Document k6edXeM4e5QgbaDQQXQqLp1N0

322 Ticemtfsecond Congress--National Safety Council 1 WTul shall be done with die sorixrt known to possess dusty tangs? In late mretths many employers in dusty trades have procured routine x-ray exami nations g{ all employees. Out of every hundred undisabted men, prpperly examined, a Uir lercmttce is likely to present some degree cf dear-cut (meumocaniusis. Mint is to he done with such men? Many are not disabled. Some are outstandingly hale and hcany. Shall they be told of their state? Many arc likely to develop mental quirks and neuroses. Some trill take an unfair advantage of the employer through rtahns. A small consensus of mature and fair-minded opinions as to appropriate artwa fee this very time may be qaionniri as follows: Seek to citsnhotc further exposure to the dost hazard. Do not apprise any endisabled workman of his condition. Make repeated x-ray examinations at about six months intervals. U advancement of the condition appears, then take action suited to the mdiridsol case. Otherwise keep these men at some work. 1 Are negroes more susceptible to dusty lung diseases than whites? X know <( net large series of cases arising raider identical conditions in this country among whites and negroes that prove the negro to he more readily involved by dusty long diseases. The negro is more susceptible to tuberculosis than his white fellow workman. His hogging b likety to he on a tower plane. His exposure to tuberculosis is prone to he greater than in the case of the average while man. On account of this background, the negro at this time is rated as a greater risk in the foundry than whites under conditions of cqtal exposure. 4. How necessary are dust counts in detecting hazardous work points in a plant; The dust counter has established itself as the best available yardstick for the deter mination of different (pantilie* of dust in the atmosphere. Like so many cnslituttents in its class, the dust sampler and counter has been slortfittl far beyond its real merits. Opportunities frw errors are legion. Legal standards based on present dust counting methods are utterly futile. XotwhhJFtandmg many pitfalls, however, the dust counter is a roost valahle instrument. It finds its greatest usefulness in discriminating bctweoj much dust and link dust: improving the efficacy of preventive measures and devices; in the determination of the carriage of fine dust into non-dustv departments; is the detection of unsuspected dusty work points. 5. In litigation what roedkal defense may he involved? Without presuming any qualifications m the domain of law. the plant physician, the safely engineer or the employmail manager may be called upon to furnish attorney* all possible information in preparation for trials. Below I am listing a nmidwr of items that are in prospective use or hare been used m various instances: fa) Dotal of the existence of dusty lung disease: Recently in the examination of a sample of 20? films -of men exposed and unexposed to dust, one was singled out as exceptionally free of even usual amounts of fibrosis. This fihn was examined as an unknown, as were all others. Later it was taunted out that the workman from whom this film was made was a litigant .demanding a large sum of money on account of an alleged silicosis. Similarly, about four out of every five litigants alleging dusty lung disease are in fact free of such diseases. The claim* arc spurious and may be proved so by appropriate examination* carried out by qualified investigator*. fb) The 'denial of disability nr prospective disability: A large number of work men whose hmgs show some signs of dusty action are not incapacitated and no proof exists that real disability is an early prospect. (c) The denial of neglect: Many of the true cases of dusty lung disease have been developing over long periods of years such as 15, 25 or 40. Since the iw****i pro- J/rftffr Section 325 fession has professed scant knowledge of these diseases during these pcru<d*. it is unreasonable to believe tlat the industrialists could have possessed more. Inevitably it follow that operators of dusty industries may not be presumed to have possessed earlier and greater information of these occupational diseases than physicians, indus trial hygienists, state health departments, state factory inspectors, and other agencies devoted to health conservation. Xo industrialist may be charged with neglect fnr failure to supply protection against an insidious disease unknown or little known to the medical profession. Even at this time the average physsetan possesses the most meager information as to these conditions. (d) The origin of the doty lung disease in previous employment: Manifesting it is unjust that a few weeks of employment m some rate foundry shmrid he held re sponsible for a well established dusty lung disease when antedating this employment, (here have been years of eaqiawrc to sirmlar work in other plants.. (c) The origin of the dusty lung disease from causes other than industrial em ployment : In some localities over the country it seems probable that sufficient dust may arise from roads, farm work, etc* to induce characteristic involvement of the hmgs. (f) The actual quantity of dust present tn an industry is hdour any reasonable threshold oi probable production of damage: The mere fact that an industry or de partment ts classified as a dusty operatirm is not in tiseft proof of the possibility of development of pneumoconiosis. The nature and extent of t>rutectivc devices may folly exculpate the plant ns a practical hazard. Dust enunt methods have certain un deniable limitation*, but this form of testing along with tests of the efficacy of ven tilating apparatus may be utilized on occasion wholly to eliminate any jtmifieaticn for contention tint the air dustiness prevails. <g) Diseases other than pneumoconiosis fully may account for abnormal state m the hmgs. or other chest content*: At least irn other diseases may so stimulate pneu moconiosis as to penult confusion and error. Among others are fungus diseases, tuberculosis, especially disseminated tuboculosi*. cancer, syphilis, pleurisy with calci fications, certain types of unresolved pneumonia. In additkm, claims are known to have arisen alleging pneumoconiosis when in fact the pathology centered about soch unrelated conditions as aneurysm, mediastinal tumor, anaphylactic asthma, valvular heart disease, etc. (ft) SDkx is not a poison; Jo some states dains.at law* must be based upon acts applicable only to poisonous substances. What constitute* a poison ts a matter nt definition. At the present time, the host thought as to the action of silica within the longs ts unfavorable to acceptation of it as a poison. IVimarfly. silica actmo is physical rather than dinned. (k) Pneumoconiosis docs n;4 constitute an accidental injury: In muhc instances it has been contended that dusty lung slates arc accidental injuries. Such specious argument* ordinarily arc put forth in effort tn obtain compensation m pnlhtci! states where no proviskots arc made (or occupational diseases. To the creitrary. every valid concept |*ro*upti a recognition of the pneumoconiosis and occupational diseases. Tlicsc several defense hems are of course not set out as laving any dement of the panacea. However, on occasion some one or more may play a helpful part in ded icating some of the cases now pending, richly deserving defeat.