.

48-415.
Safety codes; validity or reasonableness; appeal to Commissioner of Labor.
Any person in interest, or his duly authorized agent, may file a petition with the Commissioner of Labor for a review of the validity or reasonableness of any code, order, rule or standard made under the provisions of section 48-412. The commissioner shall, as soon as practicable thereafter, hold a hearing to determine the issues raised, and shall give ample notice of the time and place of such hearing to the petitioner, and to such other interested persons as the commissioner may determine.
Source
Laws 1929, c. 138, § 1, p. 493;
C.S.1929, § 48-412;
R.S.1943, § 48-415;
Laws 1969, c. 400, § 4, p. 1392.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-416 - Appeal; procedure.

48-416.
Appeal; procedure.
Any person in interest who is dissatisfied with the decision of the Commissioner of Labor may appeal the decision, and the decision shall be in accordance with the Administrative Procedure Act.
Source
Laws 1929, c. 138, § 1, p. 494;
C.S.1929, § 48-412;
R.S.1943, § 48-416;
Laws 1969, c. 400, § 5, p. 1392;
Laws 1988, LB 352, § 84.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-417 - Electric plants; safety regulations.

48-417.
Electric plants; safety regulations.
Signs or indicating lamps shall be placed at all switches in electric light and power plants or other places where high-pressure currents are used, to show whether the current is on or off the circuit. When current is turned off a circuit for repair, the switch shall first be tagged, the tag bearing the name of the person for whom it is turned off. The tag shall not be removed or the current turned on until the person for whom it was tagged shall notify the operator that his work has ceased.
Source
Laws 1919, c. 190, tit. IV, art. IV, § 13, p. 561;
C.S.1922, § 7694;
C.S.1929, § 48-413;
R.S.1943, § 48-417.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-419 - Steam boilers; repairs; safety regulations.

48-419.
Steam boilers; repairs; safety regulations.
Where a number of boilers deliver to a common steam main, they shall be equipped with a shutoff or throttle valve for each boiler to take it out of service for repairs and inspection necessitating the entry therein of workmen. A metal shield shall be constructed covering the hand wheel of the valve hinging in the center and containing hasp and lock. The shield shall be painted red and marked with the words Man in boiler. The workman shall be allowed to retain key in his possession while in such boiler.
Source
Laws 1919, c. 190, tit. IV, art. IV, § 15, p. 561;
C.S.1922, § 7696;
C.S.1929, § 48-415;
R.S.1943, § 48-419.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-420 - Fire escapes; when required.

48-420.
Fire escapes; when required.
Every factory or other institution, more than two stories in height, shall be equipped with outside fireproof iron stairways, chutes or toboggans, and one automatic fire escape for every fifteen persons working or congregating therein at any time, who, for any reason, are unable to reach or use the outside fireproof stairways, chutes or toboggans.
Source
Laws 1919, c. 190, tit. IV, art. IV, § 16, p. 562;
C.S.1922, § 7697;
C.S.1929, § 48-416;
R.S.1943, § 48-420.
Annotations
Under former penal statute relating to fire escapes, law will not be extended to include agents of owners who fail, after notice, to erect fire escapes. State v. Dailey, 76 Neb. 770, 107 N.W. 1094 (1906).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-437 - High voltage lines; prohibited acts; penalty.

48-437.
High voltage lines; prohibited acts; penalty.
(1) No person, firm, or corporation, or agent of such person, firm, or corporation, shall require or permit any employee, except an authorized and qualified person, to perform and no person, except an authorized and qualified person, shall perform any function within the distances from overhead high voltage conductors prohibited by sections 48-436 to 48-442; or enter upon any land, building, or other premises, and there to engage in any excavation, demolition, construction, repair, or other operations, or to erect, install, operate, or store in or upon such premises any tools, machinery, equipment, materials, or structures, including house-moving, well-drilling, pile-driving, or hoisting equipment, within the distances from overhead high voltage conductors prohibited by sections 48-436 to 48-442, unless and until danger from accidental contact with such high voltage conductors has been effectively guarded against in the manner prescribed in sections 48-436 to 48-442.
(2)(a) No person except an authorized and qualified person shall manipulate overhead high voltage conductors or other components, including the poles and other structures, of an electric utility. Under no circumstances shall an authorized and qualified person work on the electrical system of an electric utility that he or she is not employed by unless written authorization has been obtained from such electric utility. This subsection shall not be construed to apply to activities performed by an authorized and qualified person employed by an electric utility on the electrical system of another electric utility when the nonowning or nonoperating electric utility has a written agreement with the owning and operating electric utility (i) providing for the joint use of or interconnection of the electrical systems of both the electric utilities or (ii) approving authorized and qualified persons employed by the nonowning or nonoperating electric utility to work on the electrical system of the owning or operating electric utility on an ongoing basis.
(b) Any person, firm, or corporation, or any employee thereof, violating any provisions of this subsection shall be guilty of a Class II misdemeanor.
Source
Laws 1969, c. 390, § 2, p. 1371;
Laws 2012, LB997, § 2;
Laws 2016, LB973, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-438 - High voltage lines; tools, equipment, materials, or buildings; operation, movement, or erection; use; conditions.

48-438.
High voltage lines; tools, equipment, materials, or buildings; operation, movement, or erection; use; conditions.
(1) Except as provided in subsections (2) and (3) of this section, the operation or erection of any tools, machinery, or equipment, or any part thereof capable of vertical, lateral, or swinging motion, or the handling or storage of any supplies, materials, or apparatus or the moving of any house or other building, or any part thereof, under, over, by, or near overhead high voltage conductors, shall be prohibited if, at any time during such operation or other manipulation, it is possible to bring such equipment, tools, materials, building, or any part thereof within ten feet of such overhead high voltage conductors, except where such high voltage conductors have been effectively guarded against danger from accidental contact, by any of the following:
(a) Erection of mechanical barriers to prevent physical contact with high voltage conductors;
(b) Deenergizing of the high voltage conductors and grounding where necessary; or
(c) Temporary relocation of overhead high voltage conductors.
(2) The minimum distance required by this section for cranes or other boom type equipment in transit with no load and with raiseable portions lowered shall be four feet.
(3) Nothing in sections 48-436 to 48-442 shall prohibit the moving of general farm equipment under high voltage conductors where clearances required by sections 48-436 to 48-442 are maintained.
(4) The activities performed as described in subdivisions (1)(a), (b), and (c) of this section shall be performed only by the owner or operator of the high voltage conductors unless written authorization has been obtained from such owner or operator. This subsection shall not be construed to apply to activities performed by an electric utility on high voltage conductors of another electric utility when the electric utilities have a written agreement (a) providing for joint use of poles or structures supporting the high voltage conductors of the electric utilities or (b) approving the nonowning electric utility's performance of the activities described in subdivisions (1)(a), (b), and (c) of this section on an ongoing basis on the owning or operating electric utility's high voltage conductors.
Source
Laws 1969, c. 390, § 3, p. 1371;
Laws 2012, LB997, § 3.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-439 - Posting of warning signs.

48-439.
Posting of warning signs.
The owner, agent or employer responsible for the operation of equipment shall post and maintain in plain view of the operator on each crane, derrick, driver, or similar apparatus, any part of which is capable of vertical, lateral or swinging motion, an approved weather resistant warning sign legible at twelve feet reading: Warning—Unlawful to operate this equipment within ten feet of high voltage conductors; and shall post and maintain similar signs on the outside of the equipment in such locations as to be readily visible to other persons engaged in the work operation or in the vicinity of the work operation.
Source
Laws 1969, c. 390, § 4, p. 1372.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-441 - Sections, when not applicable.

48-441.
Sections, when not applicable.
Nothing in sections 48-436 to 48-442 shall apply to any authorized or qualified person as defined in section 48-436 or the owner, agent, or employer of such persons in the performance of work or the moving of equipment in the conduct of its business.
Source
Laws 1969, c. 390, § 6, p. 1373.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-442 - Violations; penalty.

48-442.
Violations; penalty.
Except as provided in subdivision (2)(b) of section 48-437, any person, firm, or corporation, or any employee thereof, violating any provisions of sections 48-436 to 48-442 shall be guilty of a Class V misdemeanor. Each day's failure to comply with any of the provisions of sections 48-436 to 48-442 shall constitute a separate violation.
Source
Laws 1969, c. 390, § 7, p. 1373;
Laws 1977, LB 40, § 287;
Laws 2016, LB973, § 2.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-443 - Safety committee; when required; membership; employee rights and remedies.

48-443.
Safety committee; when required; membership; employee rights and remedies.
(1)(a) Not later than January 1, 1994, every public and private employer subject to the Nebraska Workers' Compensation Act shall establish a safety committee. Such committee shall adopt and maintain an effective written injury prevention program.
(b) A client of a professional employer organization is not relieved of its obligation to establish a safety committee based on its workers being co-employees of the professional employer organization. A professional employer agreement shall not allocate the client's responsibility to establish a safety committee to the professional employer organization. For purposes of this subdivision, the terms client, professional employer organization, and professional employer agreement shall have the same meaning as in section 48-2702. This subdivision becomes operative on January 1, 2012.
(2)(a) For employers subject to collective-bargaining agreements, the establishment of the safety committee shall be accomplished through the collective-bargaining process.
(b) For employers not subject to collective-bargaining agreements, the safety committee shall be composed of an equal number of members representing employees and the employer. Employee members shall not be selected by the employer but shall be selected pursuant to procedures prescribed in rules and regulations adopted and promulgated by the Commissioner of Labor.
(c) The cost of maintaining and operating the safety committee shall be minimal to the employer.
(3) An employer shall compensate employee members of the safety committee at their regular hourly wage plus their regular benefits while the employees are attending committee meetings or otherwise engaged in committee duties.
(4) An employee shall not be discharged or discriminated against by his or her employer because he or she makes any oral or written complaint to the safety committee or any governmental agency having regulatory responsibility for occupational safety and health, and any employee so discharged or discriminated against shall be reinstated and shall receive reimbursement for lost wages and work benefits caused by the employer's action.
Source
Laws 1993, LB 757, § 32;
Laws 2010, LB579, § 19.
Cross References
Nebraska Workers' Compensation Act, see section 48-1,110.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-444 - Safety committee; failure to establish; violation; penalty.

48-444.
Safety committee; failure to establish; violation; penalty.
If the Commissioner of Labor finds, after notice and hearing, that an employer has failed to establish a safety committee pursuant to section 48-443 within fifteen days after notification by the Commissioner of Labor of the obligation to do so, the Commissioner of Labor may order payment of a civil penalty of not more than one thousand dollars for each violation. Each day of continued violation shall constitute a separate violation.
Source
Laws 1993, LB 757, § 33.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-601 - Act, how cited.

48-601.
Act, how cited.
Sections 48-601 to 48-683 shall be known and may be cited as the Employment Security Law.
Source
Laws 1937, c. 108, § 1, p. 370;
Laws 1941, c. 94, § 14, p. 401;
C.S.Supp.,1941, § 48-701;
R.S.1943, § 48-601;
Laws 1949, c. 163, § 1, p. 417;
Laws 1953, c. 167, § 1, p. 520;
Laws 1981, LB 470, § 1;
Laws 1985, LB 339, § 1;
Laws 1985, LB 343, § 1;
Laws 1994, LB 1337, § 1;
Laws 1996, LB 1072, § 1;
Laws 2001, LB 192, § 1;
Laws 2005, LB 484, § 2;
Laws 2005, LB 739, § 1;
Laws 2007, LB265, § 3;
Laws 2010, LB1020, § 1;
Laws 2014, LB961, § 12;
Laws 2017, LB172, § 4.
Annotations
Appeals to the Supreme Court under the provisions of the Employment Security Law are reviewed de novo on the record. Smith v. Sorensen, 222 Neb. 599, 386 N.W.2d 5 (1986).
The Employment Security Law provides one avenue of judicial appeal when the dispute concerns benefit liability and another when the dispute concerns contribution liability. Northern Messenger v. Sorensen, 218 Neb. 846, 359 N.W.2d 787 (1984).
The state, by its Legislature, has extensively entered the field of labor. Midwest Employers Council, Inc. v. City of Omaha, 177 Neb. 877, 131 N.W.2d 609 (1964).
A compensable claim for benefits under the unemployment compensation act must have some relation to, or connection with, the employment which employee has lost. Woodmen of the World Life Ins. Soc. v. Olsen, 141 Neb. 776, 4 N.W.2d 923 (1942).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-605 - Commissioner; salary.

48-605.
Commissioner; salary.
The commissioner, for his or her services with respect to the administration of the Employment Security Law, shall receive the salary of the commissioner as set out in section 81-103.
Source
Laws 1937, c. 108, § 10, p. 389;
Laws 1939, c. 56, § 15, p. 254;
Laws 1941, c. 94, § 15, p. 401;
C.S.Supp.,1941, § 48-710;
R.S.1943, § 48-605;
Laws 1947, c. 175, § 3, p. 572;
Laws 1949, c. 163, § 3, p. 420;
Laws 1961, c. 239, § 1, p. 712;
Laws 1984, LB 747, § 1;
Laws 1985, LB 339, § 5;
Laws 2015, LB271, § 4.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-606 - Commissioner; duties; powers; annual report; schedule of fees.

48-606.
Commissioner; duties; powers; annual report; schedule of fees.
(1) It shall be the duty of the Commissioner of Labor to administer the Employment Security Law. He or she shall have the power and authority to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as he or she deems necessary or suitable, if consistent with the Employment Security Law. The commissioner shall determine his or her own organization and methods of procedure in accordance with such law and shall have an official seal which shall be judicially noticed. Not later than the first day of January of each year, the commissioner shall submit to the Governor a report covering the administration and operation of such law during the preceding combined tax rate computational period ending September 30. The report shall include a balance sheet of the money in the fund in which there shall be provided a reserve against the liability in future years to pay benefits in excess of the then current contributions. The reserve shall be set up by the commissioner. Whenever the commissioner believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, he or she shall promptly inform the Governor and the Clerk of the Legislature and make recommendations with respect thereto. Such information and recommendations submitted to the Clerk of the Legislature shall be submitted electronically. Each member of the Legislature shall receive an electronic copy of such information upon request to the commissioner.
(2) The commissioner may establish a schedule of fees to recover the cost of services including, but not limited to, copying, preparation of forms and other materials, responding to inquiries for information, payments for returned check charges and electronic payments not accepted, and furnishing publications prepared by the commissioner pursuant to the Employment Security Law. Fees received pursuant to this subsection shall be deposited in the Employment Security Administration Fund.
(3) Nothing in this section shall be construed to allow the department to charge any fee for making a claim for unemployment benefits or receiving assistance from the state employment service established pursuant to section 48-662 when performing functions within the purview of the federal Wagner-Peyser Act, 29 U.S.C. 49 et seq., as amended.
Source
Laws 1937, c. 108, § 11, p. 390;
Laws 1941, c. 94, § 8, p. 396;
C.S.Supp.,1941, § 48-711;
R.S.1943, § 48-606;
Laws 1953, c. 167, § 4(1), p. 529;
Laws 1955, c. 231, § 8, p. 720;
Laws 1979, LB 322, § 17;
Laws 1985, LB 339, § 6;
Laws 1987, LB 278, § 1;
Laws 2003, LB 195, § 1;
Laws 2007, LB265, § 5;
Laws 2012, LB782, § 61;
Laws 2017, LB172, § 8.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-606.01 - Commissioner; office space; acquire; approval of Department of Administrative Services.

48-606.01.
Commissioner; office space; acquire; approval of Department of Administrative Services.
The commissioner, with the written consent of the Department of Administrative Services, is authorized and empowered to use any funds available under either subdivision (1)(a) or (1)(b) of section 48-621, for the purpose of acquiring suitable office space within the corporate limits of the state capital city for the administration of the Employment Security Law. Office space may be acquired by purchase, by contract, or in any other manner including the right to use such funds, or any part thereof, to assist in financing the construction of any building erected by the State of Nebraska or any of its agencies. If the Department of Labor assists in financing the construction of any building erected by the State of Nebraska or any of its agencies under a lease or contract between the commissioner and the State of Nebraska or such other agency, the Department of Labor shall continue to occupy such space rent free after the cost of financing such building has been liquidated. The commissioner, upon approval by the Department of Administrative Services, is authorized and empowered to use any such funds to acquire suitable office space for local employment offices anywhere in the State of Nebraska.
Source
Laws 1953, c. 167, § 4(2), p. 530;
Laws 1955, c. 190, § 2, p. 540;
Laws 1961, c. 239, § 2, p. 713;
Laws 1975, LB 359, § 1;
Laws 1984, LB 747, § 2;
Laws 1985, LB 339, § 7;
Laws 1995, LB 1, § 1;
Laws 2000, LB 953, § 2;
Laws 2017, LB172, § 9.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-607 - Rules and regulations; adoption; procedure.

48-607.
Rules and regulations; adoption; procedure.
The commissioner shall adopt and promulgate rules and regulations necessary to carry out the Employment Security Law pursuant to the Administrative Procedure Act. This section shall not be construed to invalidate any rules or regulations in effect on September 6, 1985.
Source
Laws 1937, c. 108, § 11, p. 390;
C.S.Supp.,1941, § 48-711;
R.S.1943, § 48-607;
Laws 1985, LB 339, § 8.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-608 - Commissioner; distribution; duty.

48-608.
Commissioner; distribution; duty.
The Commissioner of Labor shall furnish eight copies of the text of the Employment Security Law and his or her rules and regulations to the Nebraska Publications Clearinghouse.
Source
Laws 1937, c. 108, § 11, p. 391;
C.S.Supp.,1941, § 48-711;
R.S.1943, § 48-608;
Laws 1972, LB 1284, § 16;
Laws 1981, LB 545, § 10;
Laws 1985, LB 339, § 9;
Laws 2001, LB 192, § 4.