mills, power laundries, power bakeries, foundries, forges, smelters, blast furnaces, machine shops, coke burning plants, lime burning plants, bleaching works, dyeing works, potteries, phosphate and sulphur works, rendering works, slaughter houses, meat packing plants, ice plants, warehouses, marble or stone cutting or polishing plants, shipbuilding and ship repairing plants and yards, mines, mining plants, quarries; cil, gas, sulphur, salt or other wells, heating plants, lighting plants, power plants, water works, pumping works, coal yards, lumber yards, building material yards, dericks, bridges, junk yards, malt houses, breweries, freight or passenger elevators, stock yards, harvesting machinery, threshing machine, cotton gins, cotton compresses, sugar houses, sugar and other refineries, sash and door factories, wood-working establishments, printing and photo-engraving establishments, bookbinding and general press work, skidders, engineering works, rigging or coaling of vessels, or loading or unloading the cargoes of vessels, logging and lumbering, storing ice, paving with asphalt or other molten material, excavating or grading with power machinery, or with the use of an explosive, working in compressed air, dredging, pile driving, boring, moving safes, chimney sweeping, the construction, installation, operation, alteration, removal or repair of wires, cables, switchboards or apparatus charged with electrical current, work in any of the building or metal trades in the erection, construction, extension, decoration, alteration, repair or demolition of any building or structural appurtenances, any occupation entailing the manufacture, transportation, care of, use of, or regular proximity of dangerous quantities of gunpowder, dynamite, nitro-glycerine and other like dangerous explosives, the installation, repair, erection, removal or operation of boilers, furnaces, engines and other forms of machinery. Factory "Factory' means any premises wherein mechanical power is used in manufacturing, making, altering, adapting, ornamenting, finishing, repairing or renovating any article or articles for the purpose of trade or gain, or of the business carried on therein. Mine "Mine" means any opening into and beneath the surface of the earth for the purpose of extracting any mineral or minerals, and all underground workings, slopes, shafts, galleries and tunnels, and other ways, cuts and openings connected therewith, including those in the course of being opened, sunk or driven; and includes also the appurtenant structures at or about the openings of a mine and any adjoining work-place where the material from a mine is stored or prepared for use or shipment. Quarry "Quarry" means any place, not a mine, including a bank or pit, where shell, stone, slate, clay, sand, gravel or other material is dug or otherwise extracted from the earth or ground for the purpose of trade or barter of the employers trade or business; and includes also the appurtenant structures at or about the openings of a quarry and any adjoining work-place where the material from a quarry is stored or prepared for use or shipment. Railways "Railways" and "Railroads" also includes work in or about depots, powerhouses, roundhouses, cars, locomotives and all other appur tenances and in private yards, terminals, switches, etc., and work on railroads, for express companies. 3. If there be or arise any hazardous trade, business or occupation or work other than these hereinabove enumerated, it shall come under the provisions of this Act. The question of whether or not a trade, business or occupation not named herein is hazardous may be determined by agreement between the employer and employee or by submission at the instance either employer or employee to the judge of the court which shall have jurisdiction over the employer in a civil case. The decision of the court shall not be retroactive in its effect. When Contract May be Made 4. An employer and any employee in a trade, business or occupation not specified in paragraph 2 of this Section and any one engaged in a trade, business or occupation that may not be determined to be hazardous under the operation of paragraph 2 of this Section, may, prior to the accident, voluntarily contract in writing to come under the benefit and protection of the provisions of this Act with the same force and effect as though they had been specifically included instead of omitted. Compensation 1918.) Be it further enacted, hereinabove set forth in para Sec. 2. (As amended by Act 38, etc., That if an employee employed as graph 1 of Section 1 (except an employee who shall be eliminated from the benefit of this Act for the causes and reasons set forth in Section 28 of this Act) receives personal injury by accident arising out of and in the course of such employment his employer shall pay compensation in the amounts and to the person or persons hereinafter specified. Agreement Sec. 3. (As amended by Act 38, 1918.) Be it further enacted, etc., That this Act, except Sections 4 and 5, relating to defenses, shall not apply to any employer or employee engaged in any trade, business or occupation specified in paragraph 2 of Section 1, or in any that may be determined to be hazardous under the operation of paragraph 3 of Section 1, unless prior to the injury they shall have so elected by agreement, either express or implied, as hereinafter provided. Such an agreement shall be a surrender by the parties thereto of their rights to any other method, form, or amount of compensation or determination thereof than as provided in this Act, and shall bind the employee him self, his widow and relatives, personal representatives and dependents as hereinafter defined, as well as the employer and those conducting his business during bankruptcy and insolvency. Contract Prior to Act 2. Every contract of hiring, verbal, written or implied between an employer and any employee engaged in any trade, business or occupation specified in paragraph 2 of Section 1, or engaged in any trade, business or occupation that may be determined to be hazardous under the operation of paragraph three of Section 1, now in operation or made or implied prior to the time fixed for this Act to take effect shall after this Act takes effect be presumed to continue subject to the provisions of this Act, and it shall be presumed that the parties have elected to be subject to the provisions of this Act and to be bound thereby unless such election be determined as hereinafter provided. Subsequent Contracts 3. Every contract of hiring, verbal, written or implied, between an employer or employee engaged in any trade, business or occupation specified in paragraph 2 of Section 1, or engaged in any trade, business or occupation that may be determined to be hazardous under the cperation of paragraph 3 of Section 1, made subsequent to the time provided for this Act to take effect, shall be presumed to have been made subject to the provisions of this Act, unless there be as a part of said contract an express statement in writing, either in the contract itself or by written notice by either party to the other, that the provisions of this Act other than Sections 4 and 5 are not intended to apply, and it shall be presumed that the parties have elected to be subject to the provisions of this Act and to be bound thereby, unless such election to be terminated as hereinafter provided. Termination by Notice 4. Any agreement or election, either express or implied, or presumed under the provisions of paragraph 2 or paragraph 3 of this Section, between an employer and any employee engaged in any trade, business, or occupation specified in paragraph 2 of Section 1, or engaged in any trade, business or occupation that may be determined to be hazardous under the operation of paragraph 3 of Section 1, for the operation of the provisions of this Act may be terminated by either party to the contract of hiring giving written notice not less than thirty days prior to the accident to the other party of such contract that the provisions of this Act other than Sections 4 and 5 shall no longer apply. Waiver of Election. 5. Either an employee who has given notice to his employer in writing as aforesaid or an employer who has given notice to his employee in writing as aforesaid that he elects not to be subject to the provisions of this Act, may waive such election by a notice in writing which shall take effect immediately. Exercise of Right of Election 6. Any employee of the age of eighteen and upwards engaged in any trade, business or occupation specified in paragraph 2 of Section 1, or engaged in any trade, business or occupation that may be determined to be hazardous under the operation of paragraph 3 of Section 1, shall himself exercise the right of election or termination or waiver authorized by this Section. Such right of election or termination or waiver shall be exercised on behalf of any employee under the age of eighteen by either his father, mother or tutor, or if neither of these can readily be gotten to act, then by the Court. Provided, that this Act shall not apply to employees of less than the minimum age prescribed by law for the employment of minors in the trades, business or occupations specified in paragraph 2 of Section 1, or that may be determined to be hazardous under the operation of paragraph 3 of Section 1. On Whom Notice of Election Served 7. Where notice is to be served upon one who is under the age of eighteen years said notice must be served upon either the father, mother or tutor of the said individual under the age of eighteen years. Defense of Employer Not Protected by Act Sec. 4. (As amended by Act 38, 1918.) Be it further enacted, etc., That if an employee has elected as aforesaid to come under this Act and his employer has elected as aforesaid not to come under this Act, then if an action is brought by the employee or dependents to recover for personal injury sustained arising out of and in the course of his employment after such election by the employer, it shall not be a defense. (a) That the employee assumed the risks inherent in or incidental to or arising out of his employment, or the risks arising from the failure of the employer to provide and maintain a reasonably safe place to work or arising from the failure of the employer to furnish reasonably safe tools and appliances, or that the employer exercised reasonable care in selecting reasonably competent employees in the trade, business or occupation. (b) That the injury was caused by the negligence of a fellow employee. (c) That the employee was negligent. And it shall be presumed that the injury to the employee was the direct result and arose out of the negligence of the employer, and that such negligence was the proximate cause of the injury; and in such case the burden of proof shall rest upon the employer to rebut the presumption of negligence, unless before the injury such election shall have waived as provided in paragraph 5 of Section 3. Defense of Employer Protected by Act Sec. 5. (As amended by Act 38, 1918.) Be it further enacted, etc., That if an employer has elected as aforesaid to come under this Act and his employee has elected as aforesaid not to come under this Act, then if an action is brought by the employee or his dependent to recover damages for personal injury sustained, and arising out of and in the course of his employment after such election by the employee, the employer shall have all the defenses which he would have had if this Act had not been enacted, unless before the injury such election shall have waived as provided in paragraph 5 of Section 3. Election May Be Waived 2. An employee who has given notice to his employer in writing as aforesaid that he elects not to be subject to the provisions of this Act. may waive such election by a notice in writing, which shall take effect immediately. Sub-Contract Sec. 6. (As amended by Act 38, 1918.) Be it further enacted, etc., That where any person (in this Section referred to as principal) undertakes to execute any work, which is a part of his trade, business or occupation, or which he has contracted to perform, and contracts with any person (in this Section referred to as contractor) for the execution by or under the contractor of the whole or any part of the work undertaken by the principal shall be liable to pay to any employee employed in the execution of the work, or his dependent, any compensation under this Act, which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from or proceedings are taken against the principal, then, in the applieation of this Act, reference to the principal shall be substituted for reference to the employer, except that the amount of compensation shall be calculated with reference to the earnings of the employee under the employer by whom he is immediately employed. Indemnity 2. Where the principal is liable to pay compensation under this section, he shall be entitled to indemnity from any person who independently of this section would have been liable to pay compensation to the employee or his dependent, and shall have a cause of action therefor. Workman May Recover from Contractor 3. Nothing in this section shall be construed as preventing an employee or his dependent from recovering compensation under this Act from the contractor instead of from the principal. Principal May Call Defendant 4. A principal contractor, when sued by an employee of a subcontractor or his dependent, shall have the right to call in that subcontractor or any intermediate contractor or contractors as defendant or co-defendant. |