Document m69r6R41K0ynojO5baGX0ved

FILE NAME: Owens Illinois (OWILL) DATE: 1935 Jan 15 DOC#: OWILL059 DOCUMENT DESCRIPTION: Conference Presentation - Silicosis Trogram-> SYMPOSIUM ON DUST PROBLEMS Tuesday, January 15, 1935 The University Club, 1x3 University Place, Pittsburgh, Pennsylvania R E C E I V E D TIM E MAY. 16. 1 ; 45PM Chairman, W il l ia m P. Y a n t , Supervising Engineer, Pittsburgh Experiment Station, U. S. Bureau- o f Mines M O R N IN G SE SSIO N -- 9.30 A.M. i--THE PRESENT D A Y SITUATION: M r . A. C. H i r t h , Williams, Eversman & Morgan, Toledo, Ohio. 2.-- T H E M E D IC A L V IE W P O IN T : (a) Dr. E ugene P. Pendergrass, X-Ray Laboratory, University Hospital, Philadelphia, Pennsylvania. (b) Dr. A . J. L anza, Assistant Medical Director, Metropolitan Life Insurance Co., New. York, N e w York CO D r . R. R. S a y er s,. Medical Officer in Charge, U. S. Public Health Service, Washington, D. C. T \ B U F F E T LU N C H E O N -- iz.30 p .m. M ain Dining Room, University Club Courtesy o f Mellon Institute A F T E R N O O N SESSIO N -- x:oo p.m . 3-- PRECAUTIONS: (a) Prop. Philip Drinker, School o f Public Health, Harvard University, Boston, Massachusetts. (b ) M r . F . R obertson J ones, General Manager, Association of Casualty and Surety Executives, New York, New York. 4-- O P E N D ISCU SSIO N S, led by: (a) D onald E . C ummings, Assistant Director, Saranac Labo ratory for Study of Tuberculosis, Edward L . Trudeau Foundation, Ironwood, Michigan. (b) D r. Samuel R. Haythorn, Director, Singer Memorial Laboratory, Pittsburgh, Pennsylvania, RECEIVED TIME MAY. 16. 1:45PM THE PROBLEM By Alfred C. Hirth '^ of Williams, Eversman & Morgan v Attorneys :\ This nesting has been oailed to provide affected in dustries with on opportunity of discussing a common problem and of oonsidering ways and neons of solving it# I have been advised that it is a family meeting in whioh we nay oall a spade b y its rightful name with the assurance that we will not be quoted in the press or elsewhere. 1 do not for a minute pretend to be an expert on silioosia. I am far too near home to make any such pretension. However, for the last two years, 1 have devoted ny entire time to the various aspects of the silioosls problem. This has in eluded the trial of oases, the formulation of legislation, super vision of corrective engineering and the sotting up of:adequate medioal programs to safeguard both employees and employers* The experienoe Z have gained in this work has brought me a realization of the enormous proportion of industry's problem in so far as its dust hazard is oonoerned. That whloh was a rather disturbing possibility three years ago, has now beoams a grim reality and one that requires concerted and well direoted action. If I con R E C E I V E D TIME MAY. 16. 1:45PM loavo that single thought with you, I will feel that my offorts have been well spent and hope that in doing so I will have rendered you some service. Goldberg of Columbia, states that "The importance of dust as a factor in occupational mortality has attracted the at tention of every authority on occupational diseases from R a m a i n i to Sir Thomas Oliver* It requires no extended consideration to prove that human health is muoh influenced by the oharaoter of the air breathed and that Its purity 1b a matter of very considerable sanitary and econamio importance* Aside from the risk of exposure to so-oailed air-borne diseases, the pollution of the atmosphere by orgsnio and inorganio dusts Is unquestionably the oause of a vast amount of ill-health and premature mortality, ohiefly among men. and women engaged in the many indispensable trades and oooupations that minister to human needs* The sanitary dangers of air contaminated ' *V , by disease-breeding germs are possibly not so menacing as generally assumed, while the destructive effects of the dust-laden atmosphere of faotories and wor k s h o p s are a deoidedly serious menaoe to health and life**1 Disability resulting from the inhalation of any of these various dusts may result in liability on the part of the employer, the extent of which is now being demonstrated by the epidemio of ailioosls oases* The serious situation in which industry finds it self is a result of our l&ok of knowledge of the extent md even of the existence of the hazard and the means which should have been R E C E I V E D TIME MAY, 16, 1:45PM -3' employed to remove it* I o a m o t feel that Industry should be called upon to pay the bill. Jty feelings, however, aro unim portant in view of the very definite notions to the oontrary entertained b y moat juries. The rapid spread of these oases is sufficiently serious to present a question of national importance. It is the purpose of this meeting to diaouss this problem intelligently, find out where we aro and where we are going from here. You will be ad dressed by individuals who are ejcperts in the particular phase of the problem whioh they will present, I will confine my paper to a general picture of the entire situation, my thought being that the technical papers can be followed more easily if you have a general background first* In treating technioal questions, 1 shall try to do so in nonteohnioal language, 1 will not attempt to give a soientifioally sound treatise on the subject, but as I have already said, will content myself in giving you a rough pioture. There may be industries represented here whioh do not use any free silioa in their process and most of ity remarks wil} be direoted to silioosis whioh so far as we now know is caused solely by the in halation of free silica. The principles involved, however, aro equally applicable to all dusts. The disability, if any, result ing from other dusts may vary in intensity and in ohar&oter, but fundamentally, the problem will be the same. For the sake of oonvenienoe, I will present the problem in seotions* First in order shall be "Silioosia, Its Cause and Effect" j Seoond, "The Basis of Employer Liability" ; Third, "The R E C E I V E D T I ME MAY. 16. 1 : 45PM legislative Aspect", aw* Fourth, "The Elimination of thfl Hazard."# Sillooais, Ita Cause and Effect / There are innumerable dusts whioh find their way into the human lung resulting in varying degrees of harm. The general tern wpneumonooaaiosisM is applloable to all dusty lungs irrespective of the oharacter of the particular dust inhaled and is the Greek tern for ndusty lungs". The deleterious effect of the inhalation of dust was well known to the ancients Pliny (B. C. 23), the poet, Luoretius (B, 0. 96), Paracelsus (1534$, Agrioola (1566), and many others were ao impressed by it that they mentioned it in their writings. Agrioola statea that it was not uncommon to find woran in the mining districts who had married seven times and there were no divoroes in those days. The Colorado miners have for years referred to certain dust producing air drills as "widow makers". It was not, however, until very reoently, about 1912, that worthwhile research and olinieal work were undertaken. The appalling effects of mineral dust on the workers in the gold mining districts of the Rand, South Afrioa, stimulated and initiated a world-wide study and research in silicosis, culminating in the International Conforenoe on Silicosis, held in Johannesburg in 1930. The general field of pneumonoooniosis is divided into numerous emaller fields depending on the character of the dust finding its way into the lungs. Thus, wo have anthraoosis, resulting from R E C E I V E D TI ME MAY. 16. 1:45PM the Inhalation of hard ooal dust, bituminosis from soft ooal dust, asbestosis from asbestos dust, siderosis from iron dust, and numerous other olassifioations. The chief concern of industry is centered around silicosis resulting from the inhalation of silica dust, because it is this duet that causes disability* Of the various oses I have referred to, we are now advised that asbestosis is perhaps the only one in addition to silioosis whioh is disabling. It may be that in the future we shall find other disabling dust diseases* At present, however, we can confina our attention to silicosis* For a better understanding of the problem, it might be well to oonaider very briefly and nontechnically the process from whioh. this disease results* All air contains a certain quantity of silioa dust* As a matter of f aot, about sixty per cent of the earth's crust is composed of silica, A baby as young as eleven days old will have some minute silica deposit in its lungs and the normal city dweller will during his lifetime accumulate in his lungs millions of partiles of such dust which, however, will not in any way disable him* So it will be seen that the mere exposure to, and inhalation of silica dust does not necessarily result in the contraction of silioosie* The human lung and its various defensive organisms are so oonstruoted that only very minute partiles of dust oan gain entrance to the air sacs of the lung. We are only oonoernsd R E C E I V E D TIME MAY. 16. 1:45PM V LUUU U L V L ' s/\J i n I I U M I U V O U 1 *J 1 I i v l W f n A nu, m c c u o i 1 4 0 r. us *6- With partiles sufficiently small in size "bo gain such, entrance. Xu no oaae oan such particles be larger than ten miorona in their longest dimensin* Medioal soienoe is reasonably well satisfied that most of the partiles oausing harm are less than three microns in their longest dimension* A micron is l/25,000 of an inoh so it is quite possible that the harmful dust may be invisible* Ini addition to the size of the partiles, the dust to be harmful must be of a sufficient oonoentration, which is measured by the number of partilas contained in a aubio foot of air Authorities have stated that a oonoentration of five million partiles of free siliea less than ten microns in size is not harmful, and that any greater oonoentration constitutes a hazard. Dr* Boialiniere has described the physical process so oImply and olearly that I shall borrow his ideas in presenting It to you W h e n these minute partiles of dust enter the air saca of the lung, they are soon enveloped by phagooytes whose function it is to remove them from the air sao and carry them.into the sewage system of the lung. These -reblles travel along the highways and byways of the lymphatio system attempting to reach their proper destination outside the lung proper. Enroute there are lymph nodes or aggregations of lymphoid tissues or cells which aot as traffic oops, allowing same of the vehicles to continue to their destinations but holding up others. The arrivals may be greater than the departures resulting in a veritable traffio jam at these planes. This will ocour more readily if the lymph nodes have by previous infections, such as early tuberculosis, bedoas filled, R E C E I V E D TIME MAY. 16. 1:45PM T calcified. or fibrosed. W h e n these dust oells beoome lodged in the lymph spaces, nature engulfs them in & fibrous tiesue* As more and more dust beoomes colleoted, the fibrous tissue increases in density and after sufficient dust is inhaled, these fibrous tissues will increase even though no additional dust may find its way into the lung. Fibrous tissue corresponds very nearly to scar tissue and as it becomes more massive, the lung loses its slaatioity and becomes rigid* The resulting condition is silicosis* In the interest of simplicity 1 will refer to the various phases of the disease itself, by reference to the original American Medico-legal classification of 1st, 2nd and 3rd stages* The 1st stage oocurs where the disease is in its infancy and if the employee is removed from the hazard, it will not progress and no disability is involved. The 2nd and 3rd stages are much more developed and may result in a real disability. If either of these stages has been reaohad, the removal of the man from the hazard will usually not cheok the progress of the disease, nor is it subjeot to any satisfactory treatment* 3rd stage cases are very frequently fatal and sometimes the individual dies in the 2nd stage without ever having reaohed the 3rd. Death, however, usually results from some other complica tion* Because of the fact that the lymph or sewage systems of the lungs are largely blocked off end rendered inert by their deposited silica dust and scar tissue, the lungs are no longer able to combat infection* The most common lung infection is tuberculosis which is R E C E I V E D TME MAY. 16. 1:45PM contracted by many eiliootios and is the immediate cause of their death, although it may fairly be said that 'were it not for the pre-existing siliooeis, the tuberouloaie would not have been contract ed. Tyx-jpnonc^XKyjpcwnq g x ntx rTinannqpr^nftfrajnflpnamnp^^ It is important that we all appreciate the seriousness of the situation with whioh we are faced. Silicosis is a very real ailment and at the present time presents our greatest in dustrial hasard which, if not properly controlled, will result in the financial ruin of many oompanies. A t the present time, there are pending oases in this country in which damages asked for aggregate far in excess of $50,000,000.00. In South Afrloa $55,000,000.00 was paid to silicotic olaimants in one year and it is now estimated that onofifth of the total ooat of producing gold in that area consists in the payment of silicosis claims. The possibilities of an epidemic of silioosis olaima is very well illustrated in one of our large industrial centers. The litigation in that city is almost entirely in the hands of two lawyers. During the year 1932, one of these lawyers is said to have received in fees from these cases, the sum of $100,000.00, and was not required to try any great number of them. He still has R E C E I V E D TI ME MAY, 16, 1 : 4 5 P M pending in his files some five hundred additional olaims whieh have not yet "been settled* Beoause of this flood of pneumonoooniosis oases, am-, ployera generally have oone to regard this sort of litigation as a Mraokat", With this feeling, 1 am very much in sympathy* There oan be no doubt that shyster lawyers have solioited literally hundreds of employees to bring actions of this kind, in many of which there is not the slightest trace of injury* These same lawyers, with the assistance of their twin brothers in iniquity, the quaok dootors, have prosecuted some of these oases to success ful oonolusions and have foroed ethers to unconscionable settle ments* However, these faots and the use of this label must not lead you to believe that you are dealing with a situation in whioh the fraudulent oases can be defended on the grounds of be ing a racket or in whioh there oan be no bona fide oases with at tendant liability* Suoh an attitude of TMlnd is highly dangerous. There are bona fide oases in whieh the plaintiffs are represented by lawyers of ability and integrity and in whioh there may or may not be liability, depending upon the particular faots of each case. Basis of Employer Liability ''V ^ In & general way it may be said that liability in these oases may arise under the doctrines of the common law, under the statutes whieh have been passed in the various states to proteot the health of employees or under the provisions of workmen1s compensation and occupational disease aots* R EC EIV ED TIME MAY. 16. 1:45PM Coiaaon Lear Liability r. -0 The common low oonsista of those principles and rulas of action which from time to time have been adopted and acted on by the oourts when administering justice in oases not governed by any written law. One of the principles established by the oourts under the common law is that which requires employers to furnish their employees with a reasonably safe place in whioh to work Originally, this doctrine applied only to the safe guarding of machinery and appliances from whioh accidental injury might occur Zt has now been broadened, however, so as to inolude anything whioh may be injurious to the employees' health* It is the failure on the part of the employer to provide a reasonably safe plaoe to work whioh gives rise, at common law, to liability in silicosis oases HThethar the employer should be held liable for injuries to his employee's health resulting from failure to provide a reasonably Bafe plaoe to work depends on whether the employer had knowledge of the existence of such danger, or whether, In the exeroise of reasonable care, he should have had suoh knowledge. The dangers of many manu facturing prooeHses to the health of workmen have been a matter of common knowledge as long as industry has been in existence* The dangers of other manufacturing processes, however, have not been well known for very long, and this lack of knowledge should weigh heavily in favor of the employer in determining whether he has provid ed reasonable protection for .his employees It is a defense REC EIVED TIME MAY. 16. 1:45PM -1 1 - whieh t o can. strongly urge, but one upon whioh t o cannot too strongly rely. Assuming that employers should have known of the dangerous oharaoter of certain dusts, the question still remains as to whether reasonable protection against suoh dangers has been provided. This is a question of faot ordinarily for the determination of the jury. The various proteotive devises and equipment idiioh have been adopted by the industries generally, or by a partioular industry, furnish some evidence as to whether a given plant or factory is a reasonably safe place to work This evidence is not oonolusive, however, sinoe an entire industry may be held to have been negligent. Eaoh oase must stand or fall on its own facts. A plaee whioh would be regarded as reasonably safe when the hazard was unknown or little understood would not be so considered after the hazard had become known to the employer or was suoh that he should have known it. In other words, you might possibly be excused for your past act3 of omission but 'those days are gone forever.* * Liability Under Statutes In many states, statutes have been adopted prescribing certain safety devioes and methods for the protection of employees from dangers arising from the inhalation of dust. Failure to oon- form to these statutes is negligence as a matter of law, ad if it be shown that the disability ooaplained of was a direot result of suoh negligence, plainbiff very probably will reoover judgment# R E C E I V E D TI ME MAY. 16. 1 : 45PM W<lH '91 'AVW 3WI1 03A1333i) -12- The statutes of the various states differ greatly in detail, and I shall not attempt to enumerate them. Generally speaking, they inolude one or more of the following provisions requiring the installation of dust eliminating equipment; the providing of approved respiratorsj the furnishing of working olothing for employees; the examination of employees monthly by a physioian; the furnishing of dressing roams, lavatories, hot and oold showers, and various other toilet faoilities; the whitewashing of the inside of plants and factories, etc. It is perfeotly apparent that many of these provisions were not intended to be and should not be applied to plants produc ing those dusts whioh are capable only of produoing silicosis & b opposed to those dusts which are in themselves generally regarded as poisonous. It iB against the latter dust that many of these provi sions are designed to afford protection. Notwithstanding this fact, in a number of recent silicosis oases the jury were permitted to consider any violation of these statutes In determining whether or not the employer had been guilty of negligence. This presents a highly hazardous situation. If a jury finds that the employer has been guilty of some negligence, they probably will go further and find that the injury complained of is a direct result of suoh negligenoe; and the finding will be sustained by the oourfc if there is some evidence in support of it, even though there be strong evidence to the contrary* IIWIU I V 9 W M J k i 1 V I 1U i i in n w i i i i . c u l l i i ^tu -15' Each of you should determine what statutes and state regulations may govern your operations so far as protection of employees from the deleterious effects of dust are concerned, and the greatest care should be exercised in oonforming thereto, to avoid placing yourselves in the situation I have Just described* Liability Under Compensation and Occupational Disease ActB* Workmen's compensation acts generally are designed to provide compensation for employees who have suffered accidental \ injury* In a very few states, beoauee of the terminology used in the aots, they have been oonstrued broadly enough to include silicosis* In addition to workmen's compensation aots, some states have adopted occupational disease acts whioh in principle are very olosely analogous to the compensation acts, but which pro vide for compensation either for occupational diseases generally, or for oooupational diseases specifically named in the aots, suoh as anthrax, lead poisoning and many others* Some of these statutes include silicosis as an occupational disease* At the present time, I believe that in California, liar}'-land, Connecticut, Massachusetts, North Dakota, Wisconsin, and the Distriot of Columbia, silicosis is compensable either under the workmen's compensation act or under the oooupational disease act* In several states, bills are now pending to make silicosis compensable under one or the other of these aots. R E C E I V E D TI ME MAY, 16. 1 : 4 5 P M U V U U iU i l iV ilM I 11(1 llUi i U L L U U ! L'iU r. i -1 4 - q/ The Legislative Aspect 'V Legislation of this eharaoter is the strongest bulwark you oan erect against future disaster* It has been recommended by the League of Nations and has been adopted by many of the great in dustrial countries* In our country. Congress has very limited powers in dealing with this problem and the individual states have been woefully lacking in ooping with the situation and I cannot urge too strongly that you give your active support to properly drawn bills seeking to males silicosis oampensable* s In 'England and many of her dominions mhioh have had ex tensive experienoe with silioosis and kindred diseases the disabilities have been made oompeasable under oooupational disease acts and tha system generally has been very successful* Under such aots the vioious situation with whioh we are now faoed, the filing of thousands of actions for damages by ambulanoe-ohasing lawyers would be largely if not entirely eliminated* The shyster lawyer will foment litiga tion only so long as he will reoeive a substantial portion of the / recovery. As soon as his fee beoomes a negligible quantity, then^) / and then only, will his interest cease. Under many of the better drawn compensation aots, legal fees are strictly limited* The elimination of large legal fees 1b a real benefit to the employee* Under properly drawn compensation acts, the in jured man or M s dependents are those who reoeive the benefits, not the lawyers and expert witnesses used in the prosecution of the case* R E C E I V E D TI ME MAY. 16. 1 :45PM 15- This benefit ia also shared by the employer. Litiga tion of this charaoter is very expensive. In a reoent oase tried in West Virginia for silicosis, the trial lasted for eight Weeks and resulted In a disagreement by the Jury, thereby necessitating a repetition of the whole process. The expense of trial in one case with whioh I am somewhat familiar was in excess of $25,000.00, and the case was one where there was no liability. Under compensation acts the compensation is payable in installments. In most oaseB, if it is found that the award was unwarranted, the olaimant may be reexamined and his compensation may be reduced or discontinued. This, of oouree, would not be possible if the case were tried to a Jury. The value of this particular feature is rather well illustrated by an inoidont which ooourred last eummer. A negro brought a claim against a silica company alleging permanent total disability from silicosis. Hie oase was investigated by the em ployer's insurance carrier end it was their oonolusion that settle ment of $2,500.00 should be made. Any such substantial settlement must have been based upon their oonviotion that the oase presented a real disability and a real liability. The ol&ims adjustor went to the residence of the olaimant and escorted him down to the office of the insurance company to reoeive his cheek. On the way down the olaimant was so distressed by shortness of breath and general de bility that he found it necessary to stop several times in each block for a rest. He presented what appeared to be a man in the R E C E I V E D TIME MAY. 16. 1:45PM iv cuuu i u l u c oo i n uutii nuwu i u t i i uiw rnA nu. 1 4 i a h u o i 140 1 - 16- throaa of a mortal ailment. He reoeived his oheok and some weeks afterward the claimant participated in a baseball game in which his batting record consisted of a home run, two triples two doubles, nnfl three stolen bases. Heedless to say had this man been re ceiving workmen's compensation, his award would have been promptly discontinued. Tn some states the defendant in a lawsuit does not have the right to a physical examination of the plaintiff, whereas under workmen's compensation acts thiB right would be granted. In oases of the kind with whioh we are here conoerned, this is of the greatest importance in view of the fact that without the use of X-ray it is impossible to determine a plaintiff's real condition; nor is the de fendant safe in relying on X-ray plates produced by the plaintiff. The technique of taking an X-ray photograph in silicosis oases must be followed with the greatest oare or the photograph will not show the true condition. It is possible for skillful X-r&y operators to take X-ray photographs in such a way as to simulate .a' silicotio oondition whereas in reality no suoh oondition actually exists. Tfhat is even more important than the advantages upon which I have briefly cennented, is the elimination of lay juries from cases of this kind. We are not here dealing with the type of injury which the jury can visualize and understand, such as a broken arm or a broken leg, but with a very complex lung oondition which is not understood even by the madioal profession generally. Even after some experience, many competent dootors are incapable of accurately diagnosing a silicosis oase. R E C E I V E D TIME MAY. 16. 1:45PM 17 M u o H of fcha evidence in these oases consists in the testimony of medioal experts. In all cases you will find the* a sharp conflict will exist between the plaintiff's experts and those of the defendant. Their testimony will not only be conflicting but will be in such form and couched in such language as to be wholly unintelligible to the jury and often to the court. That a jury oan weigh suoh testimony and oome to a correct oonolusion is most Improbable. In compensation oases the hearing is had before commis sioners or a medioal board, who in time will become sufficiently familiar with the subjeot to enable them to arrive at a reasonably eorreot conclusion; whereas, in jury oases, eaoh case is tried be fore a new jury, who have no information on the subject at all. If oare is taken in the drafting of a compensation law, the proper machinery eon be aet up to minimise the possibility of recovery in fraudulent cases*' It will not be fool-proof, but it will be a step in the right direction and will ultimately prove its worth both to employer and employee. The difficulties encountered in trying cases of this kind to a. jury were very well illustrated in ttWMWuatdbttbiinocc a recent case wherein ainuiauA M M Jt >-iHi. ifc~^Ttrrg,i*'"k the pj.aj.ntiff *Kwxi&ate<:tt>aaaHPCggsxfcte)fflLia*g* a J u a f ^ ^ was em ployed by the defendant company, whioh was engaged in the pulveris ing of silioa. He brought suit, alleging total and permanent disability resulting from silioosis. The record in this case covers over a thousand printed pages. R E C E I V E D TIME MAY. 16. 1:45PM ww i u u i n ii u i u i ivciu i u i i i v i w -1 8 - i u n iiv/i 1 1 1 C . L U U 1 m u * .*1*' i., ', , The defendant produoed as witnesses the most outstand ing experts in the country in the field of dust. Among them were Professor Drinker of Harvard, Dr Eugene P. Pendergrass, Dr : Frederick Betjer, Dr. Frederick Dillson, and others -whose opinions on this subject have been generally aooepbed* The testimony oonolusively showed that the defendant . had token every possi4ble preoaution for the proteo.tion of its * workman against duBt, that it had installed the latest and most approved type of dust-arresting machinery, and had furnished the workmen without oharge, the most efficient respirators' available, which they were compelled to wear under penalty of disoharge. .... ** Dr Pendergrass, one of the outstanding Roentgenolo- a gist ,** ; ` ** .. in the country and an authority on lung pathology resulting * ' V, * *. * * . from the inhalation of dust, dosoribed In detail to the jury the oordinal points from which, it might be determined -whether or not a person were suffering from silicosis. His presented an X-ray . "i; - photograph of the plaintiff's lung to the jury and. desoribed it as a normal healthy lung, pointing out in the minutest detail why it .. ... -Li -'" ' oould not be Bald to be siliootio. He compared this photograph with the photograph of a lung whioh was siliootio and pointed out the oharaoteristio differences between those two lungs. ' His testimony was corroborated by other experts of unquestioned reputa tion. ' ' -. v. ; rhTMiH/n1 piriri.u .kj j>hbMplwijklAftwdmfcw Tv jtgai ^ d xthnfcxhhaxpimfci^TbitdTMilia apwtixilmnBixaaAaxaxa- -S . .. *xan \KilHgarrtnn-hirTwlh.liuirtti.rji-- > ` -`I?;- V T ' ;, . R E C E I V E D TIME MAY. 16. '' ' * ' 1:45PM'" ' >*' / ,i* '.s!.'1 .*/ V ; '*'.'J'?**%v?*.'*-.,.*'?1.,'-V**'.", j' \Vv, 7.*.,-; ev -19- arwwti*J iff*Mkt-|l!^MtMitrMXAlMgWM XX3nC3aHlAJUUCJtxila <!*** W v ^ H w ^ V w^^r-v^wwVWirot^y-irariM-irfc^Mfr^gii^iiiwt* uahapa rfchax * ^ w i w fc-TMlnwrtilTkw.rrtlaBiKtanfiii3iBiM U M M h l jm i i c a i m ^-s^*rt.-gfcirriCTrrirT-.ttira >M-gyTHeWirriTrr^wTnrnaglxakx i-gxkkgrapgrdjgmM rivMTOTftr/imk-<jiw.`Hi-tni7riri^ n M ^ hlr Pn-TTrjirajiu riu M t r i f i e p m A l (BXt8XtiOD(3|nC!pE ` In jay opinion tto reasonable man, having a*iy adequate information oon- oorning this problem, oould possibly have found either that the olaimanb had silioosis or that the defendant had been guilty of any negligence. Notwithstanding this faot, the jury brou|pit in a verdiot against the defendant for $10,000.00. That such a verdict was entirely unwarranted was borne out b y the action of the Circuit # Court of Appeals, whieh set it aside and directed that judgment be entered in favor of the defendant on the theory that no negligence had been shown. If the defendant in this case had beon guilty of negligence and its sole defense had oonsisted in proof that the plaintiff did not have silicosis, it is probable that the Court of Appeals would not have reversed the judgment of the lower court. Elimination of Hazard Perhaps the most important single item in your silioosis problem is the elimination of the dust h&sard. I suggest that each of you appoint a Silioosis Committee who shall be charged with the responsibility of dealing with your problem. The personnel of such a Committee should be composed of responsible executives. Their work will require the exercise of sound judgment and will involve a R E C E I V E D TI ME MAY. 16. 1:45P M "Vlll IU/UU1k/I 1i vitk/ I Iin Iivi n i t t u u i i t u CO -2 0 - very considerable amount of money* They should adopt a program suitable to your individual needs and see that it is earried out in detail* This program should include a n aoour&te determination of the existerne of duet hazards demonstrated by the taking of dust counts j the installation of adequate equipment to remove the hazard where possible, and the use of approved respirators where removal of the hazard is not possible; the maintenance of medioal supervision of employees including X-ray examination before employment and periodically thereafterj the fostering of proper legislation the investigation of laws pertinent to your operations and upon which a oharge of negligence might be based* All of these activities should be carried on by the advice of counsel so that you may b e . sure that you are complying with the laws of your state, and that the faots of your situation may be so assembled and reoorded in such a manner that they will be of the greatest value in event of a future low suit. i Just a word concerning the defense of silicosis suits* These oases are peouliar unto themselves and adequate defense o a m o t be made unless your counsel has a thorough knowledge and appreoiation not only of the law but of the scientific problem involved* A lack of such knowledge may be just the difference between defeat and victory and I have observed excellent lawyers lose oases for the defendant for this very reason. This ocmment should not be construed as derogatory in euy sense of the word One can hardly be blamed for not having learned what one did not know existed* Nor do I mean to imply that the loss of such a suit is indicative of a lack of suoh knowledge* R EC EIV ED TIME MAY. 16. 1:45PM >, c -El- W d 5 * : l ' 9 1 'A W 3WI1 3A1303N You should be concerned not only with the successful defense of your own cases but of others as well* In this situa tion the answer to the age-old query, nA m I my brother's keeper?" is emphatically, "Yes" I Bach verdict against a defendant en courages others to bring suit and provides ambulance-chasing lawyers with arguments and money to Bee that they do* Bear in mind that in most of those cases plaintiff's counsel receives fifty per cent of the gross recovery, which in the past has been sufficient encouragement to solicit and finance these cases* I know that invitations to this meeting were very largely sent to trade associations or groups of industries wherein a dust hazard doee or may exist, I have no present way of knowing which or how many of the invited industries are represented here today or the extent or degree of interest which those industries m a y have in this problem, but the large attendance indicates a considerable interest, which is very timely under existing conditions There is a great mass of medical information in the hands of many people, arid much research is being done in many places, but so far as I know, It iB not being correlated or coordinated and there is no definite or national recognized set of rules. Much work 1b being done in many places and by many people along lines of preventing, or at least minimising the dust hazard in various industries, but again, there is now no oentral clearing house-- no plaoe where these things oan be assembled, studied and perhaps made later into definite and recognized standards* i io t u t AU V U ! m t A T 1 T rT A t t A T t M l f t U M ? t r\ r\ t i i u c u u u i u l u c j i 11 1 n u lli nv/au i o i i iv i i o rn A IVJ, i H i d d O O IlHO r, 0 - 22- Legislation is being attempted by small groups in various localities -with indifferent success and perhaps of Im proper oharaoter, end the most necessary thing should not be left like Topsy, who "Jos* growsd!1,but should be carefully and skillfully planned Industry as a whole has little, if* ary, conception of the extent nationally, of this damage suit raoket, and no knowledge as to where it will next strike-- and very inadequate defense against it. There is no one place where all information about this very grave threat can be made available to all in dustries and to the government and to the people* Industry must organise in its own defense and cooperate together, both in safeguarding invested capital and in protecting the lives and health of those employed This is both humanitarian and good business In closing, let aw urge again that industry should move to eliminate the interest of the ambulance-chasing lawyer so that huge sums will not be paid out. for dust disease suits brought in behalf of claimants who have no disease And, of even greater importance to the welfare of our people, industry should put its house in order so that the hazard of dust diseases will be removed as nearly as is humanly possible j.ps) * a RE C E IV E D TIME MAY. 16. 1:45PM