48-403 Ventilation; dust and fumes; fans required. - Nebraska Statutes

48-403. Ventilation; dust and fumes; fans required.If in any of the aforesaid places any process is carried on by which dust or fumes are caused, which may be inhaled by the persons employed therein, or if the air shall become exhausted or impure, there shall be provided a fan or other such mechanical device as will substantially carry away all such dust or fumes or other impurities, subject to the approval of the Department of Labor. SourceLaws 1911, c. 67, § 3, p. 300; Laws 1913, c. 103, § 1, p. 259; R.S.1913, § 3590; Laws 1919, c. 190, tit. IV, art. IV, § 3, p. 559; C.S.1922, § 7684; C.S.1929, § 48-403; R.S.1943, § 48-403.AnnotationsThe "aforesaid places" referred to in this section are those which are mentioned in sections 48-401 and 48-402: factories, mills, workshops, mercantile or mechanical establishments, or other buildings where one or more persons are employed. Anderson v. Nashua Corp., 246 Neb. 420, 519 N.W.2d 275 (1994).Burden is on employee to prove that injury resulted proximately from failure of employer to install a fan to carry off fumes of paint shop. Smith v. Morton Motor Co., 145 Neb. 396, 16 N.W.2d 843 (1944).Fact that employee contracted disease of echinococcosis does not show violation of this section. Russo v. Swift & Co., 136 Neb. 406, 286 N.W. 291 (1939).Where employer provides foundry with ample ventilation and suitable equipment, and such foundry is inspected about twice a year by representative of Nebraska Department of Labor who makes no additional requirements, employer has complied with the statute. Rzeszotarski v. American Smelting & Refining Co., 133 Neb. 825, 277 N.W. 334 (1938).Where ventilators and windows would tend to carry away dust and fumes, trial court was not required to instruct jury with reference to this section. Grover v. Aaron Ferer & Sons, 122 Neb. 755, 241 N.W. 539 (1932).Employer has burden of proof to show that the installation of a fan or other device for the removal of dust and fumes is not practicable. Grant Storage Battery Co. v. DeLay, 87 F.2d 726 (8th Cir. 1937).