44-636. Places of business; inspection; safety and protection of employees; orders; notice and hearing; penalty.
44-636
44-636. Places of business; inspection; safety and protection of employees;orders; notice and hearing; penalty.(a) The secretary of labor shall have power toenter any factoryor mill, workshop, private works, public works or state agency orinstitution, mercantile establishment, laundry or any other place ofbusiness where labor is or is intended to beperformed for any purpose, when the same are openor in operation, for the purpose of gathering facts and statistics suchas are contemplated by this act, and to examine into the methods ofprotection from danger to employees and the sanitary conditions in andaround such buildings and places and to keep a record thereof of suchinspection.
If it shall be found upon such investigation that the heating,lighting, ventilation, occupant capacity or sanitary arrangement of anysuch establishmentor place is such as to be injurious to the health of persons employed orresiding therein, or that the means of egress in case of fire or otherdisaster are not sufficient, or that the belting, shafting, gearing,elevators, drums, saws, cogs or machinery, in any such establishment orplace are so located or are in a condition so as to be dangerous, or arenot sufficiently guarded, or that the vats, pans or any other structuresfilled with molten metal, hot liquid or hazardous materials or substancesare not surrounded with propersafeguards for preventing accidents, injury or illness to those persons in, ornear them, or that the construction or condition of any building orbuildings, or any boiler, machinery or other appurtenances in or aboutany place as described in this section is such as to be dangerous orinjurious to the persons employed or residing therein, or that themethods of operation are such as to be unnecessarily dangerous orinjurious to the persons employed or residing therein, or that any othercondition which is within the control of the owner, proprietor, agent, administratoror lessee of any such building, establishment or place to be found to bedangerous or injurious to any persons employed therein or to any otherperson or persons, the secretary or the authorized agent of the secretaryafter making such inspection shall notify inwriting the owner, proprietor, agent, administrator or lessee of such building,establishment, or place. Such notification may also include an order thatrequires the provisions of suchsafeguards or safety devices or the making of such alterations or additionsor changes in methods of operation or the taking of any other measures thesecretary may deem appropriate and necessary for the safety and protectionof the employees or other persons endangered by such conditions and theamount of time granted by the secretary for making any such alterations,additions, changes or taking such other methods as required. Such amountof time shall not exceed 60 days after service of the notice andthe order unless an extension thereof is requested for good cause shownby the person named in the order, and such extension is granted by thesecretary.
(b) The notification required by subsection (a) shall include notice ofthe right to a hearing concerning any order included therein. Any suchorder shall become final unless within 15 days after service ofthe notice and order, the person or persons named therein shall requestin writing a hearing by the secretary. If a request is made for a hearing the date ofthe hearing shall not be more than 30 daysafter such requestis made.Orders under subsection (a), and hearings thereon, shall be subject tothe provisions of the Kansas administrative procedure act.
(c) No person, firm or corporation, nor any officer, agent or employeethereof, shall remove or require to be removed, or made ineffective anypractical safeguard around or safety attachment to any machinery, vats,pan, or other apparatus or device mentioned in this section while thesame is in use, except for the purpose of immediately making repairsthereto, and all safeguards or safety attachments so removed shall bepromptly replaced before the dangerous machine, apparatus or deviceis returned to normal use or operation. Except as otherwise provided, noperson shall require or permit the operation of, or operate, the dangerousmachine, apparatus or devicewithout the required safeguards or safety attachments.
(d) If the secretary of labor determines thatconditions orproducts in any place of employment are such that a danger exists whichcould reasonably be expected to cause death or serious physical harmimmediately,or before such danger can be eliminated through the enforcement provisionsotherwise provided by law, the secretary may, in accordance with theprovisions of K.S.A. 77-536, and amendments thereto, order theimmediate takingof any steps necessary to avoid, correct or remove such imminent dangerand prohibit the employment or presence of any individual in locations orunder conditions where such imminent danger exists, except individuals whosepresence is necessary to avoid, correct or remove such imminent danger orto prevent any avoidable loss of production facilities or product.
(e) Upon issuance of the order authorized by subsection (d) of this sectionand upon the request of any party who is adversely affected thereby, thesecretary shall fix a place and time for a hearing to be held on such orderin accordance with the provisions of the Kansas administrative procedure act.
(f) No person shall discharge or in any manner discriminate against anyemployee because such employee has filed a complaint with, or furnishedinformation to, the secretary oflaborconcerning conditions orsituations alleged to be unsafe or hazardous or otherwise covered by theprovisions of this act.
(g) Any person who willfully violates any provision of this section orany lawful order issued pursuant to this section shall be guilty of amisdemeanorand shall be subject to a fine of not less than $25nor more than $100. Each day that such violation exists shall constitute a separate offense.
(h) An action brought pursuant to this section shall not constitute abar to enforcement of the provisions of this section by injunction or otherappropriate remedy, and upon request of the secretary oflabor,the attorney general shall have the power to institute and maintain in thename of the state any and all appropriate enforcement procedures.
History: R.S. 1923, 44-636; L. 1976, ch. 370, § 46; L. 1978, ch.191, § 1;L. 1988, ch. 356, § 143;L. 2004, ch. 179, § 45; July 1.