48-414 Safety codes; enforcement; violation; penalty; coverage of sections. - Nebraska Statutes

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