Document 6bjExyknm3dpm1zMX8w8nRb41

ua-ui-^uuu uj:13pm ^ rom-w I Ltw f z Mi-fZB-Hir / / SILICOSIS AS AN EMPLOYER PROBLEM By Alfred. C. Hirth AIR HYGIENE FOUNDATION OF AMERICA T-5Z5 P.0UZ/VI3 F~7T8 Secretary Perkins has requested me to present the employers* viewpoint of the increasingly troublesome Silicosis problem. I am deeply honored by her confidence and not a little troubled by the magnitude and importance of the assignment. In presenting the employer viewpoint, I do so with full ap preciation of the fact that time has not permitted the holding of employer conferences on views and policies on what, after all, is, a problem of national scope. Therefore, it is only fair to state that the views expressed by me are not presented as the views of industry as a whole~-no one nan is in a position to positively state any opinion as official and unanimous for all industry. But there is a well developed body of employer experience and a full understanding of Silicosis as a possible health hazard in certain in dustries. There is one point, however, which I can state positively as the .'unanimous opinion of employers in the Nation and that is that thin problem i is one which is commok to both employers and employees nr.d should not be I treated as one in which their interests conflict. The importance of dust as a factor in occupational mortality is well recognized by industry and much of the information we now have in connection therewith is a result of the cooperative effort of industry, the United States Public Health Service and the Bureau of Mines, One of the earliest studies in this country is based on the survey of the granite industry at / Barre, Vermont. It wan made possible through the efforts of the United States Public Health Service, the manufacturer and the workers. I quote uo-u-iuuu 03:jopm fTom-iviLtNrz 73Z-7Z6-6Z17 T-5Z5 P.003/013 F-779 "Fourteen of the granite manufacturers of Barre kindly gave permission to enter their plants and interview their workers and furnished a daily report of absentees for the morbiditystudy. They also permitted the col lection of dust samples in their plants. "The Granite Workers' Union was very cooperative and many of the mem bers presented themselves for examination and study." Similarly, in the study of the cement industry, the Public Health Service states that-- "The Public Health Service highly appreciates the excellent cooperation of the cement company, the sound advice and helpful assistance of the super intendent of the plant and the nurse in visiting absentees and maintaining accurate records." These studies have continued over a period of years, during which time employers have opened their plants and lent their assistance in the study of Calcium Dust, Silica Dust, Metal Dust, Carbon IXist and Vegetable Dust. The most recent of such studies was that of the anthracite industry concluded in 1935. Wo more convincing evidence of the desire of employer and employee to cooperate in solving this problem could possibly be furnished. In the words of the author who prepared the report-- "The anthracite coal operators and the United Mine Workers of America rendered invaluable assistance throughout the course of the study." In addition to the assistance which employers have rendered governmental agencies in making their investigations, industry has conducted a tremendous amount of research on its own account. The insurance companies have been prominent in the study of dust hazards both from the laboratory and operating standpoints. They have maintained, large field forces which ho.ve made exhaustive dust counts In entire indus tries to determine the existence of possible hazards. [RECEIVED TIMEMAY, 2.1 2:13PM PRINT TIMEMAY, 2, 2:20PM ua-uc-cuuu ua:iopm rroirmcmz 73Z-7Z6-6ZI7 T-5Z5 P.004/013 F-779 As new problems have arisen individual comonnios have called upon the Harvard School of Public Health and Saranac Laboratories to conduct what ever experiments were necessary to discover whether the operation night be deleterious to the health of employees. Since its inception, the National Safety Council has been interested in occupational diseases. It undertook a study of Silicosis in 1928, the re sults of which were made available by publication in the American Journal of Hygiene. The American Standards Association has appointed a special committee who have been active on this problem for the past year and a half. This committee includes representatives of twenty-five organizations and through its subcommittees on fundamentals is giving a great deal of study to the question of toxic limits and other phases of the matter. Almost every trade association which includes dusty industries has con ducted some work on the subject. The Air Hygiene Foundation of America Is now engaged in collecting and i | coordinating available information concerning pneumoconiosis. The Founda tion is composed of approximately a thousand companies and has adopted a program almost identical with that of the Department of Labor as revealed by its committee set'^mp. As a direct result of this great mass of research, we have been able to design and fabricate mechanical appliances and equipment to such a degree that the existence of a dust hazard is already on Its way out. The current demand for mechanical methods which will prevent Silicosis and other dust diseases has led to ar. opinion held by some that engineering control of dust is a novel idea. This, however, is contrary to fact. ua-uz-zuuu ua.'ispm Prom-wiueiNTZ 732-726*6217 -U- T-525 P.005/013 F-779 Historically, the most far reaching program for dust control through engineering neons was initiated in the South African gold nines in 1903At that tine, regulations were issued regarding dust prevention in under ground nines, modifications of which have been node from time to tine as our experience has pointed out new ways and means. This.program has been eminently successful, for medical examinations have shown a steady and continuing decline in the Silicosis rate. f We have found that one of the fundamental methods of dust elimination . is the substitution of wet for dry processes. Very effective)work along t this line has been accomplished in the mining industry in the use of wet drills. Similarly, wet grinding has quite generally superseded the old dry processes, batching operations are often performed with materials that are damp to start with or with the addition of water at sone stage in the process; mine rooms and passageways are often sprayed with water or some chemical such as salt solution to allay dust during and after blasting; water instead of air is used in cleaning castings. One of the most inex pensive and effective means of dust control that we have found is the iso lation of dust producing processes from the rest of the plant. This pro cedure is used today in almost all sand blast operations, which heretofore have been one of our most serious sources of dust. It has been our experience that the simple expedient of avoiding "bad practices" in management of factory and mine oporacicns is a time tested I preventive of dust diseases. Well supervised mines, for example, schedule their blasting for periods when men are not in the vicinity and do not per mit that room to be worked until after the lapse of a specified period. Better managed foundries make it a practise to shakeout in the early morn ing or at other tines when most of the workmen are absent. Many plants . U3_ut-cuuu ua:iopm rrom-wiLtmz -5- 73Z-7Z6-6Z17 T-5Z5 P.006/Q13 F-T7S - " --* require strict adherence to rules for cleaning and sweeping. They prohibit the blowing off of dusty machinery or clothing with air hose. Sweeping :Ln dusty working roons is usually done only after working hours end after first sprinkling the floor. Vacuum cleaning either by a portable machine or by a central systen has been used in factories and foundries of all descriptions. ^ We have not been able to eliminate all dust hazards by the comparatively simple procedure outlined above, and in some cases have found it necessary to install exhaust ventilation. By this means we have been able to remove dust laden air from the dust producing process at its point of generation. It is frequently a very expensive installation but in some operations is indi spen sable. The principles of exhaust ventilation have been applied by the mining % industry very effectively. Cne of the most outstanding illustrations has been their development of the so-called dust trap on drills, whereby they have been able*to reduce dust in dry drilling to a level equal to or less than that attained in wot drilling. I night go on almost indefinitely in discussing what has been done in Industry and what industry proposes to do. I have referred to the subject quite briefly, with the thought in mind that it might be heartening to Madan Secretary if she realized how much had already been done. The elimination of the dust hazard is inseparably connected with the physical examination of employees. The finest engineering talent is now em ployed in purifying the air in our plants, but whether or not the hazard has in fact been removed will be finally demonstrated by the fact that the lungs of workmen are not being affected and this can be determined only | by an X-ray examination. No effective program of dust elimination can be PRINT TIMEMAY. uo-u^-uuu uj://pm i-i'om-wiLtim -6- 73l-m-62\T T-525 P. 007/013 F-778 ' inaugurated that does not provide for a medical check-up as an acid test of the effectiveness of the work of the engineers. ^ The careful employer is also concerned with the fitness of the nen whon I he employs. So long as the hunan element remains in our industrial life, we will have sone negligent employers, just as we will always have some careless workmen. Society penalizes these individuals by the passage of laws ar.d by awarding compensation to those who have beer, injured as a con sequence, but society certainly does not want the careful employer to suf- e fir, for, if it does, it will have greatly reduced the inducement to be careful. In brief, the employer who has gone to great expense to maintain l a safe plant does not want to employ a mar. whose health has been undermined j while in some other employment but whose disability does not occur until < some tine later with the natural consequence that claim is brought against the employer for whom he was working at the time of disability rather than the employer who caused the disability. We do not believe, however, that when such an examination demonstrates that an individual may have some fibrosis present in his lungs that he should then be either deprived of his means of livelihood or should be placed at other work at a reduced income. We sympathize wi'th the employees' objection to physical exanina- tion, when such examination results in their being cast out of employ ment . We simply point out here the value of a physical examination in connection with the elimination of dust hazards, and we assure our em ployees that some fair plan will be worked out whereby they will not be l caused to suffer. * However well we nay do our work, there are now, and in the future will be, sone nen who become disabled from Silicosis.. The manner in [RECEIVED TIMEMAY, 2. H 2:13PMI PRINT TIMEMAY. 2. 2:20PM ua-ut-tuuu ujiupm p rom-H i lcih i i fni-Uti-mir -7- T-5Z5 P.008/013 P-778 which these men are to "be compensated, presents a perplexing problem. Within the past two years, various interests have rushed in and secured legislation on the subject without giving sufficient thought to its femulation and in some cases have done more harm than good. . In some instances they have failed utterly to make any provision for the creation of medical boards to determine the existence or extent of dis ability, In others, they have been content to provide for compensation without giving any thought to the question of accrued liability, fur problen is not solved if we simply succeed in passing the buck along to someone else. It is essentially a joint undertaking, and if the in surance companies are to be asked to assist, we must so phrase our laws that they can do so on u basis having some relation to fact and not to be asked to buy a pig in a poke. Some groups believe that no change should be made in the existing order; others are of the opinion that Silicosis should be made compensable in the same manner that traumatic injuries are now compensated under Workmen's Compensation Acts. There . is no such thing as unanimity of opinion. The question of whether Silicosis should be compensable or whether it should remain the subject of common law actions, in those States recognizing a common law cause of action for occupational disease, is squarely before us. In England and many of her dominions which have had extensive experience v;ith Silicosis and kindred diseases, the disabilities have been made compensable under Occupational Disease Acts. I think it will be agreed that under such acts, the vicious situation with which we are now faced, the filing of thousands of actions for damages by ambulance chasing lawyers would be largely, if not entirely, eliminated., (RECEIVED TIMEMAY. 2 2:20PM U5-UZ-Z000 03:17pm From-WILENTZ 732-726-6217 T-525 P.009/013 F-779 The shyster lawyer will foment litigation only so l-'ng as he will re ceive a substantial portion of the recovery. As soon as his fee becone6 a negligible quantity, then, and then only, will his interest cease. Under many of the better drawn Compensation Acts, legal fees are strictly limited. The elimination of large legal fees is of real benefit to the employee. Under such a plan the injured non or his dependents are those who receive the benefits--not the lawyers and expert witnesses used in the prosecution of the case. This benefit, of course, is also shared by the employer. Some consideration should also be given to the desirability of eliminating lay juries from cases of this kind. Wo are not hero dealing with the type of injury which the layman can visualize and understand, such as a broken arm or a broken leg, but with a very complex lung condition which is not understood even by the medical profession generally. Much of the evidence in these cases consists in the testimony of medical experts. In many cases you will find a sharp conflict between the plaintiff's experts and those of the defendant. Their testimony will not only be conflicting but will be in such forn and couched in such language as to be wholly unintelligible to the jury and often to the Court, That a Jury can weigh such testimony and come to a correct conclusion is.most improbable. In compensation cases, on the other hand, the hearing is had be fore Commissioners or a Medical Board, who in tine should become suf ficiently familiar with the subject to enable then to arrive at a reasonably correct conclusion, whereas, in jury cases, each ease is tried before a new Jury who have no information on the subjeet whatever. Mill0prp n,p0 TIMEMAY, 2, ITTTpmBWBBprT^^ 05-OZ-ZQOQ 03:18pm Prom-WILENTZ 732-726-52)7 -9- T-5Z5 P.010/013 F-77S Curiously enough, if a juror were familiar with the subject, he probably would be disqualified to act. The problen is not solved by simply including Silicosis as an accidental injury under existing Workmens Compensation Acts or as an occupational disease under acts covering disability arising from this source. It is peculiar unto itself and should be the subject of special handling. Properly drawn compensation laws embracing Silicosis should recognize accrued liability on a basis that will not cripple industry and thii's cause unemployment, should provide for periodic physical examinations in the interest of workers, should establish adequate medical boards for the determination of medical questions, !should make provisions against stale claims, and should provide for ^assignment of partially disabled workers to more fitting jobs. It should be borne in mind that in the interests of all concerned the burden of cost must be kept below that point which will cripple any industry, thereby crippling the community in which such industry is located because of the resulting unemployment. Industry appreciates the fact that the medical aspect of the Silicosis problen is a very intricate one and that, unfortunately, few doctors are capable of making a correct diagnosis. Through ignorance and sensational publicity, the popular belief is rapidly growing that to inhale silica is to have Silicosis, The question of disability seems to be ignored entirely, whereas it is really the neat of the question. I think it would be helpful if our medical experts could furnish us with some usable information as to the relationship between Silicosis and disability and give us some yardstick for measuring the extent of m *< n te? RECEIVED TIMEMAY. 2 uo-ui-zuuu u 3: i o pm t-rora-wiLtnu -10- f32TZB-BZI f T-5Z5 P.01 I/O 13 F-778 dlsability where It exists. I nay "be asking the impossible, and it nay require considerable research at no snail expense to determine finally that it is impossible, hut I d-> believe that it is worth both the tine and the money. If we talked more about disability and less about Silicosis, we would be more accurately expressing our ideas. There can be no question that the Silicosis problen should be and is our first concern. It9 existence has again brought to our attention a situation which, we believe, has become so intermingled with the nany ranifications of the dust problen that enployers and enployees should join in t seeking to eliminate it. I refer to our nutual nala^r--the shyster lawyer and quack doctor, who have been with us always, but whom we hope we nay sone day exterminate. Let there be no misunderstanding at this point. I do not mean to imply that there are not bona: fide cases of Silicosis in which plaintiffs have been represented by lawyers of .ability and integrity, but the great majority of cases which have cone to ny attention have been without merit. I night mention in passing that one old darly, eighty-four years old, sued a company for whom he had nrtt worked for thirty-nine years, claiming that his life had been shortened by Silicosis. As a natter of fact, I have seen few nen of his age in as fine physical condition. The incident in itself is huaouous, but the picture it has helped to paint is far from funny. I wonder if we all realize how far reaching is the effect of racketeering lawyers. It night be well to pause for a moment and analyze the situation. In so doing, I will confine myself to facts which I have actually witnessed and not to conjecture. When the present epidemic o? litigation swept the country, many em ployers and most employees had never heard of Silicosis. The employee's u3-uz-iuuu usuaprn From-mtim 732-72S-S217 T-525 P.012/013 F-179 -11- first contact with the disease was not ordinarily occasioned by illness or disability, but by an interview with some "runner" drumming up business for his lawyer boss. Generally speaking, it Aid not require very nuch persuading to convince large groups of able-bodied nen with good jobs that they were afflicted with on insidious lurking disease and that to continue in their present employment meant hastening a premature death, the warrant for which had olready been signed. The successful "runner" is a very glib individual. He dangles golden treasures before his prospective client in the form of promises of enormous verdicts. The upshot of the matter is that the employee signs a contract whereby he authorizes a so-called lawyer, whom he has never seen, to file a suit in his behalf, in return for which he agrees to pay one-half of whatever amount he may recover, and from his remaining share agrees to pay all of the costs incident to the litigation. I. recall one instance quite vividly. A perfectly healthy individual, who had been on the same job for seventeen years, recovered a judgment of $6,500.00 of which he, himself, received only $1,500,00. After the employee has signed his contract, he, of course, quits his job. Then the long wait'begins. Comparatively few of these cases are tried and those that are may consume years before final disposition, during which time the nan and Ms family have no means of support. Some cafees are tried and some nen who should recover, receive verdicts, but the lion's share does not go to the nan but to hie lawyer and expert wit nesses. Many receive verdicts to which they are not entitled and, in so doing, share with their lawyers in taking bread and butter from a deserv ing brother. In by far te najority of cases either insignificant settlements are made or nothing at all is done, but in every case the employee has traded ITiRECETvED T! MEMAY/ 2. 13P PRINT TIMEMAY, Ij2:19PM U5-UZ-ZUUU 03:18pm FrOUTWILENTZ 73Z-7Z6-6ZI7 T-5Z5 P.013/013 F-779 his moans of livelihood for a mess of pottage and the employer has lost a valued workman. Therein lies a tragedy equally as great from a social viewpoint as the poor unfortunate who has Silicosis and one which is a hundred tines nore widespread. I have no recriminations for the employee who succumbs to the runner's promise of riches. He is easy prey and many times is convinced in his own nind that he is a condenned nan and prob ably (will go through life with that fear ever before him, whereas if the truth were known, he would have been a useful, happy citizen who would have lived his normal expectancy. The silicotic is rare as conpared to the legion of men wh'' have been driven from their jobs by shysters, and while we are dealing with the Silicosis problem, lot us not overlook the collateral social problem which lias arisen and let us try to find some way of protecting our employees from the parasites 1 refer to. To repeat and emphasize a thought previously expressed herein, a con sideration of the many aspects of the Silicosis problem clearly indicates that the interests therein of employees, employers and the general public proceed along parallel lines. The employers of the country can be counted upon to cooperate and whole-heartedly work with the Labor Department, with the Public Health Service, with The Bureau of Mines, with other pertinent public authorities, and with labor itself, to reach a solution of this problem along sane, constructive and effective lines. (315) ( 2:13PM [PRINT T1MEMAY, 2.1 2:19PM|