Document OXJ69ExEy5VxxVQVL5Xp65vM
FILE NAME Manville JMA
DATE 1942 DOC JMA386
DOCUMENT DESCRIPTION Legislation - Walsh Act
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HEALEY se
AJ100482171 AJ100482171 AJ100482171
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1942
1942
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UNITED STATES DEPARTMENT OF LABOR FRANCES PERKINS Secratory
_
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HEALEY
PUBLIC CONTRACTS ACT Public Na B Neventy fourth Congress
ApproJv unee3d0 200 49 P4 ant 2006 1 ( tit 4leeen B85,
DATE DUE
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1 263-4500
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^ UNITED STATEN CUTERIAIN PRINTING OFFNE
FASB votus 5 1947
ADVISORY COMMITTEE ON SAFETY AND HEALTH REQUIREMENTS UNDER THE HEALEY PUBLIC CONTRACTS ACT
V. A. Zum Chairman Director Division of Labor Standards
U. 8. Department of Labor Washington
CYL ADewars American Y.
D. Amociation New York
P.
Jon FIT Industrial Federation
Medison
Textile Workers Governmental Governmtal America International M. W.
New York
Hygiene State
Department J. W. DepartmenCtaosfeLaLbaoborrDiMetrvopoliitansYioYrkoonrokfNOI. cncsuupraatnicoenaClo. New York
GRANAN
H. L. Mom Safety Wilmington Wilmington Protection Division E. I. Du Pont de
W. R. WATER
Com-
Spray Divisi Marshall Field and Mannfacturing METCALFE L.
WA Administrator Conot f Pr ubla ic c Cont tras cts
U. 8. Department of Labor WashingtD.onC
eer
CONTENTS
Bectos
By Section
luster Kamilton and Fangetwey Karm .....
11. 11. 11. PrietamWnea PlaCES AND YARDS
III Fine Peration AND PROTEKTAH
JY NomakuEPING MATUMIAL STRIGADO And Hardling ...Mac Grannews .
VI MAINTENture and Rurum
wasevnc-& VII
van IX x X1
Eve Provactio Baws En Ponvidia Press Darren Toola
tsi
Nratime VRATILATION AND ArumpuC CONTAMINATIONS CONTAMINATIONS
XII ITATION Peaminis Sausiet Constwizures and Darsaiso
Barus
2
XIII leat **
" "
XIV Fimet Ars FactuSTTON
~~
EXCERPTS FROM RULINGS AND INTERPRETATIONS NO 2 OF THE HEALEY PUBLIC CONTRACTS ACT RELATING TO THE SUBJECT
OF SAFETY HEALTH AND FIRE PREVENTION
Section SAFETY AND HEALTH
* Insanitary Hazardous and Dangerous Conditions -No part of such contract may be performed nor will any of the
materials supplies articles or equipment to be manufactured or
furnished under said contract be manufactured or fabricated in
any plants factories buildings or surrounding or under working conditions which are umanitary or hazarikum or dangerous to the health and safety of employees engaged in the performance of said
contract Art section | e
2. Compliance With State Inspection Laws Compliance with the safety sanitary and factors inquction laws
the State in which the work or part thereof is to be performed performed is
prima facie evidence of compliance with this section 1 e sub sertion Act section tel
Rection ENFORCEMENT METHODS
1. Cancellation of Contracts
Any herach or vinlatim of any of the representations and stipn~-
lations in any contract for the purjones set forth in section 1 hereof
shall render the party requirouble therefor liable to the United
Ameor f Ai mec ria ca for liquidated damage * ' * and in additiothne
agency of the United States entering the much contract shall have
the right to cancel same and to malte market purchases or ente nto other contracts for the completion of the original contract charging any additional casts to the original contractor The Act
sertion 2
2. Complaints
Whenever any officer ne employee of the United States Govern-
ment or of any agency thereof has any know jedge of or receives any
complaint with respect to a brunch or violation of the stipulations required under article 1 he shall transmit such complaint according
*- to the usual practice in his department to the Department of Labor
(*)
vi
together with such other information as he has in his poemaskine Regulations article 1909
Any employer employee labor or trade organization or other~-
interested person or organization may report a breach or violation or apparent breach or violation of the Act or of any of the rules
or regulations prescribed thereunder
8. IneligiLbilnet
The SecrofeLt atear r undyer the statute forwards a list in the
Comptroller General for distribution to all agencies of the United
Staten routaining the namm of permes s^Aruas found by the Secre tary of Labur to have breached any of the agreements or representa-
tions required by this Art l'alem the Horretary of Labor other
wee recummenrda, mu attracts shall be awarded tes such pernamE EN
firms or to any firm corporation partnership or aviation in
whirh suchslapied
the date have a controlling interest until 3 year
have
from the date the Horretary of Labor determines sach
, breac slapied have served The Act tion &
I5f an
who testified at a hearing in matter of alleged |
olatioonfsthe provision of the Public Contracts Art is die
criminated against or refund employment after work bearing the
* fort will weigh heavily in the resideration whether or not the
of Laber will intervene in prevent the upweation of section
3 of the Public Contracts Art which under the entry so pre
vents automatically makes the contractor who has been found to
have breachunt the mantract ineligible te vite Imernet con
tracta for a pernel of 1 years
%, N
:
FOREWORD
The basic safety and health requirements as contained herein are
Watch Healey presented for the purpose of implementing the safety and health
provisions of the
Public Contracts Act as
the preceding pages and to serve as guide to substantial cqoumoptleidano cn e
with the Act
It is not intended that these requirements shall in
sede or
any way woper
supplent existing State laws cudes or standards dealing with
safety and health conditions for workers
The variety and scope of existing State laws codes and standards
applying to numeruus steri^ e industries operations and
indicates why it as impossible to cover all types of employmperonctesesxe-s
posures effectively in a single code Of necessity therefore minute
quirements It is expected that employers subject to the Weish Public Contracts Act will comply with such State regulation
not specifically enumerated or at out in this art of general
requirements The following requirements are a minimum of safe and heal ful
working sonditines and effort that industry shall provide for workers They are fundamental to safe and sanitary working conditions and core matters which apply and relate in all industrial plants irrespective of type and location Industrial manpower is today
' cut emmertia rasource of the Nation and any wastage of Inhor
impedes maximum National production and menaces the security of the country Accordingly there is need for extraordinary preesutions to enhan the productive manpower of the Nation
1. METCALFE Ware Administrator
On,
4
SECTION I
oo
FREQUENCY RATES
ployer and frequency rate Injury frequency rates shall be calculqauatrteerdly the an a
maintained on file at all times The
on
To obtain the frequency rate multiply by 1,000,000 the total num
whee
aa ara wy,
MAN HOM OF EXTOS bours of exposure shall be the total hours actually worked by all employees
American Rafety Gromder^'e a.ppened in AKA
ExampA l plae nt which employs an average of 300 employe
who work 40 hours each week has @ disabling injuries during a
^ 188,000 quarter 300 emplo^ye40e.osur work 12 weeks 136,000 man-
heure worked fezpommi & dimbling 1,001,0000, ,000 0 00 oe 19.88 the frequency rate for the quarter
ievti Gprvte!Bulletin Na 4 Industrial Injury Frequmary Ratna may be
ebtntaed trem the Division of be made D. B. Department of Later . Wate2, 0
|
:*
6 Gener buildings the premiss thereof and the plumbing
sha shall l atlall times be hept in amfe and maitary condition and
inproper repair The buildings and all structureansd
towers balconies runways platforme platforme be structurally
7
-
mfe and sound to prevent any
for carrying Soor loads shall be
puncibility of
in accordance
cullapur Provision
with accepted good
b Floor Temporary or permanent openings in Soors
wells :!
pits rats etc. shall be incloed by suitable guard rails
unless otherwise adequately protected by covers
e Stairs stairways shall be on constructed and maintained
_ as to permit their use witha reasonable degree of safety Treads
shall be uniform in width and risers uniform in height All stair-
ways shall be lighted adequately All stains shall be equipped with
substantial hand rails firmly fixed or supported Ber Sec XIII
+ _
Illumination
- d Guard rails Adequate and substantial guard rails with in-
"*
termediate rails shall be and platforms on which
for provided
persons are
rreqeuirqeduiorveedrhteoadstwaanldlosr
rwuanlwkaiyns
.
_ perforofmtha eirndc utiees The boards should be installed at stair-
platforms
.. e Floors shall be hept clean and orderly free from - ecromulatioofnosil and grew and other slippery ingredients and
free from holes splinters nails and other projections or obstructiona
which might injure workmen Floor surfaces shall be su^ ciently
even to provide for ue ue walking and the safe trucking of materials
1 Elevators kaints passenger and freight and hoistwaye m
All elevators and hoista elevatne openings hoistways hatchways and
holm and the machinery or mechanised equipment connected connected
with them shall be so constructed maintained guarded equip ed
and operated as to be safe for all persons
9 Yards should be properly surfaced drained and
lighted to provide safety in traversing came and in the handling of
material and equipment according to the extent the yard is used for
vit. Ditches guarded stu ponds and warten pincue of a bazarkitas nature
an Ditches Ditches guarded effectively or warning signe shall utilized SECTION III
, FIRE PREVENTION AND PROTECTION
gle) fi from
All buildsihngalinlwhich
F
on from Build SRY porawr
be provided with . sgute for proper waysof age acomodated an of cape from re muf
oe
me
AE dding ways persons accommodated cape amembled within 1: done dding Back ways of agrum shall be hept free frum nhetr^e
:
"with
done and in gooil repair and ready for me at all times Compliance
the American Standard Building Exits Code developed by the
3
National Fire Protecti A. sation and approved by the Americani Standards Association in acceptable
All buildings or establishments of two or more stories in height
shall be provided with more than one way of egrem or escape from
fire said ways of egress being so located and in ruch positions as
in prevent the trapping of persons in the room or building Such ways of egrem may lead to adequately constructed and properly maintained fire earsjes on the nutside of the building or to inside
stairways provided with proper hand rails and satisfactory for
omergnry ume Such airways should preferably in fireproof mind lead directly to the outside at grade level All exit doors shall swing
in the direction of exit and shall open in such a manner as not to
admirat pamageways or corridors used as way of egress and ewr^ e from fire or panic No chairs or seats fixtures chutes materials or
All exit doors jeopardine windows used as equipment shall block or in any jeopardine the use of ways and means
provided for egre
means of
-
grow in cam of Bre or panic shall be so arranged as to be always ; readily opened from the inside Lacks on doors and windows if :
provided shall not require the egrem of a key to operate intsheiindsie de
All exits or men of egrem as above specified plabeiplnailnlyy
considered shall safe provided where needed deugnated or marked by compous signs or lights identify the
me of rape Directional Directional
adequate
Are ouage and are wn scraptable as such.
b Pire ratinguishing equipmentPuitable type
and |
standpipe hose hand fire extinguishers mand water barrels and pails or
other shall be effectively suitable hand fire extingumbing equipment
other:
mounted and maintained Extinguishing equipment shall be
fire spected frequently an as to be ready for use immediate incase of
The employer shall we that we individual trained in the correct
woef Are extinguishing nips are present during all periods | and shifts of plant operation New Dec. X Electrical equipment /
Aisles trading to and arves in front of all Bre extinguishing equip
unobstructed unobstructed ment shall be open at all times free and clear and
by
material stock and equipment of any kind
c Scrap and debris rantainer
pAufficient number of metal on
and fire resisting containers with proper covers shall be provided
#rategically lowated about the plant for disqwwal of flammable
flammable sorap
waste and debris The content shalkbe rensored at regular intervals
as necessary
d Alarm system Adequate thane for promptly and quickly turning in fire alarm shall be provided Adequate menus for noti
fying the occupants of the plant in cam of fire shall also be provided
4
SECTION IV
HOUSEKEEPING HOUSEKEEPINGHMAANTDELRIINAGL STORAGE AND
e Ailes width of siries shall be
required tralle without
ample to accommodate
of
congestion or interference Amies Amies shall be
. bkeeptkepftreeclean launmde cmhaeteerroifalosbsatnrducotbijeocntss and their floor surface shall
- b Waste disposal.-
_;, juction and disposaldispoosafl.- Provisions Provisions shall be made for the orderly not
adequate provisions shall besmcardaepfdorebtrhiesdeimsppotsyalbobottlestploeismsmteensSpSepecciiaall
c druidence of congration and material used in
flammable material shall be stored and handled plosive and highlyElectricalElectrical explosion with provimines for fety mited to the material
of its mae, Arremulation of dent
and the conditions
not be permitted
pronting
Proper precautions
explosion hazards shall
with morage of materials
shall be taken in connection connection
Komune in which there which may entam apmetaneous cambiam connection
gasex or vapors shall havmeay be explaise cutcrnisations of dunt
equipment exclusively in explosion proof electrical fixture and
Code and National
accordance with the National Electrical
Safety Standards Ammoriation
Safety Code approved by the AmTKEN
vole,
PS oe
i
SECTION V
MACHINE GUARDING
a Stram boilers and pressure reas Mitram
boilers and cute trails shall be operated in afe manner and maintainedpirnesa
safe condition Compliance with the Power Boiler Code the
of American Society of Mechanical Engineers is acceptable Boilers
and pressure resele shall be inqucted at least annually by certified majestors majestors and satisfactory evidence of their safe condition shall be sectired and mamtained Certified inpections by state or insurance
Itisfaction Itisfaction company inspectors are acceptabile In states shery shery certified state
is not available msquection by other qualified insuquet n shall be acceptable
b Prime mown All engines motors etc shall be installed
maintained guarded and m operated as to provide safety so thone
operating and exposed to the hazards of same wheel shafting clutches couplings keyway
All belts pulleys
,
keyway MA
exposed to hazardous contact shall be guanimi
machinery c Point tranmission
lower tradision ma
chinery such nu shafting clutches coupling pulleys belts gears
sprockets chains tools hoists and other mechanism or mechanical
contrivance of a dangerous or heardous nature shall be maintained
safe and be in a
condition shall adequately and effectively guarded
All . d Other machinery machinery and mechanical contrivances
parta constitute hard to the operator or others expound to the machines jointers such as lathes shears planers punch press ws grinders milling milling
in a safe
stc shall be installed and continually mintamal mintamal
ticable
condition effectively
at the
and
adequately
guarded
so
far
as prae-
point of operation and at all points where moving
a
hazards of the schine The arrangement and construction of ma-
cthaikneenry and exposure of employees to the hazards thereof shall be into account when determining what constitutes adequate
Compliance with applicable safety standards approved by the
American Standards Association is acceptable for guarding power
Fo
SECTION VI
a
MAINTENANCE AND REPAIRS
.
Plant All + a
equipment plant equipment mechanical and
rime shall be maintained in a safe condition
other-
a ;
" .
E
Earinetven
seremuterd
Petes of aprrotten
end tertetes core
teanen that
atten patos
petal at
as war
whirk curring.
ors bed
shaping
to tes
coretroerinnge
a
4
6
b Maintenance and repair work maintenance and repair
work shall be planned and laid out to provide adequate infety as to methoxis and as to the particular conditions involved Adequate repair equipment such as arafulla touls rigging tackle ladders
extension cords
dition for
etc.
shall
be
provided
as
needed
shall
be in
safe
con-
use and shall be adequately guarded where nerwery to
protect the employee from bazards and otherwise safeguard him
against the dangers involved
Portable maintenance equipment points where workmen must gu to oil and
make repair shall be provided and maintained maintgairneedase equipment ar to
d
ladders ste usaw horum etc. shall be of infe design and of projwe tyjm for the m
intended and shall be regularly inspected to inmure priquer math
tenance in fe condition at all time
SECTION VII
EYE PROTECTION
It shall be the duty of the employer to provide each employer without rust to the employee proper type giggles spectacles face
shields or other effective suitable protective equipment to be used
by the emphyse to protect his eyes or face when engaged in opers
tions or exposed to beaurds subjecting him to firing objects dos
_ corrmive liquids harmful rays or other substanes or condition
injurious to the eyes or face Protective equipment conforming to
thethe Rafety Carle for Head and Eye Protection AmericanAmerican Standards Aition is acceptable
SECTION VIII
a Wolding and
AdAdequate eqAduequaattetyepe luns properly mounted
in goggles helmetsface shields or otherwise to protect the eyes and
fq uipms Promer () Protective nt
fur use around equipment Proper Proper type fre fighting equipment
Protective Protective equipment devices
type fire fighting fighting equipment equipment
around electrical electrical devices providet locations readily readily evs)
accessible arves
extensive electrical electrical devices control control
containing equipment equipment shall be maintained umable
apparatus
umable
condition and employees shall and other
mrnt mats gloves blankets and
perenne) protective equip
Rubber Rubber mats protection
other personal protective equip
protection workers against against
nevewary for protection maintained safe user
shall be provided provisions
. Electrical Code
provisions the National National
Safety acceptable
HEATING, SECTION X ATMOSPHERIC
VENTILATION
(e) CONTAMINATION CONTAMINATION
Fratilation Fratilation -
Pooms. buildings places places em .
work rooms buildings ventilation
Special
workers workers shall reduced
by
reduced other materials from
local exhaust prevent prevent harmful Where this is passing through
breathing breathing some producing the harmful
impracticable the
operation operation process process
contaminanta shall be
enclosed enclosed isolated
producing contamination of the work room The
be
operator
others
prevent others
prevent enter
the
enclund
or
imilated
area
shall
be provided respirraetqourisreodr tmoawsekasr wmhuietnable type S. Burven of
expowd to the harmful
contaminants contaminants respiratory equipment All
Pe protective equipment respiratory respiratory be of equipment approvedpbeyrstohneal8r. espiratory Bureau
SANITATION, SECTION XII
PERSONAL
SERVICE
CONVENIENCES
CONVENIENCES
drinking drinking drinking
shall shall facilitation Every place place
vided vided
adequate adequate
employment privies privies
closets chemical
sep
following following table which
(OM
Where arrangement arangemnt construction specify rooms
Public Contracts Act
the following table shall Where: state laws do not cover the subject
Number of perenne;
Satmon
by wes tnd
te @ .
Semi
|.
an
n
bee
Over 100
as. shall 1 for fork additimaal 29 perms
Chemical charts and privies shall not be permitted except where
ey.
Le
Rim
BE
11 Xin SECTION
exception exception conditions conditions
the number number employees me that
to individual some
is available during duty periods employer shifts of plant during
operation who
of
has trained all periods capable administering has been trained periods capable carrier in
first aid and
emergencies
connection with accidents
injuries workers worries worries shall facilities facilities and worries not
be
used
only
for
the
intended
in any way take the place of -
provided provided and located employed employed screened adequate adequate provide necessary be
views and other
emergency emergency
facilities
posted
in
conspicuous
location
and
be employed cots in
manner
adequate provide shall necessary
12
Refright All
wdae of Lighting Factoriva Mills
AIZ Rafety tube for Finer
and Other Work Placva
419 -Paherar fit the Identi^anedntWioanlolfrPiippeinnigngsSystemsRSaysitleimnsgs and The Anords
A14 ~ Matory sue fue
Camstruction Camstruction Care and l'se of
ART Peters de for irrators Imbwaiters
Laddere
ANT? Rewnmeraded Practice for the
and Emalaines
AM Ralety Cade fur Window
fanperties of Berntors
MT
-
Traning
Hates (ede fer the Em bre and Immortion of
HH --Radety Onde tee the Prodection of
Abrami Rigoris
adn
Herbssir
Intenrial Workers in Foundries
1
"i
May LRM? Cede fox Meckentral Pumper orbinery Transmision Equipement TRAMY (rete toe PTP Refright and Fam and Hand Pro RIA
" teegieagnd Rewmih Baloty sete. GeterCyade tee Meckentral Pumper Transmission Apr~-aratus
Flt Rater) dvabe tar S rging ani Het Metal Ringing
999 1
hey Cote tee
Dewelations ter
rging
strie
ani
Het
Metal
Seaned
Wiring and Apparates in station to Fire .
ara recommended to dreining the National
employer They may be obtained by ad-
Reston Man Fire Protection Amriation 60 Batterymarch
EDUCATION AND INFORMATIVE MATERIAL (
| Divisia following Special Bulletins of the U. 8. Department of Labor
DDiivviissiioan aotfWLaasbhoirngSttoanndDar.ds may be obtained Department addressing the