Document bBgkEg0L4yogd5rGK8Mp3MRJy

arise out o! the employment, only ii Tbe power of the Industrial Com there U apparent to the rational mission to make rules is limited to the mutd upon consideration oi all the circumstances, a direct causal con nection between tbs conditions under which the work is performed and the occupational disease, and which can be seen to have followed as a natural incident of the work as a result of the exposure oeea stoned by the nature oi the employ ment and which can be fairly traced to the employment as the proximate cause, and which does not come .irom a hazard to which workmen would have been equally exposed outside of the employment. The disease must be - incidental to the character of the bualness and not independent of the relation of em ployer and employee. The disease need not to have been foreseen or expected but after its contraction it must appear to have had its origin 'in a risk connected with the em ployment and to have flowed from that source as a rational conse quence.'' The BiU defines disablement as fol lows: following purposes: (a) The' proper sanitation and ven tilation of sill places of employment to guard against personal Injuries and aiyeasea. (bj The arrangement and guarding or. machinery and tbe storing ana piacug oi personal property to guaru gainst personal injuries ana diseases. \cy tot prevention 01 personal iu- ju.ics ana uncases oy contact wiut ..iy poisonous or oeietcrious materials, ousu, vapors, gases or Iumes, \uj sue prevention Of personal inJUI1CS auo on.eases causcu oy exposu.e hi aronenu auuuspnerie pressure. rimes u< use rnuustrial t aniinnssaiu auoptcu ui me manner proviucu tu me xsio snail nave me force ana caeci u> taw, Tms BiU would apply to all em ployers engagea in any occupation, uutuncss or enterprise in |ne bunc, ex cept tanners auo other* cngugcu in tanning, image at me son, or ftoes suing, ana to coal uuni|ig. rue ruiea aoopted oy toe Industrial conimmion must oe clear, puun ana " 'Disablement' means the event oi becoming disabled'from earning full lutetugioie, and must oe unuorm anu general in tneir application. wages at the work in which the em- in tsill provides that It saaU not . ptoyee was engaged when last ex- ' Oe construeu as granting the indus posed to the hazards .of the occupa trial commission me power to maze tional disease by the employer from - any -rule wnich will rcqqtre toe suo- whom he claims compensation, or .. nnstton ot any plan, spccincauons, or eqqal wages in other suitable em-- outer uuormauon concerning any pro- ptoyment; and 'disability'-snezos the posed installation, alteration, construc state of being so incapacitated.'* tion, apparatus or equipment, or in The BUI further provides that no any manner regulate toe hours ot la- compensation ohaU be payable for oc uor ot any employee In the State. cupational diseases unless disablement the bill sets fortn tne procedure occurs within one year after the last for tne aoopuon ot rules by tne indus day of the hut exposure to the haz trial Commission. ards of the disease, except.in. cases of a ne commission may either institute occupational diseases caused by the inhalation of silica dust or asbestos dust, and in such cases within three years after the- last day of the last exposure. proceedings on ita own initiative Oy a resolution, or upon petition signed Oy live employes or tivt employers in a' ipedheo industry. The Commission shall set a date for The BiU further provides that the' employer liable for compensation shall be the employer in whose employment the employe was last exposM to the hazard of the occupational disease claimed upon regardless of the' length of time oil such last exposure, except that la the cases of silicosis and ashestosls, the exposure during a period of lest than sixty (60) days after the ef fective date of the Act. shall not be deemed a last exposure. The provisions relating to amounts of compensation, and to procedure are incorporated in the BIU in the same language, and by the same section numbers, as they are contained in tbe Illinois Workmen's Compensation Act. Tbe BiU, If enacted, shaU take effect on October I, 1636. and shaU be ad ministered by the Industrial Commis sion. a public hearing not less than thirty days, nor more than ninety days, alter the date of the passage oi the resolu tion by tbe Commission, or the filing of tbe petition. Kotice of the hearing must be given at least thirty days prior to the date of hearing, by publication in a news paper of general circulation and by mailing notice to any employer and to any association of employers or of employes who have filed their names and addresses with the' Industrial Com mission requesting notice of such hearings. Any. interested party may submit evidence at the hearing. Upon the conclusion of the hearing, the Industrial Commission shall enter its decision in writing and send a copy of the decision 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 Health and Safety BiU 3. The second Bill Is the Health Secretary of State. Within thirty days after the entry of the decision, the Industrial Commis and Safety Bill. sion may correct, modify or vacate This Bill vests In the Industrial the decision, rule or rules, and any Commission the power to make rea person affected by the decision msy sonable rules to provide reasonable object in writing, stating the specific protection to the lives, health and grounds of his objection. safety of employes. Any person affected by tbe decision. whether he participated in tbe pro- : cecdings or not, may file a praecipe . for a writ of certiorari in the Circuit or Superior Court of the County in which the subject-matter of tbe hear ing is situated, for review 'of. the rea sonableness or lawfulness of the de cision or rules. The Circuit or Superior Court may confirm or reverse the decision of the . Commission as a whole, or may reverseandremand It as a whole, or may coonrm part and reverse and renkand part of the decision. An appeal from the order of the Circuit or Superior Court may be taken to the Supreme Court within fortybve days, except as to the portions of the decision which are remanded by the Circuit or Superior Court. The Industrial Commission may fix the date that rules or decisions adopted by it shall become effective, provided that no such decision, rule or rules shall become cttcctivc until ninety days after entry by the Industrial Com mission, nor shall they be effective during the pendency of any proceeding for review or appeal, and upon ter mination of appeal, no decision, rule or rules shall become elective until a period of time has elapsed after the nting of the Court's Mandate equal to the period of time originally fixed by the Commission. The Industrial Commission is re. qttlred to keep a full and complete rec ord of all proceedings.- and at least once it year shall publish in printed form all of the rules in full force and effect at the time of the publication. Tbe enforcement of the rules is vested in the Department of Labor, with the proviso that the Industrial Commission shall not take any part in their enforcement. The Department of Labor is given power to Inspect places of employ ment affected by rules, subject to a proviso that whenever any secret proc esses are used, the owner shall furnish sn affidavit that he has complied with ill effective roles, which affidavit shall bo1 accepted In lieu of inspection. The BUI provides that the Depart ment of Labor shall give proper notice in regard to any violation of the Act, and any person who fails or neglects to comply with any rules adopted by the Commission after due notice t* given, is guilty of a misdemeanor and subject to fine. This BiU provides for repeal of the Health. Safety and Comfort Act, to take'effect July 1, 1937, and for the repeal of Section 4 oi the so-caUed Basement Blower law, to take effect October 1. 1636. The Bill contains an emergency clause, and is intended to take effect immediately upon its passage. 3.' A BiU to amend Sections 7, 14, and 19 of the Workmen's Compensa tion Act. The amendment to Scctkm 7 it a- re sult of the decision of the Supreme Court in the Moweaqua Coal Company case, 360 III. 104, and adds the following language to the section: "Whenever four times the average annual earnings of the deceased em ploye as provided in paragraph (a) of this Section amounts to four thou sand dollars and not more than four thousand four hundred dollars and PLEASE PASS THIS BULLETIN DOWN THE EXECUTIVE LINE 3