Kansas Administrative Code

Safety relief valve require- ments for hot water boilers and hot water supply boilers. (a)(1) Each hot water heating boiler shall have at least one ASME-certified or national board-certified safety relief valve set to relieve at or below the maximum allowable work- ing pressure o…

Steam gauges. (a) Each steam boiler shall have a steam gauge connected to its water column or a steam connection by means of a siphon or equivalent device exterior to the boiler. The siphon shall be of sufficient capacity to keep the gauge tube filled with water and shall be ar- …

Pressure or altitude gauge and thermometers. (a) Each hot water boiler shall have a pressure or altitude gauge connected to it or to its flow connection in such a manner that it cannot be shut off from the boiler except by a cock with tee or lever handle placed on the pipe near t…

Water gauge glasses. (a) Each steam boiler shall have one or more water gauge glasses attached to the water column or boiler by means of valved fittings. The lower fitting shall be provided with a drain valve of the straightway type with an opening not less than ¼ inch in diamete…

Applicability. Unless exempted by the act, this article of the department’s regu- lations shall apply to all amusement rides, as de- fined in K.S.A. 2016 Supp. 44-1601 and amend- 631 Amusement Ride Regulations 49-55-7 ments thereto, within the state. (Authorized by and implementi…

Reporting of amusement ride locations. (a) Permanent amusement ride. The owner of each permanent amusement ride shall annually report the location of that amusement ride on a form provided by the department. If the owner removes a permanent amusement ride from service or places a…

Submitting reports and other documents; notification of death. (a) Except as provided in subsection (b), each report and any other document required by these regulations or the act shall be submitted to the department’s di- rector of industrial safety and health by mail, fac- sim…

Violations; reporting violations to the attorney general, county attorney, or district attorney. (a) Each notice of violation is- sued by the department for a violation of the act or these regulations shall specify the following: (1) The nature of the violation; (2) the facts sup…

Nationally recognized orga- nizations that issue certificates or other ev- idence of qualification to inspect amusement rides. The nationally recognized organizations that issue certifications or other evidence of qual- ification to inspect amusement rides and that re- quire educ…

Definitions. (a) “Act” means the Kansas amusement ride act and amendments thereto. (b) “Amusement ride records” means the fol- lowing: (1) The current certification of an inspector’s qualifications to inspect amusement rides; (2) the current certificate of inspection signed by a …

(Authorized by K.S.A. 2009 Supp. 44-1614; implementing K.S.A. 2009 Supp. 44- 1602; effective May 28, 2010; revoked, T-49-6-27- 17, July 1, 2017; revoked Oct. 13, 2017.)

Permit application; certificate of inspection. Each application for a permit shall include the following: (a) The name of the owner and operator of the amusement ride; (b) the location of the amusement ride or the lo- cation where the amusement ride is stored when not in use; (c)…

(Authorized by L. 2009, ch. 71, sec. 3 and K.S.A. 2008 Supp. 44-1602; implementing K.S.A. 2008 Supp. 44-1604; effective May 28, 2010; revoked, T-49-6-27-17, July 1, 2017; re- voked Oct. 13, 2017.)

Record retention. The owner of each amusement ride shall retain all amusement ride records for a period of three years, which shall be grouped according to amusement ride. The owner shall retain all amusement ride records at the location of the amusement ride’s operation. Thereco…

Location of evidence of inspec- tion. The owner of each amusement ride shall af- fix a copy of the current inspection results under a weatherproof covering in a conspicuous location 632 DEPARTMENT OF LABOR 49-55-8 on the amusement ride so that each patron can see the results befo…

Procedure for selection of an amusement ride for compliance audit. (a) Amusement rides shall be randomly selected each quarter by the department for compliance audit by location. Random selection for compliance au- dit shall include selecting amusement rides from a list of amusem…

Location of safety instructions. The owner shall affix the safety instructions for each amusement ride in a conspicuous location under a waterproof covering that allows patrons to read the instructions before boarding the amuse- ment ride. (Authorized by L. 2009, ch. 71, sec. 3; …

Collective bargaining units in ex- istence. If there has been a collective bargaining unit established and recognized by its employer prior to the taking effect of this act, an employ- ee or labor organization may, upon filing with the office of the commissioner a short resume of…

Petition for collective bargaining unit. Any employee, labor organization, or the agent of either of them may petition the commis- sioner to determine a collective bargaining unit for all employees in a unit appropriate for such purpose, and for a determination of said unit whene…

Referendum for decertification election. If a collective bargaining unit has been established by election procedure or has been es- tablished prior to the effective date of this act and it is the desire of said unit to change its designation of a union representative for such col…

Type of election determined by commissioner. The commissioner will deter- mine whether or not a manual ballot, mail ballot, or jointly conducted union-management election will be held pursuant to rules and regulations for each of such elections as hereinafter set out. (Au- thoriz…

Commissioner to certify election results; bar to subsequent election. If a ma- jority of the employees in the proposed collective bargaining unit have voted in such election to or- ganize themselves into a collective bargaining unit and designate a union representative of such un…

Majority of votes necessary; run- off election at discretion of commissioner. If two or more labor unions have competed in the representation election so that none of the labor organizations received a majority of the votes necessary to carry such an election, and if in the commi…

Petition; who may file.Apetitionfor authority to enter into an all-union agreement may be filed by representatives of a labor organization when employees have organized themselves into a collective bargaining unit. The labor organization 582 DEPARTMENT OF LABOR 49-7-2 may file th…

Petition; contents. The collective bargaining unit shall file its petition in quadrupli- cate (4) in form as prescribed by the commission- er. Said petition shall contain: (a) Evidence of all-union agreement authoriza- tion by at least thirty percent (30%) of the employ- ees in t…

Prerequisites to election. The commissioner will order that an all-union agree- ment authorization election be held if his investi- gation has revealed that: (a) No question concerning representation is pending. (b) The petitioning labor union is the presently designated represen…

Employer notified by mail. Upon the commissioner determining to order an all- union agreement secret ballot election, he will forward a letter to the employer informing him of his decision. (Authorized by K.S.A. 44-802(5), 44-809(4) and (5), 44-816; effective Jan. 1, 1966.)

Commissioner elects type of vote. The commissioner will determine whether or not to hold a manual ballot, mail ballot, or jointly conducted union-management election pursuant to rules and regulations for each of such types of elections as hereinafter set out. (Authorized by K.S.A…

Election results reported. On the election being completed, the results shall be an- nounced and a report of the election will be made in writing by the commissioner’s office to the in- terested parties. (Authorized by K.S.A. 44-802(5), 44-809(4) and (5), 44-816; effective Jan. 1…

Prepetition duties of parties. In the event an existing contract between an em- ployer of the collective bargaining unit is due to expire of its own terms or in the event the con- tract is subject to renegotiation or revision pur- suant to its terms and the collective bargaining …

Contractual relations. In the event a labor organization contends that there has been a major breach of its contract with its employer or in the event a collective bargaining unit prop- erly certified by the commissioner’s office has no contract with its employer and, in either c…

Settlement negotiations. In the event a new contract is signed or negotiated by the parties prior to the conducting of the secret strike ballot by the commissioner, it shall be the duty of the officers of the collective bargaining unit and the employer to notify the commission- e…

Employer notified. Upon the com- missioner determining to order a secret strike bal- lot he will write a letter to the employer informing him of his decision. (Authorized by K.S.A. 44-816; effective Jan. 1, 1966.)

Commissioner elects type of vote. The commissioner will determine whether or not to hold a manual ballot, mail ballot, or jointly conducted union-management election pursuant to rules and regulations for each of such types of elections as hereinafter set out. (Authorized by K.S.A…

Election results reported. After the election is completed the results shall be an- nounced and a report of the election will be made in writing by the commissioner’s office to the in- terested parties. (Authorized by K.S.A. 44-816; effective Jan. 1, 1966.)

Election results; period of validi- ty. If a majority of the employees in the collective bargaining unit do not vote in favor of a strike, any strike called in that unit will be considered an un- lawful strike. Strike election results shall be valid for a period of sixty (60) day…

Voters eligibility cutoff date. In every case, upon decision of the commissioner to hold an election of any type he will request from the collective bargaining unit and/or the employer that they each submit a list of eligible voters of the collective bargaining unit, which list s…

Eligibility in general. Generally, the commissioner will determine that eligible voters shall be those employees included with- in the collective bargaining unit who were em- ployed during the payroll period on the cut-off date established by the commissioner, including employees…

Posting of election notice. In all types of elections there shall be posted in prom- inent places about the employer’s establishment, notice of the election prior to the time and date of the election, and such notice shall include among other necessary and pertinent information t…

Secret ballot; general. In every case, the commissioner’s office shall prepare bal- lots for the holding of the election. The voter must make a cross in the block designating his choice in the election. The intent of the voter will be fol- lowed as closely as possible in the mark…

Contested elections; grounds for voiding election. In case of a contested elec- tion, the contestants shall notify the commissioner within ten (10) calendar days after the close of the election that they do contest the election, setting forth by petition their reasons for contest…

(Authorized by K.S.A. 1965 Supp. 44-714(a); effective Jan. 1, 1966; amended May 1, 1980; revoked May 1, 1987.)

Meaning of terms relating to both unemployment compensation contributions and benefits. (a) Division. “Division” means the division of employment security, department of human resources, state of Kansas. (b) State. “State,” for purposes of the interstate reciprocal coverage arran…

Definitions relating primarily to unemployment compensation contribu- tions. (a) “Market” means the place or point where the producer or grower of the commodity customarily parts with economic interest in its future form or destiny. (b) “Wages paid” shall include both wages actu-…

Definitions; unemployment com- pensation claims and benefit payments. (a) “Additional benefits” means benefits payable to exhaustees by reason of conditions of high unem- ployment or other special factors under provisions of any other state law. An “exhaustee” is an indi- vidual …

Meaning of terms relating to suc- cessor classification. The following terms are used when determining whether an employing unit is to be classified as a successor employer when acquiring the business of a predecessor em- ployer in accordance with K.S.A. 44-703(h)(4) and 44-710a(…

Rules pertaining to the cash val- ue of remuneration in kind. (a) Board, lodg- ing, and any other forms of payment in kind to a worker that represent remuneration for services in addition to or in lieu of cash payments shall constitute wages, unless K.S.A. 44-703 (o) (11), and am…

(Authorized by K.S.A. 44-711(e) (1); effective Jan. 1, 1972; amended Jan. 1, 1974; revoked May 1, 1987.) 640 DEPARTMENT OF LABOR—DIVISION OF EMPLOYMENT 50-2-11

Payments by reimbursing em- ployers. Payments by reimbursing employers shall become due and payable 30 days after the date of mailing of the reimbursing employers quarterly statement of benefit charges. (Autho- rized by K.S.A. 1980 Supp. 44-710(e)(2); effective Jan. 1, 1972; amen…

Reports by reimbursing employ- ers. Each reimbursing employer shall file, with the division, a report on forms furnished or autho- rized by the division. The report shall indicate for each covered worker the following information: (a) Social security number; (b) first and middle …