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FILE NAME: Caterpillar (CAT) DATE: 1936 Feb DOC#: CAT019 DOCUMENT DESCRIPTION: Published Journal Article - Industrial Review Occupational Diseases, Health, Comfort and Safety and Changes in Blower Act \ ^ X VS 7' INDUSTRIAL REVIEW Published by the lUinois Manufacture on 120 S. La Salle Street, Chi Vol. 9 FEBRUARY, 1936 'umber 105. Special Session o f Legislature Called to Consider Legislation Relating to Occupational Diseases, Health, Comfort and Safety and Changes in Blower A ct G o v e r n o r h o r n e r hutailed . a Third Special Session of the Illinois General Assembly which began Wednesday, February S. This session wilt run concurrently with th e first and second special sessions which now have been In progress tor several weeks. Item s to be considered la this Third Special Session which are of Impor tance to industry relate to bills provide. . log for remedies In occupational dis ease situation; legislation relating to health, comfort and safety; and meas ures m aking. certain changes In the Illinois Blower A ct A digest o f.th e ' principal provisions of these several bills U subjoined. Copies ol an y or a ll of these measures wlU be sent to members upon request to our Chicago o r Springfield offices. I t has not been feasible lo r the Association to send copies of these measures to members . a t an earlier date because the blits w ere not In form for submission to the Illinois Legislative Reference Bur reau a t Springfield until late Tuesday evening; February 4th. As a matter oi fact, It Is probable that some changes will still be made by the Legislative -Reference Bureau before the bills are finally submitted to the legislature. However, as Indicated above, copies of the bills as'submitted to the Legis lative Reference Bureau will be lent to our members upon request These measures are the result o f ex tended consideration of this entire subject matter by the Occupational Diseases Committee of the'Association under the chairmanship of O. L M o u n t This committee was appointed by fin President of the Association early In 1033 to study the occupational dlteasei problem with a view to deter mining what remedial legislation waa necessary In the state to bring about an equitable and practical system gov erning the rights, duties amt liabilities o f employers, employees and insurance carriers with respect to such diseases. A t the time the committee wee ap pointed. employers In the state were being flooded with damage suits, most o f which were predicated on silicosis, asbestosls, and a .variety of real and fancied lung .afflictions. Some of these suits were meritorious, but to a huge extent they were stirred up and'solic ited by ambulance chasers for unethical lawyers who, with the old of doctors of uke ilk; developed what tor a time L egislative Situation at . Springfield There are now three special sessions of the Illinois General Assembly runlug concurrently. T he first special session covers the subjects of old sge p e n s i o n s , unemployment Insurance, etc. The second session relates to un employment relief, end the third, which has Just been called by the Cov entor; covers the subject of occupa tional disease legislation, and several other Items which ar not of direct importance to Industry. The status of the unemployment In surance legislation remains unchanged. An unsuccessful effort was made to pass this measure fat the Slate Senate on January T tk Insufficient voles were secured. Senator Lee, sponsor of tho b ill'la the Senate, secured the consent of tho Senate to postpone con sideration of tho MIL Therefore, he is In position' where he can call the bill up a t any tima for reconsideration. A companion bill Is on second reading In the Houae of Representatives.--it is In position whsra it could be ad vanced'at any time. The Association it carefully watching this legislation and will promptly advise Ht atemben in event any further efforts to coict the measures into taw are made. T he eubject of occupational disease legislation la treated elsewhere In this IllSUfi T he Association Is represented at Springfield a t all sessions of the legis lature by Allan T. Gordon, Director of our Legislative Bureau, and other members of our staff. Detailed Infor mation regarding any measures pend ing a t Springfield can be secured by communicating with our Chicago or Springfield oflicea. waa a flourishing racket The imeth-.' leal lawyer* and doctors, and not the: employees themselves, profited from these suits. The committee has devoted ita activ ities exclusively to the development of-' adequate usd comprehensive occupa tional-disease legislation'for the state, sa d It has actively and conscientiously continued Its efforts to this desirable end during the past year. It b** had the whole-hearted cooperation of mem. bar companies of the Association, which companies have placed a t the disposal of the committee the services o f legal, medical, engineering and lay member* o f their organisations. I t h u also received the cooperation and as sistance of a number oi the most out. standing .legal, medical and lay au thorities on the subject of occupational diseases In this country. ; Measures Carefully Stuffied Careful study and consideration h u been given to occupational diseases acts which have been enacted b y vari ous states in this country ta d by for eign countries; ta d in our study- of theta various tela especial effort* nave been m a d e . to determine what h u proven utlsfactory in actual operation from the standpoint of both employers and employees. A t w on as the first drift of a pro posed act v u apnroved'by the com mittee, a copy -of such m eunre w u delivered to the representatives of la bor for their consideration. W e hoped that an agreed bill might be develops and introduced at the 1333 regular ses sion of the Illinois General Assembly. T he representatives of labor, however, Introduced their own bill, which action placed us under the necessity of intro ducing ou r b ill Both bills.w ere re ferred to the Boose Judiciary Com mute; and by that committee In turn to a special sub-committee. T he sub committee conducted many hearings. Shortly before the end of the regular session, the IDIneit Director of Labor rcooested representatives of employers and labor to confer in i n effort to de velop ah agreed MIL T he widely di vergent views of the two groups rca- PLRASB PASS TUTS BULLETIN DOWN THE EXECUTIVE LINE SC -lT-50 arias out of the employmerft, oiJy il there ia apparent to the rational mind upon consideration of all the circumstance*, a direct causal con nection b e t w e e n the condition! ' under which the work U performed u d the occupational disease, and which .can be aeen to have followed aa n natural incident of the work aa a rem it of the exposure oeca* - aioacd by the nature e t the employ s u n t and which can be (airly traced to the employment aa the proximate cause, and which doe* not come irom a hazard to which workmen 'would have been equally exposed outride of the employment. The du c u e m u lt be incidental to the character of the builnes and not independent of the relation of em ployer and employee. The disease need not to have been loresten or expected but alter its contraction It m ust appear to have bad ha origin 'in a r u k connected with the em ploym ent and to have bowed from that source aa a rational cornsquence." T he Bill defines disablement 1 1 fol lows: " 'Disablement' means the event ol becoming dlaahled'iroa earning full wages a t the work in which the cm. ployed was engaged when last eJP posed to the hazards .of the occupa tional dise u e by the em ploy from whom he claims compensation, or equal wages in other suitable em -ployment: and 'disability*- means the state of being so incapacitated.'* T he BUI further provides that no com penution shall be payable for oc cupational diseases u n leu disablement occurs within one year after the b it day of the l u t exposure to the haz ards el the disease, except, in. u se s of occupational diseases caused b y the inhalation of silica dust or ubesios d u t , and la such cu es within three years after th e b a t day of the bat exposure. ' T he BiU further provides that the' employer Uablc for compensation shall he the employer in whose employment the employe was l u t exposed to the hazard of the occupational disease claimed upon regardleu o f the' length of lime of such l u t exposure, except that In the c u e s of etlicoab aod ubestoels, the expoaure during a period ol l u s than sixty (SO) days after the ef fective date o f the Act shall not be deemed a l u t exposure. The provisions relating to amounts ol compensation, and to procedure are incorporated in the BUI in the tame language, and by the same section numbers, u they are contained In the I l l i n o i s W orkmen's Compenution A ct The BID, if enacted, shall take effect on October 1, U J h and ahail be ad ministered by the Industrial Commis sion. H ealth and Safety BUI 3. T he second Bill U the Health and Safety Bill. This Bill vests In the Industrial Commission th e power to make rea sonable rules to provide reasonable protection to the lives, bcelth and safcly.of employes. PLEASE PASS Tbe power of the Industrial Com mission to make rules b limited to the following purpose!: (a) T he' proper sanitation and ven tilation of all places of employment to guard against personal Injuries and tnyraiTt. to ; The arrangement and guarding oi. machinery and the storing ana pmesag or personal property to goaru against personal injuries ana oueases. tc ; sue prevention oi personal usyo.su ana uwcascs ey contact wiui uy pwsuuusu os aclesarioua uuuensM, uusis, vapors, gases or luinca. \u ; sue psuvenpon or personal in- juiscs euu u s u i e s causa, iy u p v a lue tv sutiuciai asususpuersc pressure. reuses ur ins m ans trial s.siiinuaiuu auupteu so urn manner provwcu in use will uuui nave use lores anu alien vs saw. T u t hill would apply to ail em ployers engagea in any occupation, vqsincu or suuerpnse in me auue, ex cept farmers anu other* engtsgeu sis .a. suing, ullage ol use sou, or su c a sawing, ana w coal m uipg. m e ru iu aoopted oy toe industrial L-ommieuon m ust oe tear, piam ano nitcuigioic, and m ust oe isnuurm anu generas in to u r application, m e Util proviaen tnat u snail not oc construcu u granting tne indus trial taOmmuuon Use power to maxe 'Uy Tule which will require toe sub-miaiion ot any p u n , specincations, or Diner uuorznauon concenpng any pro posed installation, alteration, construc tion, apparatus or equipment, or in auy manner regulate w e hours o la nar or any employee in the h a te , she Bui t e a sortn tne procedure for tne adoption ol rules by tne inaus- irwl Commission. m e commission may either Institute proceeding! on its own initiative by a resolution, or upon petition signed by uve employee o r live employers m a' speclnea industry. Tbe Commission shall set a date for a public bearing n ot lesa than thirty days, nor more than ninety days, alter the date of tbe passage ot tbe resolu tion by the Commission, or the tiling of the petition. Notice of the hearing must be given at least thirty days prior to tbe date of hearing, by publication in a news paper ol general circulation and by mailing notice to auy employer and to any association of employers or of employes who have filed their names and addresses with the Industrial Com mission requesting notice ol such hearing*. Any Interested party may submit evidence i t the bearing. Upon the conclusion of the hearing, the Industrial Commbiion shall enter its derision in writing and send a copy of the derision to the interested par ties whose names are on file with the Commission, and a certified copy of the decision shall be filed with the Secretary of State. Within thirty day* after the entry of the derision, the Industrial Commis sion may correct, modify or vacate the decision, rule or rules, and any person affected by the decision may object in writing, stating the specific grounds of his objection. Any person effected by the dedsloo. whether he participated in tbe pro- ; cecdinge or not, may file n praedpe. for n writ of certiorari in the Circwt or Superior Court of the County in which the subject-matter qf tbe hear- lug is situated, lor review 'ol the rea sonableness or lawfulness of the dc- ' ciilon or roles. The Circuit or Superior Court may confirm o r reverse the derision oi the . Commission as a whole, or may reverse and remand It u a whole, o r may con- turn part and reverse and remand part of the decision. An appeal from the order of the Circuit or Superior Court may be taken to the Supreme Court within forty- bve days, except as to the portions of the decision which ore remanded by the Circuit or Superior Court, The Industrial Commission may fix the date that rales or decisions ' adopted by it shall become effective, provided tnat no such decision, rale or rules shall become effective until ninety days after entry by the Industrial Com mission, nor shall they he effective during the pendency of any proceeding for review or appeal and upon ter mination of appeal, no dedtlou, rule'or rules shall become effective until a period of time has elapsed alter the nling of the Court's Mandate cquaito the period of tim e originally fixed by the Commission. The Industrial Commbslon is re quired to keep a full and complete rec ord of all proceedings, and at least once a year shall publish ia printed form atl of tbe rules in full fores and effect a t the time of the publication. The enforcement of the rules is vested in the Department of Labor, with tbe proviso that the Industrial' Commission shall n o t take any part in their eniorcement. The Department ol Labor is given power to inspect places of employ ment affected by rules, aubjeet to a proviso that whenever any secret proc esses arc used, the owner (hall furnish an affidavit that he has complied with alt effective rules, which affidavit shall bo' accepted in Ueu of Inspection. T he BUI provides that the Depart ment of Labor hail give proper notice in regard to any violation of the Act, and any person who Jails or neglects to comply with any rules adopted by the Commission after due notice w given, Is guilty of a misdemeanor and subject to fine. This BIU providca for repeal oi the Health, Safely and Comfort Act, to Lake'effect July i , istT , and for the repeal of Section i of the to-called Basement Blower law. to take effect October 1, ISM. The BUI contains nn emergency clause, and is Intended to take effect immediately upon Its passage. ' 8.' A Bill to amend Section* T, 14, and is of tbe W orkmen's Compensa tion Act, Tbe amendment to Section 7 it a re sult of the decision of the Supreme Court in the Mowcaqua Coal Company case. 360 111. 1P4, and adds tbe follow ing language to the lection: ' "Whenever four times the average annoal earning of the deceased em ploye a t provided In paragraph (a) ol this Section amounts to Tour thou sand dollars and not more than four thousand four hundred dollars and THIS BULLETIN DOH'N TNE EXECUTIVE LINE 3  * Silia deceased employe leit survfviug above represented the interests of our W. E. Long, Sterling Mfrs,' & Ship him one child under the M t of six- members In connection with the prep pers' Assn., Sterling, I1L teen y e a n the mount payable *hU aration of the above measures, a re ; G. Robert Galloway, Chamber of be four thouiand four hundred dol Commerce of Waukegan, Wauke lars. OCCUPATIONAL DISEASES gan, HL, North Chicago, I1L "Whenever four times the average O. E . Mount, Chairman, American C. L. Blatchford, National Metal annual earnings of ihc deceased em Steel Foundries. Trades Association, Chicago, IIL ploye as provided .In paragraph (a; ol this Section amounts to tour thou L. K. Ayres, Vice-chairman, George H. D. Sayre, National Metal Trades Assn. sand dollars and not more than four S. Mcpbam Corp. Allan T. Gordon, Springfield, IlL thousand seven hundred dollars and ifem btn--Geurrui the deceased employe left surviving him two children under the.age 01 J. K. Allen, International Harvester SUB-COMMITTEE MSMBSSS sixteen years the amount payable Co. T he members of the sub-committee; shall be lour thousand -seven hun DwVoHndaIlUd BMlIaWkwes, BDliamkee MAfioOnnummilCenIltl C^ yo,. . w**he-ovr, w duwreitnwg^ th hue jprvesrnionda onofn oseuvvuesroael dred dollars. E. Bernstein, Caterpillar Tractor Co. -)flr montlu, carried on the negotbtSoa* "Whenever four times the average Major R. A. BuU, Slvyer Steel C ast-4^ d 'h e detailed m r k associated with annual earnings of the deceased em Ings Co. the drafting of Die billig a r t; .0 . E . Mount, Chairmen; J. L Early-trine, T. ploye as provided in psragraph (a) of this Section amounts to tour thou W. E. Crocombe, American Mangan ese Steel Co. G. Esungton, Waiter E. Beebe, Dr. J, sand dollars and not more than five A. M. Davit, International Silica Co. K. Chivers, Dr. C O, Sappington and . thousand dollara and the deceased employe left surviving him three or J. S. Dempsey, Bada Company. Ur. E. O. Jones.. Messrs. David R. Clarke and John more children under the age of six Elam, American Steel Foundries. Harrington of the firm of Fyffs and teen year* the amount payable shall be five thousand dollars." Walter Evensen. Crane Co. Clarke, General Counsel lor the Asso ciation, also psrtidpatcd in the work Apdrew J. F e>recmL A. E. S uley Ufg. of the sub-committee a* well as At-, T bs amendment to Section la adds CoC torncy Frank R. Peregrine, an author the words "or assistant secretary" m H. C Thornton, Ottawa SiUca Co. ity upon Workmen's Compensation connection with certain duties con R. E. UcEwea, W eitern Electric legislation who waa retained ae spe ferred on the Secretary of the Com- Co. cial counsel by the Occupational Dis mittloo. A. Warsaw Wedron SlUea Co. eases Committee to assist in the draft The amendmeat.to Section i s la for tha purpose of taking care of the sit iitm btrt--Ljgai ing of such measures. This activity on behalf of the mem uation which might arise where a David R. Clarke Fyffo & Clarke, At* bers of the Association has Involved a , claim s nt misconceives his remedy, and tornw a very substantial expenditure of time, files his claim under the Occupational J, L- Harlywine, Counsel Illinois Steel energy and funds. I t is tbs conviction Disease Act when he should have filed Cow of a i r of those who have carefully fol under the Compensation Act. or where A. C. H irth, Counsel, Owens-Illinois lowed the p rances oi the work that he filch under the Compensation Act Glass Co. these groups have rendered a genu when he should have filed under the Occupational Disease Act. The amend iltto b trt--Mtdfiat inely valuable service to the employer* ment provides that in such event the Dr. J.. A. Britton, Supervisor of Med of Illinois. spoilcation may be amended to assert ical Service, International Harvester claim (or disability or death under the Co. , South American Trade roper Act. end shall be deemed to Dr. I. R. DeMotte, Chief Surgeon, Noah Van Cleef, of Van Clcef Brae, ave been so filed as emended on the Pullman-Standard Car Ufg. Co. manufacturer* of molded robber prod date of the original filing, and such compensation shall be awarded as is Dr. A. M. Harvey, Chief Surgeon, ucts who recently returned from an warranted by all of the evidence. Crane Co. Dr. J. H . Chivers, Personnel Director, extensive trip thro u g h ' South Amer ica for the purpose ol extending the 4. A Bill to amend Section 44 .of the Act in relation to the Civil Admin Crane Co. trade of his office, says that goods istration of the State government to Dr. C. O. Sappington, Consulting In dustrial Hygienist. manufactured in the United States en joy wide acceptance In South Amer- ' authorise the Department of Labor through tha Industrial Commission to ILLIN O IS INDUSTRIAL ics.' In many cases North American administer the Health and Safety Act and the Workmen's Occupational Dis COUNCIL manufacturers' have found It a decided ales advantage to ship their products . eases A ct . . Rosa Bowles, President, East Side As- bearing the tam e labels and markings t . T his Is a Bin to compel the us ' sedated Industries, East S t Louis, . as are used in their domestic trans ing of exhaust systems for removing IlL actions. The avenge South.American dust and dirt from grinding, polish J. L. Walker. Vice-President, Fox considers tha North American o r to a ing and buffing operations, repealing River VaUey Manufacturers' Assn.. a trade mark or guarantee ol excel the present Blower Law, and eon- Aurora, IU. lence. paining an emergency clause. L. E. Roark, Peoria Manufacturers' Sc M r. Van Cleef in an article In the T he BIU Is to remain In effect until Merchants Assn* Peoria. IlL Chicago Credit News pointed oat that July 1st, 1 W , by which time it Is e o n -. * M. H . Ward, Alloa Diatrict Mannfae- s handicap to the American exporter templatcd that the Industrial Com mission wiU have adopted rules cover- turera' A ssn, Alton, IlL Richard W . Gass, Acting Secy, Belle Is the discrimination in the rate of ex change against the United States la Ing. the subject-matter. ville Chamber of Commerce, Belle favor of other nations. This is a BUI which .waa draw n by ville, IlL R. I, Pierce, Mfrs.' Assn, of Chicago a Sub-Committee of the Occupational Heights, Chicago Heights, IIL The Interstate Commerce Commis DUcmci Committee of the IUinon Henry B ob, Decatur Association of sion has postponed a verdict in Its M tnuiactuw V AuocUtSon, and wa# Introduced la the LegliU tarc a t the Commerce, Decatur, IU. study ol passenger fares. Some ICC officials forecast that In the near fa- Isst General Session. M. H . W ard, East Side Manufacturers A n a , Granite City. I ll . ture railroads will begin charging as I t was drawn by engineers, and R. W. Jones, WW County Manufac little a* g cent* a mile tor day coach contains detailed and scientific re turer* Assn., JofieL III. _ and I cents a mile for Pullman coach quirements to replace the present anti N. J . Zlener, Mgr., Kankakee Cham rides. quated Blower Law. ber'of Commerce, Kankakee, III Efficient Committee Service O. M . Benson, Illinois Valley Manu Hour Corporation taxes fall on the facturers' Club, LaSalle, IIL Investor Is indicated by tom e pertinent The Members of the Occupational E. C Xander. Tri-City M ira/ Associ data In the January issue of Investor Diseases Committee of the Associa ation, Moline, IIL America, published monthly by the tion and of the Illinois Industrial C. S. Bather, Rockford Mfra.' & Ship American Federation ol Investors, at Council, which grpups as indicated pers' A ssn, Rockford, IIL Chicago. PLEASE PASS THIS BULLETIN DOWN THE EXECUTIVE UNE