Missouri Statute | Act | Code |Labor And Industrial Relations| US Code - US Statute | Chapter 292 Health And Safety Of Employees

Within one month after the occupancy of any factory, workshop or
mill, the occupant shall notify the director in writing, of such
occupancy. (RSMo 1939 § 10199)

Prior revisions: 1929 § 13239; 1919 § 6804; 1909 § 7845

The belting, shafting, machines, machinery, gearing and drums in
all manufacturing, mechanical and other establishments in this state,
when so placed as to be dangerous to persons employed therein or
thereabout while engaged in their ordinary duties, shall be safely and
securely guarded when possible; if not possible, then notice of its
danger shall be conspicuously posted in such establishments. Whenever the
director of the inspection section, or his assistant, or deputy, finds
that guards have not been installed or notice of danger posted, as
required by the provisions of this section, he shall at once, in writing,
order the owner or owners, or the person or persons in charge of the
machinery, plant, establishment, or place, to make the alterations,
additions, or repairs necessary within ten days; and if the said
alterations, additions or repairs be not made within ten days from the
date of such order, then such failure to make such alterations shall be
deemed a violation of sections 292.010 to 292.250, and in addition to the
penalties herein prescribed for such violations, the director or his
assistant or deputy, shall be and is hereby empowered to, and he shall
seal said defective appliance or appliances in such a manner as to render
the same inoperative until said order of the director has been complied
with. (RSMo 1939 § 10182)

Prior revisions: 1929 § 13222; 1919 § 6786; 1909 § 7828

(1961) In action under this section for damages for injury to plaintiff's
hand caught in wood elevator while working at defendant's charcoal
manufacturing plant, plaintiff failed to make a submissible case by
showing it was possible to safeguard the dangerous condition, and since
plaintiff was aware of the danger, failure to warn was immaterial.
Schnieders v. Stegeman (A.), 344 S.W.2d 645.

All power-driven circular saws must be provided with safety
guards which raise and lower automatically for various thicknesses of
material, and must also be provided with a kickback dog to prevent the
board binding on the saw and flying back. Said appliances shall be
subject to the approval of the director of the inspection section, his
assistants or deputies. (RSMo 1939 § 10183)

Prior revisions: 1929 § 13223; 1919 § 6787

No minor or woman shall be required to clean any part of the
mill, gearing or machinery while it is in motion in such establishment,
nor shall any minor under the age of sixteen years be required to work
between the fixed and traversing or the traversing parts of any machine
while it is in motion by the action of steam, water, electricity or other
mechanical power; and no woman shall be required to work between the
fixed and traversing or the traversing parts of any such machine, except
the machine being operated by her. (RSMo 1939 § 10184)

Prior revisions: 1929 § 13224; 1919 § 6788; 1909 § 7829

The openings of all hatchways, elevators and wellholes upon
every floor of every manufacturing, mechanical or mercantile or public
building in this state shall be protected by good and sufficient
trapdoors or self-closing hatches or safety catches, or strong guard
rails at least three feet high, and all due diligence shall be used to
keep such trapdoors closed at all times, except when in actual use by the
occupant of the building having the use and control of the same. Whenever
the director of the inspection section, or one of his assistants or
deputies, finds any violations of the foregoing requirement to guard
hatchways, elevators and wellholes, he shall at once, in writing, notify
the owner or owners thereof, or the person or persons in charge of said
appliance or appliances, to make the necessary alterations, additions or
repairs within ten days; and if said alterations, additions or repairs
are not made within ten days from the date of such notice, the director
or his assistant or deputy, shall seal such appliance or appliances in
such a manner as to render the same inoperative until there has been
compliance with the order of the director. (RSMo 1939 § 10185)

Prior revisions: 1929 § 13225; 1919 § 6789; 1909 § 7830

(1978) This statute is only for protection of employees in building where
elevator is located and does not preempt the field of elevator safety for
municipalities to make regulations for the health and safety of the
general public. Temple Building v. Building Code Board of Appeals of the
City of Kansas City (A.), 567 S.W.2d 406.

All manufacturing, mechanical, mercantile or other
establishments in this state, of two or more stories in height, in which
twenty or more persons are employed above the first floor thereof, shall
be provided with at least one or more outside iron fire escapes. For
every twenty persons employed on every floor above the second floor of
such establishment, there shall be one rope or portable fire escape, and
each story shall be amply supplied with means of extinguishing fire.
(RSMo 1939 § 10186)

Prior revisions: 1929 § 13226; 1919 § 6790; 1909 § 7831

CROSS REFERENCE: Fire escapes on buildings generally, Chap. 320, RSMo

In all such establishments the main doors, both inside and
outside, shall open outwardly, when the director, in writing, so directs;
and no outside or inside door of any building wherein labor is employed
shall be so locked, bolted or otherwise fastened during the hours of
labor as to prevent egress. (RSMo 1939 § 10187)

Prior revisions: 1929 § 13227; 1919 § 6791; 1909 § 7832

CROSS REFERENCE: Doors to certain buildings to open outwardly, RSMo
320.070

No explosive or inflammable compound shall be used in any
establishment in this state where labor is employed, in such place or
manner as to obstruct or render hazardous the egress of operatives in
case of fire. (RSMo 1939 § 10189)

Prior revisions: 1929 § 13229; 1919 § 6793; 1909 § 7834

All scaffolds or structures used in or for the erection,
repairing or taking down of any kind of building shall be well and safely
supported, and of sufficient width, and so secured as to insure the
safety of persons working thereon, or passing under or about the same,
against the falling therein, or the falling of such materials or articles
as may be used, placed or deposited thereon. All persons engaged in the
erection, repairing or taking down of any kind of building shall exercise
due caution and care so as to prevent injury or accident to those at work
or nearby. (RSMo 1939 § 10198)

Prior revisions: 1929 § 13238; 1919 § 6802; 1909 § 7843

All manufacturing, mechanical, mercantile and other
establishments in this state shall be so ventilated as to render harmless
all impurities, as near as may be. (RSMo 1939 § 10192)

Prior revisions: 1929 § 13232; 1919 § 6796; 1909 § 7837

Every person, firm or corporation using any polishing wheel or
machine of any character which generates dust, smoke or poisonous gases
in its operation, shall provide each and every such wheel or machine with
a hood, which shall be connected with a blower or suction fan of
sufficient power to carry off said dust, smoke and gases and prevent its
inhalation by those employed about said wheel or machine; and any
violation of this section is hereby declared to be a misdemeanor, and a
person, firm or corporation so violating this section shall, upon
conviction, be punished by a fine of not less than one hundred dollars
nor more than five hundred dollars for each and every offense. It shall
be the duty of the director of the inspection section and his assistants
and deputies to see that this section is enforced and to prosecute any
violations thereof. (RSMo 1939 § 10194)

Prior revisions: 1929 § 13234; 1919 § 6798; 1909 § 7839

In all establishments in this state wherein labor is employed,
where any process is carried on by which dust or smoke is generated, the
director of the inspection section and his assistants and deputies shall
have the power and the authority to order that a fan or some other
contrivance be put in to prevent the inhalation of such dust or smoke by
employees. (RSMo 1939 § 10195)

Prior revisions: 1929 § 13235; 1919 § 6799; 1909 § 7840

Where, in the opinion of the director, any establishment wherein
labor is employed is so overcrowded with employees as to endanger health
or safety, the director of the inspection section, when supported in his
opinion by the opinion of some reputable physician, shall be authorized
and empowered to prohibit such overcrowding. (RSMo 1939 § 10196)

Prior revisions: 1929 § 13236; 1919 § 6800; 1909 § 7841

In every factory, workshop or other establishment in this state
where girls or women are employed, where unclean work of any kind has to
be performed, suitable places shall be provided for such girls or women
to wash and dress, and stairs in use by female employees shall in all
such establishments be properly screened. (RSMo 1939 § 10190)

Prior revisions: 1929 § 13230; 1919 § 6794; 1909 § 7835

Separate water closets shall be provided for the use of
employees of either sex in manufacturing, mechanical, mercantile and
other establishments in this state where persons of both sexes are
employed. (RSMo 1939 § 10191)

Prior revisions: 1929 § 13231; 1919 § 6795; 1909 § 7836

In every manufacturing, mechanical, mercantile and other
establishment in this state wherein girls or women are employed there
shall be provided and conveniently located seats sufficient to
comfortably seat such girls or women, and during such times as such girls
or women are not necessarily required by their duties to be upon their
feet, they shall be allowed to occupy the seats provided. (RSMo 1939 §
10193)

Prior revisions: 1929 § 13233; 1919 § 6797; 1909 § 7838

Whenever the director of the inspection section or one of his
assistants or deputies, finds that the heating, lighting, ventilation or
sanitary arrangements of any establishment where labor is employed is
such as to be dangerous to the health or safety of employees therein or
thereat, or the means of egress, in case of fire or other disaster, are
not sufficient, or that the building, or any part thereof, is unsafe, or
that the belting, shafting, gearing, elevators, drums or other machinery
are located so as to be dangerous to employees, and not sufficiently
guarded, or that the vats, pans, ladles or structures filled with molten
or hot liquid, or any furnace, be not sufficiently surrounded with proper
safeguards, or the platforms, passageways and other arrangements around,
in or about any railroad yard or switch be such as to probably lead to
injury or accident to those employed in, around, or about any such
establishment or place, shall at once, in writing, order the owner or
owners, or the person or persons in charge of such establishment or place
to make the alterations or additions necessary within ten days; and if
such alterations or additions be not made within ten days from the date
of such order, then such failure to make such alterations shall be deemed
a violation of sections 292.010 to 292.250, and in addition to the
penalties herein prescribed for such violations, the director, or his
assistant or deputy, shall be and is hereby empowered to, and he shall
seal said defective appliance or appliances in such manner as to render
the same inoperative until said order of the inspector has been complied
with. (RSMo 1939 § 10197)

Prior revisions: 1929 § 13237; 1919 § 6801; 1909 § 7842

CROSS REFERENCES: Food handling establishments, sanitation requirements,
RSMo 196.190 to 196.265 Inspection of mines and safety of miners, powers
and duties of mine inspectors, Chap. 293, RSMo Public service commission,
powers and duties in relation to health and safety of employees and
public, RSMo 386.310

All accidents in manufacturing, mechanical, mercantile or other
establishments or places within this state where labor is employed which
prevent the injured person or persons from returning to work within four
days after the injury, or which result in death, shall be reported by the
person in charge of such establishment or place to the director of the
inspection section or to one of the assistant or deputy inspectors
provided for by law, and also to the city or county physician, when there
be such an officer, which notice may be given by mail. (RSMo 1939 § 10181)

Prior revisions: 1929 § 13221; 1919 § 6785; 1909 § 7827

It shall be unlawful and deemed a violation of sections 292.010
to 292.250 for any person to break, remove, alter or otherwise render
ineffective, or to aid or abet or cause the same to be done, any guards
installed, or the seal of any inspector affixed in accordance with the
provisions of sections 292.010 to 292.250. (RSMo 1939 § 10200)

Prior revisions: 1929 § 13240; 1919 § 6805

Any person or persons, firm or corporation, being the owner,
agent, lessee or occupant of any manufacturing, mechanical, mercantile,
or other establishment, business or calling in this state to which
sections 292.010 to 292.250 apply, or any employee therein or thereat,
who shall violate, or aid or abet in violating, any of the provisions of
sections 292.010 to 292.250, shall be deemed guilty of a misdemeanor,
and, upon conviction in any court of competent jurisdiction in this
state, be fined for the first offense not less than twenty-five dollars
nor more than two hundred dollars, and for each subsequent offense, not
less than one hundred dollars nor more than five hundred dollars, and, in
default of payment of such fine and costs, shall be committed to the
common jail of the county or city in which the offense was committed
until such fine and costs are fully paid. (RSMo 1939 § 10201)

Prior revisions: 1929 § 13241; 1919 § 6806; 1909 § 7846

When any of the provisions of sections 292.010 to 292.250 are
violated by a corporation, proceedings may be had against any of the
officers or agents of such corporation who in any way participated in
such violation by the corporation of which they are the officers or
agents, and, upon conviction, such officers or agents shall be subject to
the same penalty as in case of individuals so offending. (RSMo 1939 §
10202)

Prior revisions: 1929 § 13242; 1919 § 6807; 1909 § 7847

In case of an offense which is a violation of sections 292.010
to 292.250 and of some other law of this state, then the director or
assistant director may elect under which law he will prosecute; but where
an offense is in violation of some other law of this state in relation to
the protection of employees, but is not covered by sections 292.010 to
292.250, then it shall be the duty of the director or assistant director
to prosecute for all such offenses under the law violated. (RSMo 1939 §
10206)

Prior revisions: 1929 § 13246; 1919 § 6811; 1909 § 7851

All fines collected for violation of sections 292.010 to 292.250
shall be paid into the common school fund of the county in which the
offense was committed. (RSMo 1939 § 10203)

Prior revisions: 1929 § 13243; 1919 § 6808; 1909 § 7848

It is hereby made the express duty of the prosecuting attorney
of each county or city in this state to lend all possible aid in all
prosecutions for violation of the provisions of sections 292.010 to
292.250. (RSMo 1939 § 10204)

Prior revisions: 1929 § 13244; 1919 § 6809; 1909 § 7849

Every corporation, company or person in this state engaged in
operating any foundry in which four or more men are employed is hereby
required to provide suitable toilet rooms, containing washbowls or sinks
provided with running water hot and cold, shower baths, water closets
connecting with running water, and a suitable room or place wherein the
men may change their clothes, said room to be directly connected with the
foundry building, properly heated, ventilated and protected with a
suitable locker or place to properly change his clothing or wearing
apparel. (RSMo 1939 § 10207)

Prior revisions: 1929 § 13248; 1919 § 6813

In all establishments mentioned in section 292.260, all gangways
shall be not less than eight feet wide, shall be kept dry and free from
any and all obstructions during all times when employees are working
therein. All such gangways shall have dirt floors and shall be under
water-tight roof; all water tanks shall be so placed that the top thereof
shall be not less than thirty inches above the level of the floor; shall
be kept clear of any gangways and shall have an outlet near the top
thereof, which outlet shall be connected with a sewer or other receptacle
sufficient to prevent the overflow of such tank upon the floor of such
establishment. Every corporation, company or person engaged in operating
any such foundry shall provide and maintain adequate and efficient
devices for carrying off all poisons or injurious fumes, gases and dust
from such foundry. (RSMo 1939 § 10208)

Prior revisions: 1929 § 13249; 1919 § 6814

The director of the inspection section is hereby required to at
least twice a year thoroughly inspect each foundry in this state wherein
four or more men are employed, and the said director shall have the power
and authority by order to require the provision of section 292.260 to be
carried out. (RSMo 1939 § 10209)

Prior revisions: 1929 § 13250; 1919 § 6815

Any corporation, company or person failing to comply with an
order made by the director of the inspection section to provide the
facilities enumerated in section 292.260 shall be deemed guilty of a
misdemeanor. (RSMo 1939 § 10210)

Prior revisions: 1929 § 13251; 1919 § 6816

That every employer of labor in this state engaged in carrying
on any work, trade or process which may produce any illness or disease
peculiar to the work or process carried on, or which subjects the
employee to the danger of illness or disease incident to such work, trade
or process, to which employees are exposed, shall for the protection of
all employees engaged in such work, trade or process, adopt and provide
approved and effective devices, means or methods for the prevention of
such industrial or occupational diseases as are incident to such work,
trade or process. (RSMo 1939 § 10211)

Prior revisions: 1929 § 13252; 1919 § 6817

(1959) Occupational disease includes noise induced loss of hearing. Marie
v. Standard Steel Works (Mo.), 319 S.W.2d 871.

The carrying on of any process, or manufacture, or labor in this
state in which antimony, arsenic, brass, copper, lead, mercury,
phosphorus, zinc, their alloys or salts or any poisonous chemicals,
minerals, acids, fumes, vapors, gases, or other substances, are generated
or used, employed or handled by the employees in harmful quantities, or
under harmful conditions, or come in contact with in a harmful way, are
hereby declared to be especially dangerous to the health of the
employees. (RSMo 1939 § 10212)

Prior revisions: 1929 § 13253; 1919 § 6818

Every employer in this state to which sections 292.300 to
292.440 apply shall provide for and place at the disposal of the
employees so engaged, and shall maintain in good condition without cost
to the employees, working clothes to be kept and used exclusively by such
employees while at work and all employees therein shall be required at
all times while they are at work to use and wear such clothing; and in
all processes of manufacture or labor referred to in this section which
are productive of noxious or poisonous dusts, adequate and approved
respirators shall be furnished and maintained by the employer in good
condition and without cost to the employees, and such employees shall use
such respirators at all times while engaged in any work productive of
noxious or poisonous dusts. (RSMo 1939 § 10213)

Prior revisions: 1929 § 13254; 1919 § 6819

Every employer engaged in carrying on any process or manufacture
referred to in section 292.310 shall, as often as once every calendar
month, cause all employees who come into direct contact with the
poisonous agencies or injurious processes referred to in section 292.310,
to be examined by a competent licensed and reputable physician for the
purpose of ascertaining if there exists in any employee any industrial or
occupational disease or illness or any disease or illness due or incident
to the character of the work in which the employee is engaged. (RSMo 1939
§ 10214)

Prior revisions: 1929 § 13255; 1919 § 6820

It is hereby made the duty of any licensed physician who shall
make a physical examination of any employee under the provisions of
section 292.330, to make within twenty-four hours a triplicate report
thereof to the department of health and senior services of the state of
Missouri upon blanks to be furnished by said department upon request, and
if any such disease or illness is found, the physician shall so report,
and if any such disease is found, the report shall state the name and
address and business of such employer and the nature of the disease in
precise and definite terms of all the diseases or illness with which the
employee is afflicted and the probable extent and duration thereof, the
name and business of employer, and the last place and length of
employment; provided, that the failure of any such physician to receive
blanks from the department of health and senior services for making such
a report shall not excuse the physician from making the report as herein
required. Any physician who shall fail to make a report as required by
this section shall be deemed guilty of a misdemeanor and upon conviction
shall be fined not less than fifty dollars, and in each case shall stand
committed until such fine and costs are paid unless otherwise discharged
by due process of law. (RSMo 1939 § 10215)

Prior revisions: 1929 § 13256; 1919 § 6821

The director of the department of health and senior services
shall, immediately upon receipt of any report from any physician in
accordance with the provisions of section 292.340, transmit a copy
thereof to the director of the inspection section, and a copy to the
superintendent of the factory in which the employee is supposed to have
contracted his ailment. (RSMo 1939 § 10216)

Prior revisions: 1929 § 13257; 1919 § 6822

Every employer engaged in carrying on any process or manufacture
or labor referred to in section 292.310, shall provide, separate and
apart from the workshop in which such employees are engaged, a dressing
room and lavatory for the use of such employees who are exposed to
poisonous or injurious dusts, fumes and gases, and such lavatory shall be
kept and maintained in a hygienic and sanitary manner and provided with a
sufficient number of basins or spigots with adequate washing facilities,
including hot and cold water, clean individual towels and soap, and
sufficient shower baths, and the dressing room shall be furnished with
compartment lockers, so that the ordinary street clothes of such
employees shall be kept separate and apart from their working clothes.
Male and female employees shall be provided for separately. (RSMo 1939 §
10217)

Prior revisions: 1929 § 13258; 1919 § 6823

No employee shall take or be allowed to take any food or drink
of any kind into any room or apartment in which any process or
manufacture or labor referred to in section 292.310 is carried on, or in
which poisonous substances or injurious or noxious fumes, dusts or gases
are present as the result of such work or process being carried on in
such room or apartment, and the employees shall not remain in any such
room or apartment during the time allowed for meals, and suitable
provision shall be made and maintained by the employer for enabling the
employees to take their meals elsewhere in such place of employment, and
a sufficient number of sanitary drinking fountains containing wholesome
drinking water, and providing ice for same, shall be provided and
maintained for the use of the employees within reasonable access and
without cost to them. (RSMo 1939 § 10218)

Prior revisions: 1929 § 13259; 1919 § 6824

All employers engaged in carrying on any process or manufacture
or labor referred to in section 292.310, shall provide and maintain
adequate devices for carrying off all poisonous or injurious fumes from
any furnaces which may be employed in any such process or manufacture or
labor, and shall also provide and maintain adequate and efficient
facilities for carrying off all injurious dust, and the floors in any
room or apartment where such work or process is carried on shall be kept
and maintained in a smooth and hard condition, and no sweeping shall be
permitted during working hours except where the floor in such workshop is
dampened so as to prevent the raising of dust; and all ore, slag, dross
and fume shall be kept in some room or apartment separate from the
workrooms occupied by the employees, and all mixing and weighing of such
ore, slag, dross or fume shall be done in such separate room or
apartment, and all such material shall be dampened or covered before
being handled or transported by employees. (RSMo 1939 § 10219)

Prior revisions: 1929 § 13260; 1919 § 6825

When any flues or other apparatus are used in any such process
or manufacture or labor referred to in section 292.310, and when such
flues or other apparatus are being cleaned or emptied, the employer shall
in every case provide and maintain a sufficient, adequate and efficient
means or device, such as canvas bags or other approved device, or by
dampening the dust, or some other efficient method for catching and
collecting the dust and preventing it from unreasonably fouling or
polluting the air in which the employees are obliged to work, and,
wherever practicable, the dust occasioned in any process or manufacture
referred to in section 292.310, and in any polishing or finishing
therein, shall be dampened or wet down or covered, and every reasonable
precaution shall be adopted by the employer to prevent the unnecessary
creation or raising of dust, and all floors shall be washed or scrubbed
at least once every working day; and such parts of the work or process as
are especially dangerous to the employees, on account of poisonous fumes,
dusts and gases, shall, where practicable, be carried on in separate
rooms and under cover of some suitable and efficient device to remove the
danger to the health of such employees as far as may be reasonably
consistent with the manufacturing process, and the fixtures and tools
employed in any such process or manufacture or labor, shall be thoroughly
washed and cleaned at reasonable intervals. (RSMo 1939 § 10220)

Prior revisions: 1929 § 13261; 1919 § 6826

All hoppers or chutes or similar devices used in the course of
any process or manufacture referred to in section 292.310 shall be
provided with a hood or covering, and an adequate and efficient apparatus
or other proper device for the purpose of drawing away from the
employees, noxious, poisonous or injurious dusts, and preventing the
employees from coming into unnecessary contact therewith; and all
conveyances or receptacles used for the transportation about or the
storage in any place where any such process or manufacture or labor
referred to in section 292.310 is carried on, shall be properly covered
or dampened in such a way as to protect the health of the employees, and
no refuse of a dangerous character incident to the work or process
carried on in any such place shall be allowed to remain accumulated on
the floors thereof. (RSMo 1939 § 10221)

Prior revisions: 1929 § 13262; 1919 § 6827

It shall be the duty of the director of the inspection section
to enforce the provisions of sections 292.300 to 292.440 and to prosecute
all violations of the same before any associate circuit judge or any
court of competent jurisdiction in this state, and for that purpose the
director of the inspection section and his assistants are empowered to
and shall visit and inspect, at least once a year, and at reasonable
hours, and as often as practicable, all places of employment covered by
the provisions of sections 292.300 to 292.440. (RSMo 1939 § 10222)

Prior revisions: 1929 § 13263; 1919 § 6828

For the purpose of disseminating a general knowledge of the
provisions of sections 292.300 to 292.440 and of the dangers to the
health of employees in any work or process covered by the provisions of
sections 292.300 to 292.440, the employer shall post in a conspicuous
place in every room or apartment in which any such work or process is
carried on, appropriate notices of the known dangers to the health of any
such employees arising from such work or process, and simple instructions
as to any known means of avoiding, so far as possible, the injurious
consequences thereof, and the director of the inspection section shall
have prepared a notice covering the salient features of sections 292.300
to 292.440, and furnish a reasonable number of copies thereof to
employers in this state affected by the provisions of sections 292.300 to
292.440, which notice shall be posted by every such employer in a
conspicuous place in every room or apartment in such place of employment.
The notices required by this section shall be printed on cardboard of
suitable character and the type used shall be such as to make them easily
legible. (RSMo 1939 § 10223)

Prior revisions: 1929 § 13264; 1919 § 6829

Any person, firm or corporation who shall, personally or through
any agent violate any of the provisions of sections 292.300 to 292.440,
or who fails or refuses to comply with any of its requirements, or who
obstructs or interferes with any examination or investigation being made
by the inspection section in accordance with the provisions of sections
292.300 to 292.440, or any employee who shall violate any of the
provisions of sections 292.300 to 292.440, shall be deemed guilty of a
misdemeanor and, on conviction thereof, shall be punished by a fine of
not less than twenty-five dollars or more than two hundred dollars and in
each case shall stand committed until such fine and costs are paid,
unless otherwise discharged by due process of law. (RSMo 1939 § 10224)

Prior revisions: 1929 § 13265; 1919 § 6830

In sections 292.300 to 292.440, unless the context otherwise
requires, "employer" includes persons, partnerships and corporations.
(RSMo 1939 § 10225)

Prior revisions: 1929 § 13266; 1919 § 6831

The provisions of sections 292.450 to 292.540 shall apply only
to cities that now have or may hereafter have a population of fifty
thousand or more inhabitants. (RSMo 1939 § 10234)

Prior revision: 1929 § 13277

No outside ladder shall be used in connection with the
construction, repairing, alteration, removal, or any work whatsoever on
any building more than two stories in height, as a stairway. (RSMo 1939 §
10227)

Prior revision: 1929 § 13270

All stairways used in connection with the construction,
repairing, alteration, removal, or any work whatsoever, on any building
more than two stories in height, shall be kept lighted at all times
during their use and shall have a handrail running the entire length of
said stairway. (RSMo 1939 § 10228)

Prior revision: 1929 § 13271

That all scaffolds, hoists, stays, ladders, supports, or other
mechanical contrivances, erected or constructed by any person, firm or
corporation, in this state, for the use in the erection, repairing,
alteration, painting, tuckpointing, removal or any work whatsoever of any
house, building, bridge, viaduct, or other structure, shall be erected
and constructed, in a safe, suitable and proper manner, and shall be so
erected and constructed, placed and operated, as to give proper and
adequate protection to the life and limb of any person or persons,
employed or engaged thereof, or passing under or by the same, and in such
manner as to prevent the falling of any material that may be used or
deposited thereon. Scaffolding or staging, swung or suspended from an
overhead support, more than twenty feet from the ground or 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 or staging shall be so fastened as to prevent the same from
swaying from the building or structure. (RSMo 1939 § 10226)

Prior revision: 1929 § 13269

If in any house, building or structure in process of erection or
construction in this state (except a private house, used exclusively as a
private residence), the distance between the enclosing 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, and the floors in all such houses, buildings, or structures, in
process of erection and construction, shall be designed and constructed
in such manner as to 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 surface in such floors, and
it is hereby made the duty of the owner, lessee, builder or contractor or
subcontractor of such house, building or structure, or the superintendent
or agent of either, to see that all the provisions of this section are
complied with. (RSMo 1939 § 10229)

Prior revision: 1929 § 13272

All contractors and owners when constructing buildings in
cities, 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 not less than
within three tiers or beams below that on which the iron work is being
erected. If the plans and specifications of such buildings do not require
filling in between the beams of floors with brick or fireproof material,
all contractors for carpenter work in course of construction shall lay
the under flooring thereof or a safe temporary floor on each story as the
building progresses to not less than within two stories, or floors below
the one to which such building has been erected. Where double floors are
not to be used, such owner or contractor shall keep planks over the
floor, two stories or floors below where the work is being performed. If
the floor beams are of iron or steel the contractor 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 of 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 the raising and lowering of materials, to be
used in the construction of such building, or such spaces as may be
designated by the plans and specifications for stairways and elevator
shafts. (RSMo 1939 § 10231)

Prior revision: 1929 § 13274

If the elevating machines or hoisting apparatus are used within
a building in the course of constructing for the purpose of lifting
material to be used in such construction, the contractor or owner shall
cause the shafts or openings on floor where material is loaded to be
completely enclosed on all sides; except opening not over eight feet high
and the width of the elevating machines for loading purposes. On the
other floors the shafts and all other openings shall be enclosed or
fenced in on all sides by a substantial barrier or railing at least three
feet in height; provided, however, that nothing in sections 292.450 to
292.540 shall apply to railroad corporations or companies who are using
their own employees in the construction or repairing of any structure
mentioned herein. (RSMo 1939 § 10232)

Prior revision: 1929 § 13275

The chief officer in any city, town or village charged with the
enforcement of local building laws, and the director of the inspection
section are hereby charged with enforcing the provisions of sections
292.450 to 292.540; provided, that in all cities in this state, where a
local building commissioner is provided for by law, such officer shall be
charged with the duty of enforcing the provisions of sections 292.450 to
292.540, and in case of his failure, neglect or refusal so to do, the
director of the inspection section shall, pursuant to the terms of
sections 292.450 to 292.540, enforce the provisions thereof. (RSMo 1939 §
10233)

Prior revision: 1929 § 13276

Any owner, contractor, subcontractor, foreman or other person,
having charge of the erection, construction, repairing, alteration,
removal, or painting of any building, bridge, viaduct or other structure
within the provisions of sections 292.450 to 292.540, shall comply with
all the terms thereof and any such owner, contractor, subcontractor,
foreman or other person violating any of the provisions of sections
292.450 to 292.540 shall upon conviction thereof be fined not less than
twenty-five dollars or more than five hundred dollars or imprisoned for
not less than three months or more than six months, or both fined and
imprisoned in the discretion of the court. (RSMo 1939 § 10235)

Prior revision: 1929 § 13278

1. Whenever it shall come to the notice of the director of the
inspection section, or the local authority in any city, town or village
in 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,
platforms or other similar device, used in the construction, alteration,
repairing, removing, 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 director of the inspection section, or
such local authority or authorities shall immediately cause an inspection
to be made of such scaffolding, platform or device, or the slings,
hangers, blocks, pulleys, stays, braces, ladders, iron or other parts
connected therewith.

2. 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 director of the inspection section, 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 scaffolding, 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 thereof
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.

3. The director of the inspection section, or any of his deputies, or
such local authority, whose duty it is, under the terms of sections
292.450 to 292.540, 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 structures, or premises containing such scaffolding,
platform or other similar device, or parts thereof, or where they may be
in use.

4. All swinging and stationary scaffolding, platforms, and other devices
shall be so constructed as to bear four times the maximum weight required
to be depended therein, or placed thereon, when in use, and such swinging
scaffolding, platform or other device, shall not be so overloaded or
overcrowded as to render the same unsafe or dangerous. (RSMo 1939 § 10230)

Prior revision: 1929 § 13273

No room or apartment in any tenement or dwelling house shall be
used by more than three persons, not immediate members of the family
living therein, for the manufacture of any wearing apparel, purses,
feathers, artificial flowers or other goods for male or female wear.
Every person, firm or corporation contracting for the manufacture of any
of the articles mentioned in this section, or giving out the complete
material from which they are to be made, or to be wholly or partially
finished, shall keep a register of the names and addresses of all persons
to whom such work is given to be made or with whom they have contracted
to do the same. Such register shall be produced for the inspection, and a
copy thereof shall be furnished to the director of the inspection section
on demand. (RSMo 1939 § 10236)

Prior revisions: 1929 § 13279; 1919 § 6834; 1909 § 7853

No person, firm or corporation shall knowingly sell or expose
for sale any of the articles mentioned herein when such articles were
made in violation of sections 292.550 to 292.570; and the director of the
inspection section, his deputy or any officer appointed to enforce the
provisions of sections 292.550 to 292.570, who shall find any such
articles made in violation of the provisions of sections 292.550 to
292.570, or who shall find that the articles herein mentioned are made
under unclean or unhealthy conditions, shall conspicuously affix thereto
a label containing the words "tenement made" or "made under unhealthy
conditions", as the case may be, printed in plain letters on a tag not
less than two inches in length, and it shall be unlawful to remove such
tag except by the permission of the director of the inspection section or
the officer under whose direction such label was affixed. (RSMo 1939 §
10237)

Prior revisions: 1929 § 13280; 1919 § 6835; 1909 § 7854

Any person, firm or corporation engaged in the manufacture or
sale of the articles herein mentioned who shall violate or who shall fail
to comply with the provisions of sections 292.550 to 292.570, shall be
deemed guilty of a misdemeanor, and on conviction, shall be punished by a
fine of not less than ten nor more than fifty dollars, or by imprisonment
in the county jail for a period of not more than ten days, or by both
such fine and imprisonment. (RSMo 1939 § 10238)

Prior revisions: 1929 § 13281; 1919 § 6836; 1909 § 7855

As used in sections 292.600 to 292.625, the following terms mean:

(1) "Department", the state department of public safety;

(2) "District or local emergency planning committee", a committee
established by the Missouri emergency response commission and may include
one or more counties or cities in Missouri;

(3) "Employer", a person engaged in business and including the state and
any political subdivision thereof;

(4) "Hazardous substance", any substance which is:

(a) Listed in Title III, Emergency Planning and Community Right-to-Know,
of the federal Superfund Amendments and Reauthorization Act of 1986,
Public Law 99-499; or

(b) A pesticide for which a registration has been canceled or suspended
under the provisions of section 281.260, RSMo, or the federal
Insecticide, Fungicide and Rodenticide Act of 1972, Public Law 92-516, as
amended; or

(c) An extremely hazardous substance or hazardous chemical as defined in
Title III, Emergency Planning and Community Right-to-Know, as enacted
under the federal Superfund Amendments and Reauthorization Act of 1986,
Public Law 99-499; and which an employer stores, uses or produces, but
shall not include any substance which is a food or drug as defined in the
federal Food, Drug and Cosmetic Act, 21 U.S.C., Section 321, et seq.;
packaged for distribution to, and used by, the general public, including
any product used by an employer in the same form, approximate amount,
concentration, and manner as it is sold to the consumer; present in a
physical state, volume, or concentration for which there is no valid and
substantial evidence that a significant risk to human health may occur
from exposure; used in a laboratory for experimentation, research,
development or testing by or under the direct supervision of a
technically qualified individual, provided that the toxic substance or
mixture is not produced in the laboratory for commercial purposes;

(5) "Person", one or more individuals, partnerships, associations,
corporations, business trusts, legal representatives or any organized
group of persons. (L. 1985 H.B. 507 & 139 § 1, A.L. 1987 H.B. 655, A.L.
1988 S.B. 765, A.L. 1993 H.B. 550)

1. The "Missouri Emergency Response Commission", herein to be
known as the commission, is hereby established and is officially
domiciled in the department of public safety. The commission shall be
composed of the director of the department of economic development, or
his designee; the director of the department of natural resources, or his
designee; the director of the department of public safety, or his
designee; the director of the department of health and senior services,
or his designee; six members appointed by the governor with the advice
and consent of the senate; one to represent transporters of hazardous
materials; one to represent Missouri industry; one to represent local
government; one chief fire officer from a recognized fire department or
fire protection district; one police officer of the rank of captain or
above from a recognized county or municipal police department; and one to
represent the general public and four members of the general assembly,
two of whom shall be appointed by the speaker of the house and two of
whom shall be appointed by the president pro tem of the senate. All
members of the commission shall represent the general interest of the
public and shall, to the extent practicable, have technical expertise in
the emergency response field. No more than three members appointed by the
governor shall be of the same political party. The terms of office for
the members appointed by the governor shall be four years and until their
successors are selected and qualified, except that, of those first
appointed, two shall have a term of three years, two shall have a term of
two years and two will have a term of one year. There is no limitation on
the number of terms an appointed member may serve. The governor may
appoint a member for the remaining portion of the unexpired term created
by a vacancy. The governor may remove any appointed member for cause.

2. All members of the commission shall serve without compensation for
their duties, but shall be reimbursed for necessary travel and other
expenses incurred in the performance of their official duties.

3. The Missouri emergency response commission in conjunction with the
department shall:

(1) Carry out those responsibilities designated under sections 292.600 to
292.625 and implement sections 292.600 to 292.625 and the Emergency
Planning and Community Right-to-Know Act of 1986, Public Law 99-499, as
amended, and all rules and regulations promulgated pursuant thereto,
herein to be known as the Federal Act;

(2) Designate local emergency planning districts to facilitate
preparation and implementation of emergency plans, appoint members of a
local emergency planning committee for each local emergency planning
district, support and coordinate the activities of such committees,
review the emergency plans submitted by local emergency planning
committees, and make recommendations to the local emergency planning
committees regarding those plans;

(3) Establish a single filing point for all reports and filings that are
required to be submitted to the commission under the provisions of
sections 292.600 to 292.625 and the Federal Act;

(4) Accept, receive and administer grants or other funds or gifts from
public and private agencies, including the federal government, for the
purpose of carrying out the functions and responsibilities enumerated in
sections 292.600 to 292.625;

(5) Provide assistance to the local emergency planning committees for the
purpose of carrying out the functions and responsibilities enumerated in
sections 292.600 to 292.625 and the Federal Act by utilizing all
available expertise both public and private, including, but not limited
to, the departments of natural resources, public safety and health;

(6) Provide training to local emergency planning committees and other
local officials to accomplish the purposes and objectives of the Federal
Act and the provisions of sections 292.600 to 292.625. The department of
public safety will coordinate the provisions of such training and
periodically report to the commission on training activities;

(7) Enter into such agreements with other state agencies, local
governments and other political subdivisions of the state, the federal
government and other persons as is determined to be appropriate to
implement the Federal Act and the provisions of sections 292.600 to
292.625;

(8) Allot funds as specified in section 292.604 to local emergency
planning committees;

(9) Develop a data management system to store and retrieve information
submitted under the provisions of sections 292.600 to 292.625 and the
Federal Act. The commission and the department will provide assistance to
local emergency planning committees and fire departments, fire protection
districts, volunteer fire protection services and others to make this
information readily available to them for planning and emergency response
purposes. (L. 1989 H.B. 77, et al., A.L. 1992 S.B. 480, A.L. 1993 H.B.
550, A.L. 1996 S.B. 740)

1. The duties and the responsibilities of the commission and
department under sections 292.600 to 292.625 shall be funded by the
chemical emergency preparedness fund and general revenue upon
appropriation.

2. Such appropriations shall be distributed as follows:

(1) Sixty-five percent of the funds collected under subsection 2 of
section 292.606 shall be provided to the local emergency planning
committees for their responsibilities under sections 292.600 to 292.625
and the federal act as follows:

(a) Of the sixty-five percent provided in subdivision (1) of this
subsection, one-third shall be equally distributed annually to each local
emergency planning committee through the governing body of each county or
a city not within a county or any city with a population greater than
four hundred thousand and located in more than one county;

(b) Two-thirds shall be distributed to the local emergency planning
committees through the county governing body or any city not within a
county or any city with a population greater than four hundred thousand
and located in more than one county, based on the number of facilities
identified with hazardous chemicals as defined in section 311(e) of the
federal act; and on the presence of highways, railroads, pipelines and
other pertinent entities as the commission and the department may
determine;

(c) When a local emergency planning district has been formed the moneys
distributed under paragraphs (a) and (b) of this subdivision to any
county governing body or any city not within a county or any city with a
population greater than four hundred thousand, located in more than one
county which is a part of a district shall immediately transfer such
funds to the district committee;

(d) Funds provided to local emergency planning committees under this
section shall be used for purposes specified by the commission and the
department for carrying out the purposes of sections 292.600 to 292.625
and the federal act. Use of such funds for purposes other than those
specified can result in refusal to provide additional funds to that
jurisdiction. The commission and the department may recover, by
appropriate legal means, any funds spent inconsistent with the grant or
contract under which such funds were provided;

(2) Twenty-five percent of the funds collected under subsection 2 of
section 292.606 shall be available to carry out the responsibilities of
the commission and the department under sections 292.600 to 292.625 and
the federal act;

(3) Ten percent of the funds collected under subsection 2 of section
292.606 shall be distributed to the division of fire safety in the
department of public safety to be used for hazardous materials training
courses to carry out the provisions of sections 292.600 to 292.625.
Training programs provided under this subsection shall be reviewed by the
commission.

3. Fees collected by the commission under section 292.606 shall be placed
in the chemical emergency preparedness fund to carry out the
responsibilities of the commission and the department under sections
292.600 to 292.625 and the federal act.

4. Private donations, federal grants, contracts, interest accruing to the
fund, and other funds shall be administered by the department in
conjunction with the commission for purposes of chemical emergency
preparedness as specified in sections 292.600 to 292.625 and the federal
act. (L. 1989 H.B. 77, et al., A.L. 1992 S.B. 480)

1. Every employer shall provide information and reports
regarding the properties and nature of the hazardous substances which he
stores, uses or produces to the local fire protection service, the
department and the local emergency planning committee. Requirements for
information under this subsection may be satisfied by the employer
through the submission of an annual Tier II form as defined in 40 CFR
Part 370 or other alternative methods of reporting approved by the
department. Submittal to the department of a Tier II form or any other
alternative method of reporting approved by the department shall satisfy
the reporting requirements to the Missouri emergency response commission
as directed under Title III of the Superfund Amendments and
Reauthorization Act of 1986.

2. In addition to the information required in subsection 1 of this
section, employers shall permit on-site inspections, as required by Title
III, Emergency Planning and Community Right-to-Know, of the federal
Superfund Amendments of 1986, Public Law 99-499, by the local fire chief
or his representative, upon request, for the purpose of planning fire
protection and emergency response activities. In addition to an on-site
inspection, the employer shall provide a material safety data sheet or
information by written description or diagram, if requested by the local
fire protection service or local emergency planning committee regarding
the kind, location, approximate quantities, hazardous nature and method
of containment of hazardous substances which the employer stores, uses or
produces at the facility. In addition to the information required by this
subsection, the employer shall provide the fire protection service or
local emergency planning committee with relevant information, through
on-site inspection or written description or diagram, on all other
hazardous substances, as defined in section 260.500, RSMo, which the
employer has knowledge are present at the facility in such form and
quantity as to present a potential threat to public health and safety or
the environment in the event of a fire or a release of the hazardous
substance at the facility. For the purposes of this subsection, relevant
information required of the employer on hazardous substances shall
include the kind, location, approximate quantities, properties, hazardous
characteristics and such other related information as the fire protection
service may require to respond effectively to an emergency at the
facility. Information required of the employer by the department of
natural resources on hazardous waste pursuant to sections 260.350 to
260.432, RSMo, which is made available or provided to the fire protection
service shall satisfy the requirements for information on such substances
under this subsection. Information required by this subsection shall be
available to the general public, as required by Title III, Emergency
Planning and Community Right-to-Know, of the federal Superfund Amendments
and Reauthorization Act of 1986, Public Law 99-499.

3. On the Tier II form every employer shall provide the department, the
local emergency planning committee, and the local fire protection service
in which jurisdiction the employer's facility is located with the name
and current address and telephone number of at least two individuals
familiar with the kind, location, nature and approximate quantities of
hazardous substances present in the facility who may be contacted in the
event of an emergency.

4. All information required from the employer under sections 292.600 to
292.625 shall be updated each March first or more frequently if
conditions change which may affect the ability of the fire protection
service to respond effectively to an emergency occurring at the facility.

5. All information provided by the employer to the fire protection
service, the local emergency planning committee, and the department as
required by subsection 1 of this section shall be available to the
general public from the fire protection service, local emergency planning
committee or the department upon request. Any request for information
shall be in writing. All requests for information shall be available
during normal business hours for inspection by any affected employer. The
fire protection service, the department or the local emergency planning
committee may charge a fee sufficient to cover the actual cost of
providing any requested information. (L. 1985 H.B. 507 & 139 § 2, A.L.
1987 H.B. 655, A.L. 1988 S.B. 765, A.L. 1992 S.B. 480)

1. Fees shall be collected for a period of twenty years from
August 28, 1992.

2. (1) Any employer required to report under subsection 1 of section
292.605, except local governments and family-owned farm operations, shall
submit an annual fee to the commission of one hundred dollars along with
the Tier II form. Owners or operators of petroleum retail facilities
shall pay a fee of no more than fifty dollars for each such facility. Any
person, firm or corporation selling, delivering or transporting petroleum
or petroleum products and whose primary business deals with petroleum
products or who is covered by the provisions of chapter 323, RSMo, if
such person, firm or corporation is paying fees under the provisions of
the federal hazardous materials transportation registration and fee
assessment program, shall deduct such federal fees from those fees owed
to the state under the provisions of this subsection. If the federal fees
exceed or are equal to what would otherwise be owed under this
subsection, such employer shall not be liable for state fees under this
subsection. In relation to petroleum products "primary business" shall
mean that the person, firm or corporation shall earn more than fifty
percent of hazardous chemical revenues from the sale, delivery or
transport of petroleum products. For the purpose of calculating fees, all
grades of gasoline are considered to be one product, all grades of
heating oils, diesel fuels, kerosenes, naphthas, aviation turbine fuel,
and all other heavy distillate products except for grades of gasoline,
are considered to be one product, and all varieties of motor lubricating
oil are considered to be one product. For the purposes of this section
"facility" shall mean all buildings, equipment, structures and other
stationary items that are located on a single site or on contiguous or
adjacent sites and which are owned or operated by the same person. If
more than three hazardous substances or mixtures are reported on the Tier
II form, the employer shall submit an additional twenty-dollar fee for
each hazardous substance or mixture. Fees collected under this
subdivision shall be for each hazardous chemical on hand at any one time
in excess of ten thousand pounds or for extremely hazardous substances on
hand at any one time in excess of five hundred pounds or the threshold
planning quantity, whichever is less, or for explosives or blasting
agents on hand at any one time in excess of one hundred pounds. However,
no employer shall pay more than ten thousand dollars per year in fees.
Except moneys acquired through litigation shall not apply to this cap;

(2) Employers engaged in transporting hazardous materials by pipeline
except local gas distribution companies regulated by the Missouri public
service commission shall pay to the commission a fee of two hundred fifty
dollars for each county in which they operate;

(3) Payment of fees is due each year by March first. A late fee of ten
percent of the total owed, plus one percent per month of the total, may
be assessed by the commission;

(4) If, on March first of each year, fees collected under this section
and natural resources damages made available pursuant to section 640.235,
RSMo, exceed one million dollars, any excess over one million dollars
shall be proportionately credited to fees payable in the succeeding year
by each employer who was required to pay a fee and who did pay a fee in
the year in which the excess occurred. The limit of one million dollars
contained herein shall be reviewed by the commission concurrent with the
review of fees as required in subsection 1 of this section.

3. Local emergency planning committees receiving funds under section
292.604 shall coordinate with the commission and the department in
chemical emergency planning, training, preparedness, and response
activities. Local emergency planning committees receiving funds under
this section, section 260.394, RSMo, sections 292.602, 292.604, 292.605,
292.615 and section 640.235, RSMo, shall provide to the commission an
annual report of expenditures and activities.

4. Fees collected by the department and all funds provided to local
emergency planning committees shall be used for chemical emergency
preparedness purposes as outlined in sections 292.600 to 292.625 and the
federal act, including contingency planning for chemical releases;
exercising, evaluating, and distributing plans, providing training
related to chemical emergency preparedness and prevention of chemical
accidents; identifying facilities required to report; processing the
information submitted by facilities and making it available to the
public; receiving and handling emergency notifications of chemical
releases; operating a local emergency planning committee; and providing
public notice of chemical preparedness activities. Local emergency
planning committees receiving funds under this section may combine such
funds with other local emergency planning committees to further the
purposes of sections 292.600 to 292.625, or the federal act.

5. The commission shall establish criteria and guidance on how funds
received by local emergency planning committees may be used. (L. 1992
S.B. 480, A.L. 2001 H.B. 453)

1. The "Chemical Emergency Preparedness Fund" is hereby
established. Funds appropriated under section 292.604, private donations,
federal grants, contracts, and other funds provided to the commission and
the department for distribution as provided in section 292.604 shall be
placed in the chemical emergency preparedness fund. Notwithstanding the
provisions of section 33.080, RSMo, to the contrary, funds in the
chemical emergency preparedness fund shall not revert to the general
revenue fund. Interest accruing to the fund shall be part of the fund.

2. The chemical emergency preparedness fund shall, upon appropriation, be
used to implement the provisions of sections 292.600 to 292.625. (L. 1989
H.B. 77, et al.)

1. Trade secret claims by an employer shall be made to the
department and subject to the same protection as and treated in a manner
similar to and authorized by Title III, Emergency Planning and Community
Right-to-Know, of the federal Superfund Amendments and Reauthorization
Act of 1986, Public Law 99-499.

2. No officer, employee, or agent of any state or municipal department,
agency, commission members, members and employees of district and local
emergency planning committees, or authority shall disclose to anyone in
any manner any record or portions thereof protected pursuant to the
provisions of sections 292.600 to 292.625 and Title III, Emergency
Response and Community Right-to-Know, of the federal Superfund Amendments
and Reauthorization Act of 1986, Public Law 99-499, which are within his
custody or knowledge for as long as such record or portions thereof shall
be so exempted or until a final judicial denial of such exemption is
rendered. Any person who violates any provision of this section commits
the crime of misuse of official information and may be punished as
provided in section 576.050, RSMo. (L. 1985 H.B. 507 & 139 § 3, A.L. 1988
S.B. 765)

The department shall have the authority to promulgate, after
public hearing, rules and regulations to carry out the provisions of
sections 292.600 to 292.625 and to meet the reporting requirements of
Title III, Emergency Planning and Community Right-to-Know, of the federal
Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499.
No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1988 S.B. 765, A.L. 1993
S.B. 52, A.L. 1995 S.B. 3)

1. The attorney general shall bring an action in circuit court
against any employer knowingly and intentionally violating the provisions
of sections 292.600 to 292.625. In any such action the circuit court
shall have jurisdiction to restrain violations of the provisions of
sections 292.600 to 292.625 and to levy appropriate penalties, including
reasonable attorney's fees and costs, of not more than five thousand
dollars per violation for each day of violation. Any civil penalty
assessed for the violation of any of the provisions of sections 292.600
to 292.625 shall be payable to the general revenue fund.

2. The commission, local emergency planning committees or fire protection
services may, on their own initiative or on behalf of any person,
commence a civil action against an employer for failure to submit the
required Tier II form after thirty days of such employer being notified
by the commission that such employer is not in compliance. A local
emergency planning committee or fire protection service commencing a
civil action shall seek commission approval in advance of such action and
cooperate with the commission and the department in the legal process.
Any violations of section 260.394, RSMo, sections 292.602, 292.604,
292.605, 292.606, 292.615 and section 640.235, RSMo, shall constitute a
class C misdemeanor.

3. Any employer, the department, or the Missouri emergency response
commission may commence a civil action against a local emergency planning
committee for failure to use fees collected under section 292.604 for the
purposes specified in sections 292.600 to 292.625 or for use of fees
collected under section 292.604 for purposes other than those specified
in sections 292.600 to 292.625. The department and the commission may
recover, by appropriate legal means, any funds spent inconsistent with
the purposes specified in sections 292.600 to 292.625.

4. The Missouri emergency response commission may commence a civil action
against a local emergency planning committee that fails to provide
information as required in subsection 4 of section 292.606.

5. No person shall refuse entry or access for the purpose of
investigating possible violations of sections 292.600 to 292.625 or the
federal act by an authorized representative of the department who
presents appropriate credentials, nor obstruct or hamper the
representative. A suitably restricted search warrant, upon showing of
probable cause in writing and upon oath, may upon application be issued
by any court of competent jurisdiction to any such representative for the
purpose of enabling the representative to investigate or respond to
possible violations of sections 292.600 to 292.625 or the federal act.
(L. 1985 H. B. 507 & 139 § 4, A.L. 1987 H.B. 655, A.L. 1988 S.B. 765,
A.L. 1992 S.B. 480)

1. Owners and operators of facilities where one hundred pounds
or more of explosives or blasting agents as defined in Title 49, Code of
Federal Regulations, Part 173, Subpart C are temporarily stored shall
file such reports as required under section 292.605 whenever such
explosive materials are stored in a particular facility for more than
fifteen days and each time such explosive materials are relocated to a
new site for storage of more than fifteen days duration, except that when
such explosive materials are stored in any facility for less than fifteen
days such reports shall not be required and the facility owner or
operator shall, within twenty-four hours of the arrival of such explosive
materials at the facility, notify the local fire department in the
jurisdiction where the facility is located that such explosive materials
are temporarily stored in that facility and shall describe the contents
and amount of the explosive materials stored therein. The provisions of
this subsection concerning explosive materials shall apply to owners and
operators of facilities where explosives are temporarily stored prior to
use at that facility or location and shall not apply to storage by
manufacturers and distributors prior to sale or to such material while in
transit provided that the transporter is in compliance with the United
States Department of Transportation regulation.

2. All facilities required to submit reports under sections 292.600 to
292.625, except those facilities having an emergency response policy or
facilities located in a fire protection district or municipality having a
fire protection code, shall provide visible markings on the outside of
buildings, rooms and containers where hazardous substances are present.
These markings shall conform to the National Fire Protection Association
Standard Number 704 or with other federal laws or regulations, or in the
case of containers, may as an option comply with Safety and Health
Administration Hazard Communication Rule, 29 CFR 1910.1200(f). To avoid
duplication of markings, marking requirements of the United States
Department of Transportation shall satisfy the requirements in regard to
motor vehicles, rolling stock and aircraft. (L. 1989 H.B. 77, et al.,
A.L. 1990 S.B. 719)

Members of the Missouri emergency response commission and
members of local emergency planning committees appointed by the
commission shall not be liable for damages incurred as a result of
actions taken by them when acting in their capacities pursuant to
sections 292.600 to 292.625, or the federal act. This protection from
liability shall not apply for acts or omissions which result from
intentional wrongdoing or gross negligence. (L. 1989 H.B. 77, et al.)

The department shall:

(1) Exercise general supervision of the administration and enforcement of
sections 292.600 to 292.625 and all rules and regulations adopted or
issued hereunder;

(2) Retain, employ, provide for and compensate, within appropriations
available therefor, such personnel as may be necessary to carry out the
provisions of sections 292.600 to 292.625;

(3) Budget and receive duly appropriated moneys for expenditures to carry
out the provisions of sections 292.600 to 292.625;

(4) Accept, receive and administer grants or other funds or gifts from
public and private agencies, including the federal government, for the
purpose of carrying out the functions and responsibilities enumerated in
sections 292.600 to 292.625. Funds received by the department pursuant to
this section shall be deposited with the state treasurer and held and
disbursed by him in accordance with the appropriations of the general
assembly;

(5) Work with local emergency planning committees to accomplish the
purposes and objectives of sections 292.600 to 292.625. (L. 1988 S.B. 765)

1. At all construction projects at which twenty people or more
are engaged in the performance of work, the primary employer or
contractor at such project shall provide at least one portable toilet for
each twenty people; except that, the provisions of this section shall not
apply to any railroad company.

2. The provisions of this section shall be enforced by the department of
labor and industrial relations through the division of labor standards.
Upon a finding by a court of competent jurisdiction that a primary
employer or contractor has willfully violated or omitted to comply with
the requirements of this section, such person or persons shall be subject
to penalty as provided by section 290.340, RSMo. (L. 1995 S.B. 96 § 2)

1. In accordance with the adopted standards which are consistent
with the accepted public health practices and recommendations of the
United States Centers for Disease Control, the state of Missouri shall
offer the hepatitis B immunization to every employee of the state of
Missouri who is determined to be at risk for contracting hepatitis B, as
defined by the federal Occupational Safety and Health Administration
blood borne pathogens standard.

2. The department of health and senior services, in conjunction with the
division of personnel in the office of administration, shall provide
materials to allow each department of the state to determine if any state
employees of the department are at risk for occupational exposure to
hepatitis B.

3. Every department of the state shall determine which, if any, state
employees of the department are at-risk employees for occupational
exposure to hepatitis B. After such determination, every department shall
provide the department of health and senior services with the number of
employees, if any, who are determined to be at risk. The department of
health and senior services shall provide materials for such at-risk
employees regarding occupational exposure to hepatitis B to be
distributed by any department reporting an at-risk employee.

4. Every department shall distribute the materials regarding occupational
exposure to hepatitis B provided by the department of health and senior
services to all identified at-risk department employees. Every department
shall determine the number of at-risk employees requesting the hepatitis
B vaccination.

5. Every department shall provide the hepatitis B vaccine to every
identified at-risk employee requesting the hepatitis B vaccination and
shall determine the procedure for administering the hepatitis B vaccine
to such employees. (L. 1997 H.B. 635 § 1, subsecs. 1 to 5)

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