Document g25dn7kvD6wmLKK42gLr5Bb2V

FILE NAME: Pennsylvania (PA) DATE: 1958 DOC#: PA020 DOCUMENT DESCRIPTION: Univ of Pittsburgh Law School Report Industrial Health TABLE O F CONTENTS O IE W O P D ............................ .................... ........................................................................... moDucnoH ................................... 1......................................... ditoi1! Introduction ...................................................................... 'aoANUATioN Chart, Pennsylvania Department op H ealth Page V is xiii CHAPTER I. ubuc H ealth Administration in Prnnsylvania.............. I State ................................................................................................... 1 Secretary a / Health . .................................... I B a m s e d ........................................................ 2 State wot 1 H e a lth ........................ ............................. 4 Local H ealth Adninistmtkm ........................................................... g Canady Health Department ................................. 8 Departments ar Boards af Health m Other Political Subdivisions IS Aibriattiaitivt Agency Law ........................................... 18 Sappte-- p t ...................................... 21 CHAPTER II. tal Statistics .......................................... 25 IntiwliKtfc Rial H is to q r................................................................. 25 Eiisflag Law of Pewuylvanla--Vital Statistics Law of 1953 ___ 26 DefaMaUs .............. 28 State Departm ent afH e a lth ........................................................ 28 General Pemers and D a lle s........................................ 28 Bareaa af Vital Statistics ...................................................... 29 State R egistrar.................. 29 Farms ......................................................................................... 30 R agalatiam ................................................................................. 30 RagistrsHom District Adm inistration.......................................... 31 Districts and Z o n es................................................................... 31 O fee af Local R egistrar........................................................... 32 Field Registration Optics ............ 32 local Registrar,d D u tie s........................................................... 32 local Registrar* Compensation ........................ ................... 33 Coart O ptim a............................................................................. 34 InstUaHanal R ecords................................................................. 34 Birth Registration ....................................................................... 34 "Uoe Birth" ............................................................................... 34 General Provisions................ 35 Birth* Outside Pennsylvania................................................... 35 SypUBs Test Reports ............................................................... 36 Notiftiation of Birth Registration.......................................... 36 Foundling Registration ....................................... 37 Death and Fetal Death Registration.............................................. 38 "Death and Fetal D eathP......................................................... 38 Presumed D ea th s.......................................................................... 39 "Dead Bodyn ................................................................................ 39 xiz PUBLIC HEALTH LAWS OF PENNSYLVANIA A Study of the Laws of the Commonwealth of Pennsylvania Relating to Public Health EDITOR David Stahl ASSOCIATES John A. Dbasy, J s. Audu y Bmacken Ubumo J ohn D. R hodes David W. C h a u E unice L. Ross Project Director, H ahold Gill R eubchlein SCHOOL OF LAW UNIVERSITY OF PITTSBURGH 1958 i i TABLE OF CONTENTS "Fetal Remains" .................................................................. Duty to File Death and Fetal Death Certificates.................. "Person in Charge'9to F ile.................................................... Information for Death and Fetal Death Certificates.......... Sypkilis Test Reports on Fetal Death Certificates.............. Coroner Functions ................................................................. Place of Registration , ........... Reciprocal Subregistrar System ............................................ Interment and Handling of Dead Bodies................................. Burial and Removal P erm its................................................ Interment Regulations ......................................................... Disinterment Permits ........................................................... Transit Permits ..................................................................... Foreign Perm its..................................................................... Marriage Registration ............................................................... General .................................................................................. Marriage Registration Forms .............................................. Marriage License F ees........................................................... Marriage License Reports .................................................... Changes in Civil Status ........................................................... Court Reports of Changes of Civil S ta tu s............................. Amendment of Birth Certificates for Change in Civil Status Subsequent Registrations .......................................................... Introduction .......................................................................... Supplemental Reports ........................................................... Delayed Registrations ........................................................... Delayed Registtations of Births which Occurred Prior to 1906 Correction of Records Originally Incorrect ............................. Correction of Given Name on Birth Certificate................. Correction of Date of Birth on Birth Certificate................. Correcting Spelling of Surnames.......................................... Correction of Names of Persons of Illegitimate B irth .......... Correction of Death Certificates ........................................ Correction of Date or Place of D ea th ................................. Correction of Medical Certification of D e a th ..................... Use of Records ......................................................................... Disclosure of Records in General........................................ Disclosure of Marriage Registration and Court Report Records ................................................................ Disclosure of Illegitimacy of B irth ........................................ Disclosures of Other M atters................................................ Disclosure of Records by Local Registrars ......................... Issuance of Certified Copies of Death Certificates by Local Registrars ........................................................................... Fees for Copies....................................................................... Evidentiary Sufficiency of Records........................................ Penalties .................... Supplement .................................................................................... Page 40 40 40 41 42 42 43 44 45 45 46 47 48 48 49 49 49 49 51 51 51 52 53 S3 53 54 55 56 57 57 57 57 58 58 58 58 58 S9 59 59 60 61 61 62 62 64 xx / TABLE OF CONTENTS Page . CHAPTER HI. Communicable Disease Control.................................................. 67 Introduction .......... 67 Communicable Disease Law of 1923 ............................................ . 69 Venereal Disease Statutes .......................................................... . 78 Venereal.Disease Law ......................................... 78 Other Laws ................................................................................ 84 Tuberculosis ...................................................................... . . . 86 Typhoid Fever Carriers .................................................................. 87 Smallpox Vaccination ...................................................................... 88 Food Handlers and Other Occupations................... 90 Animals, Birds and Insects.............................................................. 93 Miscellaneous .................................................................................... 94 Laboratories ................................................................................. . . 95 S ta tu te ........................................................................................ 95 Regulations ................................................................................ 98 Supplement ................................................................ ............. . . . . 101 CHAPTER IV. Hospitals.............................................................................................. 112 Introduction ...................................................................................... 112 Administrative Powers and Duties at the State L ev e l.................. 113 Department of W elfa re................................................................ 113 Administrative Code of 1929 .................................................. 114 State-Owned H ospitals.............................................................. 116 State-Aided Hospitals ........................................... 117 Maternity Homes and Hospitals . . . i .................................. 120 Private Mental Institutions...................................................... 120 County and Municipally Owned Hospitals .......................... 120 Private Hospitals and Nursing Homes .................................. 120 Hospitals Constructed with Federal Aid .............................. 120 Commercial Boarding Homes for the A g e d .......................... 121 Other State Departments .......................................................... 121 Department of H e a lth .............................................................. 121 Department of the Auditor General...................................... 123 Department of Labor and In d u stry...................................... 124 Department of Public Instruction ...................................... 125 Department of Revenue .......................................................... 125 Department of Property and Supplies.................................... 126 State Institutions.............................................................................. 127 General .......................................................................................... 127 General Hospitals ................................... 128 Ashland State Hospital .......................................................... 129 Blossburg, ConnettsviUe and Phillspsburg State Hospitals . . . 130 Hazeiton State Hospital ............................ 131 Scranton State Hospital .............. 131 Shamokin State Hospital ......... 132 xxi TABLE OF CONTENTS Coaldale State Hospital ......................................................... Nanticoke State H ospital....................................................... Locust Mountain State H ospital............................................ Tuberculosis Hospitals................................... ............................. State Hospital for Crippled Children.......................................... Hospitals for the Mentally I I I ..................................................... Licensure ................................................................... .................... General ......................................................................................... Maternity Homes and Hospitals ................................................ Private Nursing Homes and H ospitals...................................... Private Mental Hospitals ............................................................ Pennsylvania Hospital Survey and Construction A c t .................. Article 1--G eneral.................................................................... Article II-- Survey and Planning.............................................. Article i l l -- Plans and Construction.......................................... Powers and Duties at the Local L evel............................................. General ......................................................................................... Counties ....................................................................................... Appropriations to Hospitals...................................................... Contagious Disease Hospitals.................................................. Tuberculosis Hospitals............................................................. Effect of the Local Health Administration L a w ...................... Cities of the First Class ............................................................. Cities of the Second Class............................................................ Cities of the Second Class A ........................................................ Cities of the Third Class............................................................. Boroughs and Townships ............................................................ Boroughs ................................................................................... First Class Townships............................................................. Second Class Townships.......................................................... Miscellaneous Laws ......................................................................... Gifts to State Hospitals............................................................... Exemption and Exoneration from Local Taxes ...................... Religious Services......................................................................... Discrimination on Account of Race or Color .......................... Retention from Wages of Hospital Subscriptions...................... Standards for Institutions to Comply with Federal Social Se curity Legislation..................................................................... N a r c o tic s ....................................................................................... Special Hospital Police................................................................. Nonprofit Hospital Plan ..................................................... Tuberculosis as Occupational Disease of Nurses in Hospitals and Sanatoria ........................................................................... Administrative Rules and Regulations of the Department of Wel fare ........................................................................................... State-Aided Hospitals ................................................................ Administrative and Physical Plant Requirements .............. Standards for Patient C a re...................................................... xxii I 1 TABLE OF CONTENTS age 132 Hospital Administrative Officer ................ 133 Abandonment and Placement of C hildren.......... 133 Maternity Homes and H ospitals.............................. 134 Licensure ............................................................... 135 Minimum Standards.............................................. 135 Private Nursing Homes and H ospitals.................. 138 Licensure................................................................ 138 Other General Regulations ........................ 139 Special Requirements for Private Hospitals ...... 140 Special Requirements for Private Nursing Homes 141 Special Rules for Convalescent or Rest Homes . 142 i Private Mental Hospitals .................................. 142 Licensure ....................................................... 144 General Regulations.............................................. 144 Supplement .................................................................... 146 146 CHAPTER V. 147 F ood, M e a t , M il k , B everages a n d E a t in g P la ces .. 147 i 148 149 150 i 150 Table of Pennsylvania Food Statutes ................ Administration .............................................................. Purpose of Legislation ................................................ Acts Relating to F o o d ........................................ Acts Relating to Food in G eneral.......................... 152 153 154 155 ! The General Food Act ....................................... Cold Storage A c t .................................................. Other Controls Over Food Generally.................. Acts Relating to Particular F o o d s.......................... 155 \ 155 Bakeries ................................................................ Butter and Butter Substitutes............................ 156 156 156 156 f 157 157 i 157 I Candy .................................................................... Cheese .................................................................... Coffee Imitations .................................................. Eggs ....................................................................... Fruit S y ru p s.......................................................... Grapes, Potatoes, Apples, Peaches....................... L a r d ......................................................................... Oysters and Other Shellfish ................................ 158 Vinegar .................................................................. 158 1 159 159 f Meat and Meat H ygiene.......................................... Meat Hygiene Act ................................................ Other Acts Relating to M e a t.............................. 160 j Sausage Act .......................................................... Milk and Milk Products .................. Milk Permit A c t .................................................... .60 Other Milk A c ts .................................................... .60 Ice C ream .............................................................. 161 Laws Relating to Beverages ............................ 61 Nan-alcoholic Beverages .......................................... xxiii TABLE OF CONTENTS 1925 S ta tu te ............................................................................ 1909 S ta tu te ............................................................................. 1937 S ta tu te ............................................................................ Bottled Water ............................................................................. Public Eating and Drinking Places................................................. Public Eating and Drinking Places A c t ...................................... Restaurant Grading..................................................................... Other Controls ............................................................................. Summary of Problems................................... ................................ Administration ............................................................................. State Level ............................................................................. Local Level ............................................................................ Number of Enactments............................................................... Uniformity .................................................................................. Licensing ..................................... ................................................ Inspections ................................................................................... Penal Provisions.......................................................................... Seiture and Destruction of Misbranded or Adulterated Products Injunctive Powers......................................................................... Federal and Other Standards ..................................................... Technological Progress ............................................................... Supplement .................................................................................... CHAPTER VI. D r u g s a n d A l c o h o l ...................................................................................... General ............ ................................................................... Drug Legislation--Department of H e a lth .......................... Narcotics....................................................................... .. Anti-Narcotic Act of 1917 .......................................... Federal Narcotics S ta tu tes.......................................... Other State Statutes..................................................... Hypnotic, Analgesic and Body-Weight Reducing Drugs Sulfanilamide and Penicillin ......................................... Drug Legislation--Department of Public Instruction---Poisons ............................................................................. Adulterated and Misbranded D ru g s.............................. Act of 1909 ................................................................... Act of 1945 ................................................................. Miscellaneous Drug Legislation ......................................... Treatment of Drug Addicts ............................................. Treatment of Alcoholics ..................................................... Supplement ............................... ......................... ................ CHAPTER VII. S c h o o l H e a l t h ............................................................. Introduction ............................................... Department of Public Instruction........ Department of Public Assistance........ xxiv Page 235 238 239 240 242 242 247 248 249 249 249 252 254 255 255 256 259 261 262 262 265 267 269 269 270 270 270 276 278 279 281 283 283 286 287 290 293 294 297 301 306 306 307 308 TABLE OF CONTENTS | Page Department of Welfare ................................................................ 308 Department of H ea lth .................................................................... 309 School Districts .............................................................................. 309 Biennial Medical and Dental Examinations.................................... 311 Other Medical Examinations .............................................. 320 t Nurses and Dental Hygienists .................................................. . 325 Corrective Treatment and Medical Assistance for School Children 327 Communicable Diseases .................................................................... 331 Tuberculosis .................................................................................... 335 Smallpox Vaccination .................................................................... 335 School Food Programs.................................................................. 338 ! Physically and Mentally Handicapped C hildren.............................. 341 Adaptation Within Regular SchoolProgram.................................. 341 Special Classes and Special Schools............................................. 343 Homebound Children...................................................................... 347 Uneducable Children ................................................................... 348 School Plant Facilities ...................................................................... 349 School Busses.............................................................................. . . 354 , Employees' H ea lth ................................................................................ 354 Health Education and Athletics .............................................. 356 Supplement .......................................................................................... 358 CHAPTER VIII. Child and Mateknal He a l t h ............................................................ 364 \ Introduction Department of Health ..................................................... 364 Department of Welfare ..................................................... 364 \ Licensure and Supervision of Midwives............................. ........... 367 Institutions and Persons Entrusted with the Custody of Children 369 ^ Infant Boarding Homes ................................................................ 371 Children's Boarding Homes .......................................................... 372 Kindergartens and Nursery Schools ........................................ 374 Employment of Minors ..................................................................... 376 Handicapped Children........................................................... 383 Tobacco, Alcoholic Beverages, and Other Harmful Substances .. 385 Pregnant Women in Penal Institutions............................................ 386 f Supplement CHAPTER IX. Housing Sanitation ............................................................................ 388 General ................................................................................................ 388 Legislation............................................................................................ 391 * * Lodging Houses ............................................................................... 391 , Lodging House Act of 1895 ....................................................... 391 Tenement H ouses............................................................................. 391 i Tenement House Sanitation Act of 1903 ............................... 391 Act of 1911 ................................................................................ 394 XXV TABLE OF CONTENTS Page Commercial Boarding Homes.................................................. 39S Act of 1951--Commercial Homes for A ged........................ 395 Act of 1925--Boarding Homes for Infants ........................ 396 Act'of 1947--Boarding Homes for Children ...................... 396 Local Regulation .................................................................... 397 Administrative Rules and Regulations ....................................... 401 Tenements, Lodging and Boarding Houses ............................ 401 Camps ..................................................................................... 402 Boarding Homes for Infants and Children.............................. 403 Plumbing ................................................................................... 403 The Plumbing Code of 1901 (Cities of the Second, Second Class A and Third Class) .................................................. 405 Definitions ............................................................................ 405 Licensure .............................................................................. 406 Examination ....................................................... 407 Special Provisions for MasterPlumbers.................................. 408 Plumbing Inspection ............................................................. 410 Plumbing Regulations............................................................ 410 Power to Abate Nuisances Caused by Defective Plumbing or Drainage ............................................................................ 413 Disputes ................................................................................ 414 Penalties ................................................................................ 415 The Plumbing Code of 1911 (Citiesof the First Class) ............. 416 Definitions ............................................................................ 416 Licensure................................................................................ 416 Examination .......................................................................... 418 Special Provisions for MasterPlumbers ................................ 419 Registered Apprentices .......................................................... 419 Plumbing Inspection ............................................................. 419 Plumbing Regulations ........................................................... 420 Penalty ................................................................................. 420 State Assistance in the Field ofHousing and Redevelopment . . 421 Supplement ................................................................................... 423 CHAPTER X. Air Pollution ................................................................................ 425 General ......................................................................................... 425 Legislation..................................................................................... 426 Smoke Enabling Legislation .................................................. 426 Health, Nuisance and General Welfare Legislation................... 428 Municipal Regulation of Air Pollution......................................... 429 Administration .......................................................................... 430 Prohibitions .............................................................................. 431 Permits ..................................................................................... 434 Appeal Procedure....................................................................... 434 Penalties ................................................................................... 434 Miscellaneous Legislation ............................................................. 434 Zoning ..................................................... uvi TABLE OF CONTENTS Page Municipal Refuse D isposai.......................................................... 435 Criminal ....................................................................................... 435 Supplement ....................................................................................... 436 CHAPTER XL I n d u s t r ia l H e a l t h ............................................................................ 437 General ............................................................................................. 437 Administration ................................................................................. 438 Department of Labor and Ind u stry............................................ 438 Department of Health ................................................. 438 Other Departments .......................................... 439 Legislation ....................................................................................... 440 Department of Labor and In d u stry .......................................... 440 The General Safety Act of 1937.............................................. 440 Act of 1911-- Foundries.......................................................... 442 Act of 1913--Lead Manufacturing ........................................ 442 Act of 1917--Compressed A i r ................................................ 445 Industrial Homework Law of 1937 .......................................... 446 Department of H ea lth .................................................................. 448 Occupational Disease Act .......................................................... 448 Administrative Rules and Regulations .......................................... 452 Supplement ............................................. 454 CHAPTER XII. Strea m Po l l u t io n , W ater and P u b l ic B a t h in g P laces 456 Introduction ............................................................. 456 Sanitary Water B o a rd ................................................................. 456 Department of H ea lth ............................... 457 Bureau of Sanitary Engineering .............................................. 458 Water Pollution at the Common L a w .......................................... 459 Purity of Waters Act of 1905 ...................................................... 461 Clean Streams Act of 1937 .......................................................... 462 The Pennsylvania Clean Streams Act .......................................... 464 Article I. General Provisions and Public P olicy...................... 464 Definitions ............................................................ 464 Interpretation of Act and Public Policy .............................. 465 Article //. Sewage Pollution ...................................................... 466 Prohibition of Sewage Discharge ...................... .................... 466 Existing Sewage Discharges .................................................. 466 Orders to Discontinue Discharges.......................................... 467 Penalties .................................................................................... 469 Reports of Existing Municipal Sewers .................................. 470 Applications for Permits for the Discharge of Sewage.......... 470 Approval of Plans for Sewer Systems and Treatment Works 471 Revocation or Modification of P erm its.................................. 4 73 Prohibition Against Discharge of Sewage After Revocation of Permit .............................................................. ..................... 473 xxvii TABLE OF CONTENTS Municipal Financing of Pollution Abatem ent...................... Revenue B o n d s.......................................................................... Issuance and Sale of Revenue B o n d s...................................... Other 'Methods of Financing .................................................. Article III. Industrial Wastes .................................................. Prohibition of Discharge of Industrial W a stes...................... Existing Discharges......................................... Reports of Discharges of Industrial W a stes.......................... Water Survey; Rules and Regulations.................................. Investigation and Research...................................................... Protection of Clean Waters .................................................... Establishments Which May Discharge Industrial Waste in the F u tu re.............................................................................. Approval and Operation of Treatment W o rk s...................... Acid Mine Drainage ............................................................ Diversion of Acid Mine D rainage.......................................... Condemnation Proceedings ...................................................... Approval of Drainage Plans .................................................. Article IV. Petty Pollution........................................................ Prohibitions ............................................................................. Nuisance and Abatement.......................................................... Rules and Regulations............................................................. Article V. Domestic Water S upplies..........................*........... Protection of Domestic Water Supplies.................................. Penalties ................................................................................... Nuisance and Abatement ........................................................ Article VI. Procedure to Enforce the A c t .............................. Abatement of Pollution .......................................................... Preliminary Injunctions .......................................................... Summary Proceedings .............................................................. Complaints and Investigations .............................................. Appeals from the Sanitary Water B o a rd .............................. Proceedings Where Pollution is from Many Sources.............. Records; Evidence .................................................................. Effect of Prior Rules and Regulations.................................. Fees ........................................................................................... Article VII. Scope and Purpose of A c t ...................................... Preservation of Existing R em edies.......................................... Sewage ............................................................................................. The Clean Streams Act .............................................................. Authority to Construct and Acquire Sewerage Facilities.......... Operation of Sewerage Systems .................................................. Financing Sewerage Facilities.................. ................. . . . . ......... Provisions in the Codes Governing Political Subdivisions . . The Clean Streams Act .......................................................... State Aid .................................................................................. The Sewer Rental Act .......................................................... Municipal Authorities .............................................................. Page 474 475 476 476 476 476 477 478 475 480 480 481 482 483 485 486 486 487 487 488 488 488 488 489 490 490 490 492 492 492 493 496 496 497 497 497 497 498 498 503 509 510 510 514 514 515 516 xxviii I; TABLE OF CONTENTS Sewage Disposal System F u n d s.............................................. The Municipal Borrowing L a w .............................................. Other Laws Regulating Sewage .................................................. The Public Utility Law .......................................................... Industrial Wastes ............................................................................ The Clean Streams Act .............................................................. Other Statutes Relating to Pollution by Mines and Oil or Gas Wells .......................................................................................... Regulations of the Department of H ea lth ............................ . Petty Pollution .................................................................................. Domestic Water Supplies........................................................ . Protection of Public Water Supplies.......................................... Public Health Service Drinking Water Standards................ Fluoridation of Public Water Supplies...................................... Acquisition of Water Rights ...................................................... Political Subdivisions.................................................................... Creation of Water Supply Districts and Authorities.................. The Public Utility L a w ........ ..................................................... Federal and Interstate Pollution Abatement Programs.................. Water Pollution Control A c t ...................................................... Public Bathing P laces............................................... .............. The Public Bathing Law . . . Supplement ........................................................................................ Page 520 520 521 522 524 524 529 531 531 533 533 537 538 541 542 544 544 546 547 550 550 558 Appendix .............................................................................................. 567 Regulations for Personnel Administration of County Departments of Health ...................................................................................... 567 Regulations for Qualifications of Sanitary Officers of Second Class Townships .................................................................................... 572 Regulations for the Approval of State Financial Aid to Full Time Local Health Departments ........................................................ 573 Disease Prevention and Control Law of 1955 .............................. 576 Report of Proposed Revision of Pennsylvania Legislation Relating to Hospitals .................................................................................. 588 Rules, Regulations and Minimum Standards for Institutions as Defined in Act 64-- 1953 ........................................ ............... 638 Rules and Regulations Prescribing Standards of Plant, Equip ment, Administration, Service, and Care and Treatment for State-Aided Hospitals .................................................................. 642 Suggested Revision of Article XIV, School Health Article, of the Public School Code ...................................................................... 650 Suggested Revision of Clean Streams Law .................................. 672 1957 Supplement--1957 Legislation .................... ........ . 695 Index ................................................................................................. 718 Table op Cases ...................................... 760 436 PUBLIC HEALTH LAWS SUPPLEMENT ClIAFTEB X (Footnote* in Supplement correspond to Chapter footnotes containing statutes affected by 1455-1956 legislation. Where a new footnote is added in the Supplement, it bears a letter to the right of the number (eg., la), and the page and line in the text of the Chapter to which the footnote relates is indicated.) Page 42S--recent sessions* - See, eg., Senate Bill 279, introduced at the 1955 session of the Legislature, which provided for the establishment of a Stale Air Pollution Control Com mission in the Department of Health, and authorised counties or groups of counties to create air pollution control districts fur local regulation of air pollution. Note 1---Under the reorganization of the Slate Department of Health, effective May 28, 1956, this agency ia now the Air Pollution Section in the Division of Industrial Hygiene. See chart at the beginning of Chapter I. Note I?--Act No. 419, approved March 22, 1956, authorizes second class townships to create sanitary boards or appoint sanitary officers, and grants such town ships health powers similar to those of boroughs and first class townships. See Supplement to Chapter ], note 33. Note 21--Philadelphia's Air Pollution Code is now Title 3 of the Code of General Ordinances of the City of Philadelphia, effective February 28, 1956 Note 24--The Allegheny County Department of Health, which was established in March, 1956, and which began to operate in 1957, administers the smoke control program in the City of Pittsburgh, which is now under the jurisdic tion of the Cuunly Department of Health. Note 26--See note 24, supra. Chapter XI INDUSTRIAL HEALTH* G eneral The United States Public Health Service has stated that the principal activities in any successful industrial health program are industrial hygiene, factory inspection and labor regulation, em ployee compensation, and in-plant medical service.' It is recognized that industrial hygiene often has been defined in a broad sense to mean the protection of the health and welfare of the industrial worker. In a more restricted sense, and in the sense in which the term is employed by persons engaged in the field of public health, industrial hygiene is treated as but one segment of a broader con cept of public health, namely, industrial health. The activities comprising the field of industrial health are defined as follows Industrial Hygiene is the routine reporting and investigation of occupational diseases; the determination of the extent to which dust, fumes, acids, metals or other toxic substances are present in industrial plants; the medical examination of employees to ascertain the effect of environmental factors upon them; the recommendation of measures to control industrial hazards; and the education of employers and employees to the benefits obtainable from an ade quate industrial control program. Factory Inspection and Labor Regulation is the periodical in spection of the physical layout of industrial plants, the illumination, sanitation and safety of mechanical devices employed in industrial plants; the working conditions and hours of employment of women and children; and the routine reporting of industrial accidents. Employee Compensation is the arrangement for financial assist ance to persons who are injured or who contract certain types of disease in the course of their employment. In-plant Medical Service is the giving of first aid; the periodic physical examination of employees; health education; and the gen eral and community medical service programs for industrial em ployees. See Supplem ent at end of C hapter for chan Res m ade by 1'I55 IVS I n f la tio n 1 U nited Slates Public Health Service bulletin No. 1H4, " D istribution tif Health Services in the S tructure ol Stale G overnm ents." 2 // at Chapter 8 437 438 PUBLIC HEALTH LAWS This chapter deals mainly with the legislation which affords a legal basis for reducing the incidence of disease among industrial workers. Particular attention is accorded those provisions in the industrial laws which establish minimum standards for illumina tion, ventilation and sanitation. Safety requirements, however, are also included. The General Safety Act of 1937, the basic State industrial law, contains a broad variety of safety and health provi sions and is the first statute summarized in the chapter. The Penn sylvania Occupational Disease Act of 1939,* an act designed to compensate employees or their families for disability or death oc casioned by specific occupational diseases, is considered at the end of the chapter. Not included in the chapter are the laws relating to the hours of employment of women and children or workmen's compensation legislation. A d m in ist r a t io n Department oj Labor and Industry The Department of Labor and Industry and the Department of Health are the State administrative agencies principally concerned with the regulation of industrial health. The Administrative Code of 1929 grants authority to the Department of Labor and Industry to control industrial health. The Code requires the Department to inspect places of employment, to investigate industrial accidents, and to prescribe safeguards for the prevention of accidents.4 The Code also authorizes the Department to issue rules and regulations for carrying into effect the laws governing employment and the laws regulating the construction and ventilation of places of employment and the equipment used therein.5 Department oj Health The Department of Health enters the held of industrial health control by virtue of the broad general health powers contained in the Administrative Code of 1929 requiring the Department to * Act ol June 21, I9J9, P.L. 566, u amended, 77 P.S. flfl 1201 t t stq Administrative Code, | 2202(a)-(g), 71 P S . | S 62(a)-(g). B Id at | 2203, 71 P S . | S6S. Although not directly related to industrial health, the Departm ent of Labor and Industry in charged with the enforcement and adm inistration of the Act of May 27, 1937, P.L. 926, as amended, 35 P S . I t 972-964, which regulates the m anufacture, sale and lease of new and secondhand mattresses, pillows and other filled Shedding, cushions and all types of upholstered furniture. INDUSTRIAL HEALTH 439 protect the life and health of the people of the Commonwealth, and authorizing the Department to enter premises in which nuisances are present and to order the abatement of nuisances detrimental to the public health.6 The Bureau of Industrial Hygiene in the Depart ment of Health performs research services, medical services and engineering services related to the promotion of industrial health. The hazards of occupational diseases are evaluated by the Bureau of Industrial Hygiene and recommendations made for the control or removal of these hazards. The Bureau also offers medical consulta tion services, assistance and advice in the organization and adminis tration of in-plant medical programs, and studies occupational diseases and other conditions which may affect the health of indus trial workers. The engineering services of the Bureau deal princi pally with the detection and determination of industrial atmos pheric contaminants and with the effectiveness of existing or newly established industrial health control systems in industry. The Division of Air Pollution Control and the Environmental Cancer Section operate under the Bureau of Industrial Hygiene. The Division of Air Pollution Control conducts research on the general problem of industrial air pollution to determine its effect on public health. The Environmental Cancer Section is engaged in statistical studies and environmental evaluation of cancer deaths to determine the relative incidence of cancer in persons employed in this State's industries. Other Departments The Department of Mines also deals with industrial health. How ever, the work of the Department of Mines is so specialized and the industrial health aspects so interrelated with the over all super vision of the mining Industry, that the legislation governing the mining industry is not included here. The Department of Agricul ture and the Department of Public Instruction may require com pliance with certain sanitation requirements established by law for specific businesses, as for example, bakeries and beauty shops,7 as a corollary function to their power to license and regulate these businesses. * Id. a t | 2102 (a)-(c), as amended, 71 P.S. | $32(a)-(c) * The Act cl M ay 22, 1933, P .L . 912, as amended, 43 P S . | | 403 et seq.. regulates bakeries; the Act of M ay 3, 1933, P.L. 242, as amended, 63 P.S. 11 507 el seq. regulates beauty culture establishments. 440 . PUBLIC HEALTH LAWS L eg isl a t io n Department of Labor and Industry The General Safety Act of 1937* This act is the basic industrial law of Pennsylvania. The statute establishes comprehensive health and safety standards for industry, and designates penalties in the form of fines and imprisonment for violation of the required standards. The 1937 act is also preven tive and punitive. The safety law is of little importance, however, as a basis for the recovery of damages by an employee injured in consequence of any violation of its provisions for the reason that the Workmen's Compensation Act* and the Occupational Disease Actlu provide in substance that acceptance of these laws by an em ployer and employee limits the employee disabled by accident or disease as a result of his employment to the remedy afforded in those laws. The act, summarized in section form, follows: Section 1 is the definition section. The term "establishment" is defined as any room, building or place within the State, except farms or private dwellings, where persons work for compensation of any kind. The term includes establishments owned or under the control of the Commonwealth, or any of its political subdivisions. The term "department" means the Department of Labor and Industry, the designated enforcement agency for the act. Section 2 enumerates genera) safety and health requirements for industry. The section requires all establishments to be constructed, equipped and operated in a manner which will protect the health and safety of employees. Certain types of machinery must be guarded so as to eliminate dangerous working conditions. Employees who are subject to injuries from flying particles, falling objects, hot, cor rosive or poisonous substances, acids or caustic or injurious light rays or harmful radioactive materials, must be provided with and must wear goggles, other head and eye protectors, gloves, leggings, and any other personal protective devices deemed necessary for their safety. From the standpoint of industrial health, subsection (e) of sec tion 2 is important. This subsection authorizes the Department of Labor and Industry to require the removal at the point of origin* * Act oi May 18, 10.17, P.L. 654, as amended, -IJ P S . | | 25-1 ti \r.q. Act of June 2, 1915, P.L. 7.16, as amended, 77 P.S Bl 1 ifq ,u See note J, mfifa IN DVST RIAL HEALTH 441 of any atmospheric impurities created by industrial processes within any establishment. If removal is impracticable at the |*iint of origin, the Department may require the employer to provide protective devices to be worn by his employees. Sections 3, 5, 6 and 8 deal with working conditions in estab lishments. Section 3 provides that establishments be adequately lighted, heated and ventilated. Sanitary facilities, including toilet and washing facilities, and dressing rooms for women, must be pro vided in sufficient number for the persons employed in the estab lishments. Section 5 requires that the floor space of workrooms not be crowded with machinery, and that sufficient floor space be made available for walking between machinery. Section 6 permits the removal of guards from machinery only when it becomes necessary to repair the machinery, and requires the replacement of these guards immediately upon completion of the repairs. Section 8 requires a minimum of 250 cubic feet of air space for each employee in each workroom of the establishment. Sections 4, 9 and 11 deal with specific establishments Section 4 requires plants which manufacture or store fireworks or other ex plosives to be located a safe distance from other buildings, high ways or railroads, and provides that these establishments be located and operated in a manner which will assure adequate anil reasonable protection to employees. Section 9 states that canneries and labor camps must be kept in a clean and sanitary condition. Under section 11, industrial homework must be conducted in a manner which will insure the health and safety of the persons engaged in this type of employment. Sections 7, 10, 12 and 13 prescribe the powers and duties of the Department of Labor and Industry for enforcing (he provisions of the act. Section 7 authorizes the Department of Labor and Industry to prohibit the use of dangerous machinery. Section 10 authorizes the Department to publish safe practice guides for industry. Sec tion 12 empowers the Department to issue regulations to implement the act. Section 13 authorizes enforcement by the Department of Labor and Industry. It permits any authorized representative of the Secretary of Labor and Industry to enter and inspect places of employment to ascertain compliance with the act or the regula tions of the Department. Sections 14 and 15 deal with the prosecution of persons who violate the statute and establish penalties for violation. Section 14 442 PUBLIC HEALTH LAWS permits any authorized agent of the Department of Labor and Industry to institute prosecution for any alleged violation of the act. Section 15 provides that anyone who violates any provision of the act, or any regulation issued by the Department of Labor and Industry to implement the act, shall be sentenced to pay a fine of not more than $100, or be imprisoned for not more than thirty days if the fine is not paid. Higher graduated fines or periods of imprisonment are set forth for second and third offenses. Any person who injures, delays or interferes with any authorized representative of the Department of Labor and Industry in the enforce ment of the act is also subject to similar penalties. In addition to the General Safety Act of 1957 which governs industry in general, there are several statutes which regulate specific industries. These statutes are considered below. Act of 1911--Foundries11 This Act requires employers who operate foundries to provide suitable toilet rooms and water closets, adequately heated, ventilated and maintained in a sanitary condition, for the use of employees. Each toilet room in the foundry must be supplied with wash bowls, sinks or other suitable fixed appliances, which are properly con nected and supplied with hot and cold running water. The water closets must be separated from the toilet rooms. The Department of Labor and Industry enforces this statute. Violation of the act is made a misdemeanor for which an employer is subject to a fine of not more than $100. Act of 1913-- Lead Manufacturing11 This act establishes minimum sanitation standards which are intended to alleviate illness and disease among persons engaged in the manufacture of lead. Section 1 requires every employer to provide, without cost to the employee, reasonably effective devices to prevent illness or disease incident to the manufacture of lead. Section 2 declares every process in the manufacture of white lead, red lead, litharge, sugar of lead, arsonite of lead, lead chromate, lead sulfate, lead nitrate or fluo-silicate, to be dangerous to the health of employees exposed to lead dust, lead fumes or lead solutions. 11 Act Of June 7, 1911, P.L. 673, as amended, 43 P S. | | 1 et u q 13 A ct of July 26, 1913, P L . 1363, 43 P.S. | | 471 et ieq. INDUSTRIAL HEALTH 443 Section 3 provides in detail the protective devices and methods to be utilized by an employer to protect the health of an employee engaged in the manufacture of lead. The employer must provide workrooms, adequately lighted and ventilated, and arranged so that there is a continuous and sufficient change of air. Devices which will protect an employee as far as possible from contact with lead dust or lead fumes also must be provided. Washrooms must be separated from workrooms, and must be adequately lighted and ventilated. A shower bath, with ample soap and clean towels, is required for each ten employees. Kettles, vessels, or furnaces in which lead is being melted or treated, must be provided with hoods connected with an efficient air exhaust. Eating rooms within the plant must be separate from workrooms. Section 3 further requires the employer to allow his employees not less than ten minutes before the lunch hour and at the close of the day's work for the use of the washroom facilities. The employer must further permit employees ten minutes at least twice weekly to take a shower bath. Violation of this section or of section 1 constitutes a misdemeanor for which the employer may be sentenced to pay a fine of not less than $100 nor more than $200. If the fine and costs are not paid the employer may be imprisoned. Graduated fines are imposed for subsequent violations of these sections. Section 4 is rather unusual in that it spells out the duty of an employee to use the facilities required to be furnished by the em ployer under section 3. The section requires each employee to use the washing facilities provided by the employer. If an employee desires to eat his lunch in the plant he must eat in the eating room provided by the employer. Each employee must remove his overalls before leaving at the close of a day's work and must keep his street clothes and working clothes in separate lockers. An employee who violates this section is guilty of a misdemeanor and may be sen tenced to pay a fine of not less than $10 nor more than $20, or he may be imprisoned if he fails to pay the fine and costs. Graduated fines are imposed for subsequent violations of this section. Section 5 requires the employer to post a notice of any known dangers arising from industrial processes within the plant in each workroom, washroom, dressing room and eating room. In addition, the employer must post copies of the act in each of the rooms enumerated above. 444 PUBLIC HEALTH LAWS Section 6 compels employers to provide a monthly physical ex amination for each employee who is exposed to lead dust, lead fumes or lead solutions to ascertain the symptoms of lead poisoning. The examination, which is given during working hours, must be made by a licensed physician, designated and paid by the employer. Although it is the duty of the employer to employ a licensed phy sician, the employee is required to submit himself to such examina tion and to any other examination which the employer reasonably may request and to answer truthfully all questions bearing on lead poisoning asked him by the examining physician. Section 7 requires the physician making the examination, if he discovers what he believes to be symptoms of lead poisoning, to make a complete record of the examination, indicating the name and address of the employee examined, the particular work or process in which the employee is engaged, the date, place and find ings of the examination, and the directions given in each case by the physician. The record of the physician is open to inspection by the Department of Labor and Industry and the Department of Health. Section 7 also requires the examining physician to report any findings of symptoms of lead poisoning to the Department of Labor and Industry and to the Department of Health within 48 hours of the examination. Within the same time limit, the examin ing physician must report the findings of his examination to the employer. After this notification, an employer may not employ the particular employee in any work or process where he will con tinue to be exposed to lead dust, lead fumes or lead solutions. Any employer who fails to comply with sections 5, 6 or 7, and any employee who fails to submit to the physical examinations required by section 6, is guilty of a misdemeanor and may be sentenced to pay a fine of not less than $10 nor more than $20. There is no provision for imprisonment in lieu of payment of the fine and costs. There is also no provision for the imposition of graduated fines for subsequent violations of these sections. Section 8 authorizes the Department of Labor and Industry to enforce the provisions of the act, and sets forth the penalty provi sions for violation. Any authorized representative of the Depart ment of Labor and Industry has the right at any reasonable time to inspect any establishment which manufactures lead. INDUSTRIAL HEALTH 445 Act of 1917-- Compressed A irta This act regulates the working conditions of persons engaged in any occupation carried on in compressed air. Section l provides that every tunnel, caisson or compartment must be constructed, equipped and operated in a manner which will protect the health and safety of the employees. Section 3 specifies the type of equipment to be used in plants where persons are employed in compressed air and section 5 specifies the manner in which the equipment must be inspected. Subsection 8 of section 3 requires the employer to provide dressing rooms for the use of employees, with benches, individual lockers, shower baths, hot and cold running water and sanitary water closets. These dress ing rooms must be properly heated, lighted and ventilated. In accordance with section 5, an inspector employed by the employer must inspect all equipment within the plant at least once each day, and, if any defect in the equipment is found, the inspector must im mediately make a written report of the nature of the defect to the employer in order that the defect might be repaired. Section 6 provides that every employer of persons working in compressed air must employ one or more licensed physicians who shall be present to render all necessary medical assistance at the place where the work is in progress. Should the maximum air pres sure in the plant exceed 17 pounds, the employer must also employ one or more registered nurses, or one or more competent |K*rsons selected by the physician, to handle cases of compressed-air illness Section 7 prohibits the employment of any person known to be addicted to the excessive use of intoxicants. Section 8 prohibits the employment in compressed air of any person who has not been examined by the plant medical officer and found to be physically qualified for the work. In addition, this section prohibits continuation of the employment of any |>erson who has worked regularly in compressed air for three months without a re-examination by the physician. Section 9 requires the plant medical officer to keep a record of all physical examinations made, such physical records to be kept in the place where the work is in progress. The record must contain the name, age, address, and full description of each |ierson examined, the date on which each examination was made, the physical coiuli- 3 Act of July 19, 1917, PL. 1088, 43 PS. BS 441 et srq. 446 PUBLIC HEALTH LAWS tion on the date of examination and the total time the person ex amined has worked in compressed air, including prior employment in another plant. Sections 10 and 11 specify the number of hours that a person may work in various air pressures, and the rate and time of decom pression. Section 12 authorizes enforcement by the Department of Labor and Industry. Any authorized representative of the Department may enter any place of employment covered by the Act to determine whether the employer is complying with the statute. Section 13 is the penalty section. Each person who violates any provision of the act may be sentenced to pay a fine of $50 for the first offense, $100 for the second offense and $300 for all subse quent violations. industrial Homework Law of 1937li This act is intended to remove the dangerous consequences of industrial homework to the consumer. It tends also to eliminate many of the occupational hazards faced by persons engaged in this type of industrial employment. Sections 3, 4, 5, 7, 8, 9, 11 and 17 of the act are significant in this respect. Section 3 is the definition section. The following definitions are important: "Contractor" is defined as any person who, for the benefit of an employer, representative contractor or other person, distributes to a home-worker articles or materials to be manufactured in a home, and thereafter returned to the contractor or otherwise disposed of according to his directions. "Representative contractor" is defined as any person who receives from an out-of-State employer or contractor articles or materials to be distributed by him to any home-worker, which are thereafter returned to the contractor or otherwise disposed of in accordance with his directions. "Employer" is defined as any person who, for his own benefit, delivers or causes to be delivered to another person any articles or materials to be manufactured in a home and returned to him. "Home" is defined as any room, house, apartment or other prem ises used, in whole or in part, as a place of dwelling. "Home-worker" is defined as any person engaged in manufactur- 14 Act of M ay 18, 1937, P.L. 665, u amended, 43 P.S. I f 491-1 et seq. INDUSTRIAL HEALTH 447 ing in a home any article or material for an employer, a representa tive contractor, or a contractor. "Industrial homework" is defined as any manufacture in a home of articles or materials for an employer, a representative contractor, or a contractor. "M anufacture" is defined as the preparation, alteration, repair, finishing or processing of any article or material. Section 4 prohibits the manufacture in a home for an employer, contractor, or representative contractor of any articles of food or drink, articles to be used in the serving of food or drink, toys and dolls, tobacco, drugs and poisons, bandages and other sanitary goods, explosives or fireworks, and any articles, the processing of which requires exposure to substances which are determined by the Department of Labor and Industry to be hazardous to the health or safety of the persons exposed to them. Section 5 provides that if the Department of Labor and Industry, the enforcement agency for the Industrial Homework Law, de termines that industrial homework may not be conducted within any given industry without injuring the health and welfare of the worker, or without rendering unduly difficult the maintenance of existing labor standards, it may require all employers, contractors, or representative contractors in that industry to discontinue furnish ing articles or materials to home-workers. Sections 7 and 9 require each employer, contractor, or representa tive contractor to obtain a permit from the Department of Labor and Industry before articles or materials may be delivered by them to a home-worker. This permit is valid for one year from the date of issuance, unless sooner revoked by the Department of Labor and Industry in accordance with section 17 of the act. Section 11 requires each industrial home-worker to procure from the Department of Labor and Industry a home-worker's certificate, which certificate is issued without cost to the home-worker. This certificate is valid for one year from the date of its issuance, unless sooner revoked or suspended in accordance with section 17 of the act. A home-worker's certificate may not be issued to any person under the age of 16 years, to any person known to be suffer ing from an infectious, contagious, or communicable disease, or to a person known to be living in a home that is unsanitary or in which there is any communicable disease. Section 17 authorizes the Department of Labor and Industry to 448 PUBLIC HEALTH LAWS revoke any employer's or contractor's permit whenever it has reason to believe that the holder of such a permit is not observing the pro visions of the act or the regulations issued to implement the act. Section 8 authorizes the court of common pleas of the county in which an employer or representative contractor has a place of busi ness, upon application of the Department of Labor and Industry, to enjoin the continued operation of the business if it be shown that such employer or representative contractor has twice been found guilty of conducting his business without an employer's permit as required by section 7. Department of Health No legislation has thus far been enacted expressly delegating any duties to the Department of Health in the field of industrial health. However, as indicated in the general material preceding the sum mary of industrial statutes, the State Department of Health, and more particularly the Bureau of Industrial Hygiene in that Depart ment, performs valuable research and renders medical and engineer ing services, all of which are designed to safeguard the health of industrial workers. Occupational Disease Act18 The legislation considered previously in this chapter provides a basis for administrative action to compel compliance with certain minimum standards of health and safety for the prevention of occu pational hazards and the safeguard of industrial health. The Penn sylvania Occupational Disease Act of 1939, considered below, is a different type of industrial health statute. Whereas the laws dis cussed previously are preventive and penal in nature, the occupa tional disease law is invoked only after an employee has been dis abled or has died from a compensable occupational disease. Be cause it is natural that an employer, aware of a potential financial loss from an occupational disability or disease suffered by an em ployee, will attempt to lessen this financial burden by incorporat ing sound industrial health procedures within his plant, it may be said that there is probably a greater effort by industry at this time to prevent the occurrence of compensable diseases than those dis eases which are not compensable under the existing Occupational Disease Act. 18 See note 3, supra. INDUSTRIAL HEALTH 449 Occupational diseases first were made compensable in this Slate in 1937.16 The 1937 statute was an amendment to the Workmen's Compensation Act of 1915, and specified particular occupational diseases which were to be compensable. The 1937 law was repealed in 1939, and the present Occupational Disease Act enacted in the same year. The Occupational Disease Act of 1939 is separate and apart from the Workmen's Compensation Act of 1915. The Workmen's Compensation Act undertakes to compensate an employee or his family for disability or death which results from an accidental injury in the course of his employment. The term "accidental in jury" has been defined by the Pennsylvania courts to contemplate a specific unexpected and unforeseen occurrence or event." The Occupational Disease Act, on the other hand, contemplates a dis ease resulting from the gradual effect of s|>eciiic poisons or other deleterious substances in any employment involving direct contact with or exposure to such substances. The Occupational Disease Act of 1939'* provides compensation for the following diseases only in any occupation involving direct contact, handling or exposure to the poisons or other substances specifically named: a. Poisoning by arsenic, lead, mercury, manganese, or beryllium, their preparations or compounds; b. Poisoning by phosphorus, its preparations or coni|Miunds; c. Poisoning by methanol, carbon disulphide, hydrocarbon dis tillates (naphthas and others), halogenated hydrocarbons, or any preparations containing these chemicals; d. Poisoning by benzol, or by nitro, amido, or amino derivative of benzol (dinitro-benzol, anilin, and others), or their pre|>arations or compounds; e. Caisson disease (compressed air illness) resulting from engag ing in any occupation carried on in compressed air; f. Radium poisoning or disability, due to radioactive properties of substances or to roentgen-rays (x-rays); g. Poisoning by, or ulceration from, chromic acid, or dichromate of ammonium, dichromate of potassium, or by chromate of sodium, or their preparations; 18 Act of July 2, 1937, P.L. 2714. 17 Sec, e.g., Lacey v. Washburn & Williams Co.. .109 Pa 574, 164 Atl 724 (1933), Sachs v. Mitchell, 131 Pa Super 138, 199 At! 229 ( 1938) 18 f 108, as amended, 77 P.S. I 1208. 450 PUBLIC HEALTH fAWS h. Epitheliomatous cancer or ulceration due to tar, pitch, bitu men, mineral oil, or paraffin, or any compound, product or residue of any of those substances; i. Infection or inflammation of the skin due to oils, cutting com pounds, lubricants, dusts, liquids, fumes, gases, or vapor; j. Anthrax occurring in any occupation involving the handling of or exposure to wool, hair, thistles, hides, or skins, or bodies of animals either alive or dead; k . Silicosis or anthraco-silicosis (commonly known as Miner's asthma) in any occupation involving direct contact with, handling of or exposure to dust of silicon dioxide (SiOa); l. Asbestosis in any occupation involving direct contact with, handling of, or exposure to the dust of asbestos; and m. Tuberculosis in the occupation of nursing in hospitals or sanitaria involving exposure to such disease. Since the act specifies the particular poisons or other substances which are included in the term "occupational disease," an employee who is disabled or who dies from the effect of a disease not specified in the statute would not be entitled to the compensation afforded by the act. This does not mean, however, that the employee or the employee's family in case of his death would be without any remedy at all. Pennsylvania case law recognizes the right of an employee to bring an action for injury occasioned by disease, provided that the disease was contracted in his employment and was due to the negli gence of the employer.19 It is true, of course, that the remedy is often unattainable because of the defenses of contributory negli gence and assumption of risk which may be asserted against the employee, and also because of the difficulty of proving that the disease resulted in the course of employment. Sections 306 and 307 of the Act set forth the amount of compen sation payable for disability or death. The employee, to be entitled to compensation, must have suffered disability or death in the course of his employment from direct contact with or exposure to the particular occupational disease. In order for compensation to be granted it is necessary that the employer amf the employee accept the provisions of the act.20 The manner of acceptance of > BU b v. Allegheny Steel Co.. 328 Pa 97, 195 Atl. 110 (1937). Sec also, Boblen. The Com mon Law Right of A t tb n for Occupational Disease m Pennsylvania, 63 U. of Pa. L. Rev. (1914). 10 Occupational Disease Act, I 301(a), as amended, 77 P S | 1401(a). INDUSTRIAL HEALTH 451 the act, and the presumptions of acceptance in the absence of ex press rejection, are dealt with in Section 302.21 The provisions of the act which deal with silicosis, anthracu silicosis and asbestosis are particularly stringent. In order for com pensation to be granted for total disability or death resulting from silicosis, anthraco-silicosis or asbestosis, the employee must have worked four years in this State during a period of eight years preceding the date of disability, in an occupation having a silica or asbestos hazard. It is also necessary that the disability or death be caused by silicosis, anthraco-silicosis or asbestosis, or by silicosis, anthraco-silicosis or asbestosis, when accompanied by pulmonary tuberculosis. The more stringent requirement that the disability or death result "solely" from silicosis, anthraco-silicosis or as bestosis, as contained in the act as originally enacted, was removed by an amendment of 1952. No compensation is payable for partial disability from silicosis, anthraco-silicosis or asbestosis.22 The act imposes a joint liability upon the Commonwealth and the employer where the occupational disease develops to the point of disablement only after an exposure of five or more years. This particular requirement of the act has been construed to pre clude an employer who makes voluntary compensation payments prior to an award from recovering the amount owed by the Com monwealth for such payments. Each employer who is liable to pay compensation must be insured in the State Workmen's Insurance Fund or an authorized insurance company, unless the employer is able to satisfy the Department of Labor and Industry that he has the necessary financial resources to meet any payment without insurance coverage.3* An employee entitled to compensation under the Occupational Disease Act may forfeit his rights by failing to give the employer notice of his condition within the time required by the law, or by failing to file a timely claim petition whenever the employer and em ployee are unable to agree upon the amount of compensation pay able. Until notice is given to the employer of the disability, no com pensation is payable at all. Although the act states that failure to notify an employer within 90 days after the beginning of the disabil ity bars the right to compensation, this provision has been judicially construed to mean that notice is properly given if the employee 31 Id at | 302, 77 P S | 1402. *2 Id at | 30 1 (d )-(e), 77 P S . | 1 4 01(d)-(e). *8 Id. at | 308, as amended, and | 305, 77 P S . | 1408 and | 1405 452 PUBLIC HEALTH LAWS notifies the employer within 90 days from the time the employee discovers that he is disabled.'* While the claim of an employee may be barred by the failure to give notice as specified in the act, this failure has been construed not to bar the claim of the employee's family. The right of the family under the Occupational Disease act is independent and not derivative. This construction is the same as that given to the comparable notice provisions in the Workmen's Compensation Act. The employee is barred of his right to compensation unless within one year after the disability begins the parties have agreed upon the compensation payable or unless one of the parties has filed a claim petition before the Workmen's Compensation Board. This one year lime limitation is also applicable to death resulting from occupa tional disease/0 The administration of the act is the function of the Workmen's Compensation Board, the Workmen's Compensation Referees, and the Workmen's Compensation Bureau in the Department of Labor and Industry. The Workmen's Compensation Board is a quasi judicial, administrative body, which was created under the authority granted by the Workmen's Compensation Act of 1915. The Board hears and determines petitions and appeals from the decisions of the referees in contested workmen's compensation cases. The Board consists of three members appointed by the Governor. The Secre tary of Labor and Industry is an ex officio member who does not participate in the cases presented to the Board for its decision. Cases are presented initially to a referee. Claimants may appeal a decision of the referee to the Workmen's Compensation Board. Petitions, other than claim petitions, are heard by one or more mem bers of the Board, or assigned to the referee for a hearing.156 A d m in ist r a t iv e R u l e s an d R e g u l a t io n s Many administrative rules and regulations have been promulgated by the Department of Labor and Industry to implement the several industrial health statutes which the Department enforces." A ** W. at | 311, 77 P S . | 1411. See Tracey v . M & S. Coal Co., I6S Pa. Super. 569, 69 A 2d 184 (1949), and Valent v. Berw'md-W kite Coal M ining Co., 172 Pa. Super, 305, 94 A. 2d 197 (1953), as upholding rule th a t the ninety-day limitation begins in run from time th at employee definitely knows that he is disabled. aB Id at | 315, 77 P S . | 1415. ! l Id. at I I 403 to 434, 77 P S fl| 1503 to 1534 27 As of 1950 some silty "safely regulations11 had been promulgated by the De INDUSTRIAL HEALTH 453 complete listing of the regulations issued by the Department of Labor and Industry is not made here. Two regulations deserve mention. The first deals with industrial sanitation and is applicable to every factory in this State.28 A factory is defined as "any building or part thereof which is used as a workshop for one or more employees, where the work is performed or where a product is manufactured or assembled, including the making, altering, repairing, finishing, bottling, canning, cleaning, or dying of any article or thing in whole or in part." All factories must be maintained in a clean, safe and sanitary condition. The regulation specifies the type and number of retiring rooms and dressing facilities for women employees; the physical layout of toilet rooms, water closet compartments and urinal com partments; the number of water closets to be provided in a plant; the required ventilation for toilet rooms or washrooms; and the washing facilities required. Cool, pure, and wholesome water of a quality approved by the State Department of Health must be sup plied for the employees. In each industry in which the worker is exposed to heat, humidity or dust, the employer is required to provide a sufficient number of shower baths. Dressing facilities for workers who are engaged in handling poisonous materials, or who are exposed to injurious dust, fumes, heat, humidity, or fatigue, also must be provided. The second regulation concerns nitro amido 29 This regulation requires that each applicant for employment as a process man must be physically examined by a licensed physician at least once every 30 days, and also before resuming work after an absence from the plant due to sickness, accident or other cause. The regulation requires the examining physician to request the factory manager or a superintendent to suspend from work any worker who is believed to be suffering from poison. It is the further duly of the physician to report a case of poison to the Department of Labor and Industry. There is no provision in the regulation which requires a copy of the report to be sent to the State Department of Health. partm ent of Labor and Industry. These regulations cover, among others, foundries, compressed air apparatus, plants m anufacturing or using explosives, industrial lighting, labor camps and industrial homework 28 This regulation was prom ulgated In 1950 2ft T his regulation was prom ulgated in 1958 V 454 PUBLIC HEALTH LAWS SUPPLEMENT C lJ APTEft X I (Fuotnotes in Supplement correspond to Chapter footnotes containing statutes affected hy 1955-1956 legislation. Where a new footnote is added in the Supplement, it bears a letter to the right of the number (e.g., la), and the page and line in the text of the Chapter tu which the footnote relates is indicated.) Nate 3---The Occupational Disease Act was eitensively revised by Act No. 3SS, ap proved February 28, 1956. Page 439--<Ae public health < The Bureau of Industrial Hygiene** In the Depart- * Under the reorganization of the State Department of Health, effective May 28, 1956, this agency is now the Division of Industrial Hygiene in the Bureau of Environmental Health. This Division contains an Air Pollution Section and an Industrial Health and Sanitation Section. The latter unit now per forms the work of the former Environmental Cancer Section. See chart at the beginning of Chapter I. Page 439--Cancer Section operate under the Bureau of industrial Hygiene tb -h See note 6a, supra. Note 9--The Workmen's Compensation Act was extensively revised by Act No. 356, approved February 28, 1956. Note 10--See note 3, supra. -* Page 448--more particularly the Bureau of Industrial Hygiene** in that Depart- l4m See note 6a, supra Note 15--See note 3, supra. Page 448--Disease Act.*5a 1Da Act No. 355, approved February 28, 1956, adds the fallowing provision to the schedule of compensable occupational diseaaea under the statute: "All other occupational diseases (1) to which the claimant is exposed by reason of hia employment, and (2) which are peculiar to the industry for occupation, and (3) which are not common to the general papulation. Far the purposes of this clause, partial loss of hearing due to noise shall not be considered an occupational diseaae." By virtue of this amendment, an employee may now be eligible for com pensation for any occupational disease contracted as a result of his employ ment where the disease is peculiar to the particular occupation. The amend ment serves to make the Pennsylvania statute conform to the majority of state occupational disease laws. Note 18--See note 15a, supra, for the broadening oi this statute by Act No. 35S, ap proved February 28, 1956, which provides far compensation for additional occupational diseases nut specifically listed in the law. The provisiun relating to tuberculosis was amended hy Act No. 488, ap proved April 20, 1956, 1o read as (allows: "(m) Tuberrulusis in the occupation of nursing or auxiliary services involving expusure to such disease." See Supplement to Chapter IV, note 1J9. INDUSTRIAL HEALTH 4SS Page 450--by the act.,aa This does not mean, however, that the employee or ike ,B* See notes 15a and 18, supra. Page 450--sation payable for disability or death.180 The employee, to be entitled 19a- Act No. 355, approved February 28, 1956, increased the amount of compensa tion payable for disability or death. Page 451--worked four years in this State during a period of eight years*lo 2,a Act No. 35S provides that an employee must have worked only two years In Pennsylvania during a period of ten years n u t preceding the date of disability in order to be eligible for compensation for silicosis or asbestosis. Page 451--notify an employer within 00 days*** after the beginning of the disabils8a- Tbe time within which notice must be given was increased to 120 days by Act No. 355. Note 25--The period for filing of claims for compensation was increased to 16 months after the compensable disability begins or 16 mouths after death resulting from an occupational disease by Act No 355 For the judicial Interpretation of the period of time within which claims must be made for compensation resulting from disability or death from an occupational disease, see Ciabaltoni v. Birdsboro Steel Foundry & Machine Co, 386 Pa. 179, 125 A 2d 365 (1956).