Document 7X09bB57Z7ZeeobkLwa5mDQo

FILE NAME: Railroads (RR) DATE: 1938 May 6 DOC#: RR040 DOCUMENT DESCRIPTION: Letter to Mr. Vorhees from Chief Engineer RE Respirators will Not Reduce the Railroads' Liability to Sick Employees \/ Mr. H# \ Yaorheesi 9 t Your le tt e r o f A p ril 30th, f i l e 1-332, concerning correspondence roi.-.tiug to the Illin o is Occupational Diseases - ct As you know, there 'r e sev e r a l acta in t h is catego ry , the one th at we are c h ie fly concerned with In our correspondence is known aa "The Workmen1 a Occuption nl D iseases ^ c t" . Th is act does not require the railroads to furnish respirators or other devioes to protect i t s employees' h e a lth , but i t does make the r a ilro a d li a b le in c e r ta in amounts to those em ployees who con tract o ccup ation al d is e a s e s . Furnishing / the re s p ira to rs and other d evices w ill not lirai.ante or roduoe the railro ad s* l i a b i l i t y to those employees who contract occupational d iseases, but they w ill reduce the lik e lih o o d o f the employees co n tractin g such diseases and w ill thereby reduce the lik e lih o o d o f the ra ilro a d s becoming l i a b l e . The s itu a tio n i s ju st the sane as w have with respect to s a fe ty devices and guardin'* inp.ehiner The fu r n i ailing o f s a fe ty devioes and guarding machinery does not elim in ate the r a ilr o a d ' s l i a b i l i t y to those em ployees who become in ju r e d , but i t does reduce the l i k e l i hood o f employees becoming in ju r e d . For the same reason, I f e e l that we should fu rn ish the re sp ira to rs and masks th at have been recommended so a to reduce the p o s s ib ilit y o f our employees con tractin g occupational discuses fo r which m would become lia b le under the a c t . Additional rules relatin g to the removal o f d u sts, vapors, fumes or gesea from grind in g , b u f fi . 3 ;md p o lish in g operations have been drafted and approved. Those arc set fo rth in oircular 2733, dated February 14th, 1938, 3 .M .A . f i l e 1541, and referre d to in your le t t e r to no o f February 16th, f i l e 1-832. These ru les w ill eventually take the place of the old G rin d in g , B u ffin g and r e lis h in g S a n ita tio n Act which went out o f e ffe c t on Maroh 1 s t , 1933. I do not know ju st when them:; new ru lae w ill go in to e f f e c t , but i t w ill probably be about Ju re 15th o f t h is y e a r. In the meantime, there is no law in e f f e c t r e la tin g to the r e - / noval o f d u sts, vapors, fumes or g a s e s . When the ru le s n do go in to e ffo o t we w ill have to provide the hoods and exhaust ayatena th at they re q u ire , or e ls e we w ill be v io la tin g the law* I th in k we should ir r o d la te ly provide the re sp ira to r ..aucT i n k a ..J^ o ^ m d e d " ^ ..lir , S e n if f at an estim ated 0 0 at. , o f M only 0 fr a c tio n o f what i t might coat us under the occu- pet io n s1 dlseasou act i f one o f our employees was permanent* ly disabled by s ili c o s is or anthrncosls contracted as n re su lt o f breathing dusta while in our employ. I fe e l the in s t a lla t io n o f v e n tila tin g hoods and exhaust systems nay Mr, Voorheen: Chicago, tkiy dth, 1 bo d o ferrid u n t il the law requirin'- t h e i r in u t e lla tio u sues into e f f e c t , but in the meant Acie v;e should nuke a study o f our rn^.-uireiaonts to l:rio\; vfiatvo --fill have to do to obey tao law end yet spend - niniirtum amount o f noney. Jir , oni Cf sug 'eats that via contact the General Managers' /ujoociation to determine the minimum req u ire ments, The requirem ents, I th in k , are d e f in it e ly set fo r th in G ,M ,A . c ir c u la r 2733 above referre d t o . Mi/jV