Document DGkZD6XXgdrBYEbR4bOkDGr8N

316 Tuvnty-fifth Motional Safety Congress onmimMoner in 40 Mate*; in six states the acts arc administered by the local courts. Again from the report: "The striding principle in the early acts was the award ing of compensation for accidental injury, meaning thereby traumatic injury.* (Traumatic means of or pertaining to a wound or wounds.) "In those years, the importance of disability due to occupa tional disease was not generally recog nised. It however became increasingly ai>parent that `injury* might be suffered gradually, and that the result of such gradual breaking down of the strength and resistance of the employee was more serious in many instances than traumatic injury. Courts therefore, in some states, wrestled with the problem of construing `injury* so as to Include disease and bring disease within the compensation acts.** tn one state a diseased condition is compensable under the act if caused by the negligence of the employer. Occupa tional disease is compensable, to some extent, in 16 states and the District ef Colombia: in five of these states silicosis is not included among the compensable diseases: in one state silicosis is the only occupational disease made compensable. There i* a legal obligation on the part of the employer to provide a safe place to work, and usually the matter of ventila tion is featured. The mining laws ap proach uniformity as to air quantity and as to equipment for mechanical ventila tion. Hie right, at common law, to recover tor occupational disease due to negligence of the employer, is important. In three states it has been held by the courts that the right never did exist: in three states the right is extremely doubtful; in 12 states U probably exists, although there is some doubt: in 12 other states, the right seems well settled, but is limited in eight of this group: in the remaining states and the District of Columbia, no court de cisions can be found which decide the question as to whether or not such com mon law right exists. It should again be noted that occupational disease, is com pensable re three states in this last group. "With the adoption of Occupational Disease Acts, new medical problems arise and more adequate provision is required for medical examination and treatment. THs is especially true with respect to dust diseases, which call for diagnosis by skilled specialists experienced in that field." Summation Before Employment 1. Under Compensation Acta: The Xew Mexico Act contains a provision re quiring the workman, at the time of his employment, or thereafter at the request of the employer, to submit himself to an examination. The Xew York Act of 1936, covering silicosis and other dust diseases, provides, in the opening paragraph: "It Is hereby declared to be the policy of the legislature of this state, in enact ing this article, to prohibit through every lawful means available, any requirement as a prerequisite to employment which compels an applicant for employment in any occupation coming within the pur* view of this article to undergo a medical examination." The North Carolina Act. effective March 26, HUS. contains a provision re quiring examination both prior to employ ment and from time to time during em ployment. In the compensation acts of no other states were found provisions with respect to examination prior to the time of em ployment. Z Under Other Statutes: Fire states (Louisiana. Maine. Xew Jersey. New York and Pennsylvania) have statutes requiring physical examination before an employee is permitted to work under compressed air or in caissons. Examination During Employment The five states mentioned in the pre ceding paragraph require periodic exam inations during the course of employment under compressed air or in caissons. Missouri statutes provide for examina tion. as often as once a month, by a com petent licensed and reputable physician, of all employees who come into direct contact with certain poisonous agencies or injurious processes. Three stales (Xew Jersey, Ohio and Pennsylvania) require employers to cause to be examined at least once a month, employees engaged in any work or proc ess cx|ioing them to lead dust, lead fumes or lead solutions. Metals Section 317 Examination After Qabs for Disability Arises Xo two sute acts contain identical pro visions. but in all (including the District of Columbia) that have compensation acts, there is provision for physical ex amination after claim for disability arises. In five states (Kentucky. Massachu setts. New York. North Carolina, and West Virginia), definite recognition has been given to the importance of some sort of medical board composed of spe cially qualified physicians and surgeons, and charged with the duty of diagnosing occupational disease and of advising the administrative board or commission with respect thereto. The law's of these five states are quite different and should be studied separately for details, but in each occupational disease, including silicosis, is compensable. 1 The importance of roentgenograms in any thorough physical examination for pneumoconiosis is well known. This im portance is recognised in the Acts of New Jersey. Xew York. North Carolina, and West Virginia. Medical Treatment In the 17 states (including Maryland) in which occupational disease is, to some extent, compensable, the sets usually en title the claimant to a limited amount of medical, surgical, and hospital care, meas ured in money cost or length of time covered by treatment. These points were raised in the dis cussion following the addresses: I. How much time is required for completing a training course? Mr. Davison said that the training course in iheir plant ordinarily covered a period of one and one-half years, but that some students completed K sooner. The time required depends upon the individ ual. Z Is it advisable to limit the number of students per teacher? Ten students per instructor is a good ratio. Z Which gases present the greatest harards in welding? Silicon gases are the most harmful. The risk, however, has largely been over come by manufacturers of welding sup plies. THURSDAY MORNING SESSION October 6, 1936 Metals Section Safety Contest Two hundred and two inits were reg istered in the 1936 Contest of the Metals Section. During the Contest period 267.792 employees worked 561.788,579 man-hours with an average frequency rate of 8.030. a decrease of 4 per cent from the 1935 rate of 83S4. Ninety-five units completed the Contest with a fre quency rate below the average, and ft per cent of the units finished with per fect records. Nineteen plaques and eight certificates were awarded io the Contest. The plaques were presented by John B. Gibson, Publicity Director. Hawthorne works. Western Electric Company. Chi cago, and Vice President for Community Safety Councils. National Safety Council, as follows: Steel Mills Division, Group A--Conti nental Steel Corporation. Kokomo Divi sion. Kokomo. Indians, 4.141,806 man hours. 12 injuries.