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U. S. DEPARTMENT OF LABOR
BUREAU OF LABOR
STATISTICS
ROYAL MEE KE R , Commissioner
BULLETIN OF THE UNITED STATES )
BUREAU OF LABOR STATISTICS (
F O R E I G N
L A B O R
L A W S
/WHOLE 1 A O
’ ‘ * \ NUMBER 1 1 6
S E R I E S :
N o .
ADMINISTRATION OF LABOR LAWS
AND
FACTORY
CERTAIN
IN S P E C T IO N
EUROPEAN
COUNTRIES
FEBRUARY 27, 1914
WASHINGTON
G O V E R N M E N T P R I N T I N G OFFICE
1914
IN
1
CONTENTS.
Page.
Introduction...............................................................................................................
Comparison between countries difficult...........................................................
Forms of organization.........................................................................................
Specialization of functions................................................................................
Relation with other administrative authorities...............................................
Medical factory inspection.................................................................................
Women inspectors...............................................................................................
Workingmen inspectors......................................................................................
Insufficient number of inspectors.....................................................................
Factory inspection a profession.........................................................................
Selection and nomination of candidates..........................................................
Technical experience and training of candidates...........................................
High qualifications of European inspectors.....................................................
Result of appointing highly qualified inspectors............................................
Promotion, tenure, and pension.................. ....................................................
Lack of standards................................................................................................
Methods of inspection.........................................................................................
Conclusions..........................................................................................................
Great Britain:
Historical review................................................................................................
Acts of 1802,1819,1825,1831............................ ..........................................
Commissions of 1831 and 1833....................................................................
Act of 1844...................................................................................................
Period between acts of 1844 and 1878.......................................................
Role of the various commissions of inquiry, etc......................................
Scope of present factory and workshop acts....................................................
Application of the law and definitions......................................................
Industrial conditions..................................................................................
Protected persons........................................................................................
Dangerous trades and industries................................................................
Historical development of administrative control..........................................
Methods of enforcement up to 1833...........................................................
First provisions for factory inspection, 1833............................................
The first inspectors......................................................................................
Difficulties of enforcement..........................................................................
Work of the first inspectors.........................................................................
Act of 1844....................................................................................................
Changes in the personnel............................................................................
Appointment of assistant inspectors.........................................................
Women’s department..................................................................................
Relation to local authorities......................................................................
Certifying surgeons............................................... .....................................
3
9-25
12
12
13,14
14
15
15, l8
16
16,17
17
17,18
18,19
19,20
20, 21
21, 22
22, 23
23, 24
24, 25
26-32
26, 27
27-29
29
29, 30
30-32
32-36
32-34
34
34
34-36
36-58
36, 37
37
37, 38
38-42
42-44
44-46
46, 47
47-51
51-54
54-56
57, 58
4
CONTENTS.
Great Britain—Concluded.
Page.
Administrative provisions.................................................................................. 58-76
Powers, etc., of the home secretary.......................................................... 58-60
Powers, etc., of the inspectors.................................................................. 60-62
Duties, etc., of the occupier...................................................................... 62-66
Relations to local authorities..................................................................... 66-68
Provisions applying to certifying surgeons............................................... 63-72
Provisions relating to legal proceedings, etc............................................ 72-76
Form of organization..........................................................................................
76
Classification....................................................................................................... 76-79
Supervising force......................................................................................... 76, 77
Women’s department.................................................................................. 77, 78
Medical and other special inspectors........................................................ 78, 79
Inspectors of textile particulars.................................................................
79
Number and grade of factory inspectors..........................................................
79
Budget, compensation, privileges, etc............................................................. 80, 81
Personnel, qualifications, etc............................................................................ 81-84
Previous occupation....................................................................................
82
Resume of qualifications of personnel....................................................... 82-84
84
Qualifications of women inspectors and assistant inspectors..................
Selection, civil service examinations, etc....................................................... 84-87
Appointments..................................................................................................... 87, 88
Work of the factory department........................................................................ 88-94
Extent of work............................................................................................
89
Work of the local authorities......................................................................
90
Work of the women inspectors...................................................................
91
Work of inspectors of textile particulars...................................................
91
Work of inspector for dangerous trades.....................................................
92
Work cf the electrical inspector.................................................................
92
Work of medical inspectors........................................................................ 92, 93
Work of certifying surgeons............ .........................................................
93
Prosecutions, convictions, and penalties..................................................
94
Methods of inspection....................................................................................... 94-102
Duties of chief factory inspector................................................................ 94, 95
Duties of superintending inspectors..........................................................
95
Duties of district inspectors....................................................................... 95, 96
Forms filled out by inspectors...................................................................
96
Expense accounts........................................................................................ 96,97
Correspondence and records of district offices...............•.......................... 97, 98
Proceedings in case of prosecution............................................................ 98, 99
Proceedings in case of accidents.............................................................. 99,100
Notices to certifying physicians............................................................ 100,101
Relations of inspectors with employers and employees.................... 101,102
Germany:
History of the development of industrial inspection.................................. 103-129
Agitation for the protection of child workers before 1839................... 103,104
Scope of the lav/ of 1839........................................................ ................ 104-106
Law of May 16, 1853....................................................................................
106
First inspectors........................................................................................ 107,108
Conditions in other parts of Prussia and in other German States..........
108
Agitation for the extension of labor legislation and the factory in
spection system. .................................................................... .
108,109
CONTEXTS.
5
Germany—Concluded.
History of the development of industrial inspection—Concluded.
page.
Industrial code of 1869 ........................................................................... 109-111
Introduction of obligatory factory inspection in 1878......................... I ll, 112
Administrative law of 1878..................................................................... 112,113
Factory inspection, 1878 to 1891............................................................ 113,114
Extension of labor legislation and the reorganization of factory
inspection............................................................................................. 114,115
Scope of the industrial code of 1891 and reorganization of the
factory inspection department...............................................................
116
Industrial inspection and inspectors from 1891 to 1913....................... 116,117
Relation of industrial inspectors to the police authorities................. 117,118
Relations of the industrial inspectors with the trade associations........118-121
Women inspectors................................................................................... 121,122
Physicians in the industrial inspection service................................... 122-124
Appointment of assistant inspectors from the working class............. 125,126
Attitude of the working class toward industrial inspection................. 126-129
The industrial code . . . .................................................................................. 129-136
Scope of the industrial code................................................................... 129,130
Administration of the industrial code................................................... 131,132
Application of the industrial code to various kinds of establish
ments........................................................................................................
132
Provisions of the industrial code for the protection of women and
children and concerning industrial conditions................................. 132-134
Provisions as to hours of labor........................................................ 132,133
Provisions relating to industrial conditions................................... 133,134
Specially regulated industries................................................................ 134,135
Industries requiring special authorization...............................................
135
Exceptions and exemptions................................................................... 135,136
Penalties and fines......................................................................................
136
Organization for industrial inspection.......................................................... 136-153
Prussia...................................................................................................... 137-142
Salaries, compensation, etc............................................................. 141,142
Baden....................................................................................................... 142-144
Salaries, compensation, etc............................................................. 143,144
Saxony...........................................................................................- ......... 144-146
Salaries, compensation, etc............................................................. 145,146
Bavaria..................................................................................................... 146,147
Wurttemberg...............................................................................................
147
Hesse............................................................................................................
147
Other States............................................................................................. 147,148
Personnel, qualifications, and civil service examinations.................. 148-153
Probationary period......................................................................... 150,151
Second main examination..................................................... ■*........ 152,153
Work and methods of inspection.................................................................. 154-173
Work of inspection.................................................................................. 154-164
Prussia............................................................................................... 155-157
Bavaria.............................................................................................. 157-160
Baden................................................................................................ 160,161
Hesse................................................................................................. 161,162
Saxony.............................................................................................. 163,164
Methods of supervision and inspection................................................. 164-173
6
CONTENTS.
France:
Page.
Historical review............................................................................................. 174-180
Scope of the labor code.................................................................................. 180-186
Laws as to protected persons.................................................................. 182,183
Industrial condition___ s........................................................................ 183,184
Administration......................................................................................... 184-186
Duties of inspectors.............................................................................
184
Conseil Superieur du Travail..............................................................
185
Penalties......................................................................*.......................
186
Organization............................................................................ ...................... 186-193
Classification and grading...........................................................................
187
Traveling expenses.................................................................................. 187,188
Promotion................................................................................................. 188; 189
Rewards, etc................................................................................................
189
Leaves of absence.......................................... ...................... ...................... ' 189
Pensions......................................................................................................
189
Discipline.....................................................................................................
190
Selection, examination, etc.................................................................... 190-193
Work of the department of inspection and criticism cf the organization and
work of the inspectors................................................................................ 193-203
Work of the inspectors............................................................................ 193-198
Existing establishments and workers therein............................... 194,195
Inspections made......................................................... .................... 195-197
Scientific and educational work of the inspectors........................ 197,198
Criticism of the organization and work of the inspectors....... ............ 198-203
Methods of inspection.......................... ..................................... .................... 203-211
Standards................................................................................................. 208-211
Austria:
Scope and extent of present factory legislation..........................................212-220
Scope of the industrial code...................................................................214, 215
Provisions of the industrial code for the protection of women and
children.................................................................................... ............ 215,216
Provisions of the industrial code concerning industrial conditions___ 216, 217
Industries specially regulated and those requiring special authori
zation...................................................................................... ..................
217
Industrial authorities................................................................. ............. 217, 218
Penalties, fines, etc.....................................................................................
218
Administrative provisions as to factory inspection.............................. 218-220
Exceptions and exemptions.......................................................................
220
Organization of industrial inspection........................................................... 220-225
Central industrial inspector......................................................................
221
Budget....................................................................................... .................
221
Classification and grading...........................................................................
222
Salaries......................................... ........................................... .............. 222}223
Territorial and functional inspe ctors................................................... 223-225
Work of inspectors............................................................................. ............. 225-234
Inspections made........................................................................................
226
Other work of inspectors............................................................................
227
Prosecutions, violations, etc.......................................................................
227
Work of special inspectors..........................................................................
228
Accidents......................................................................................................
228
Occupational diseases.......................................................................... .. 228-234
Child labor....................................................................................................
234
Night work...................................................................................................
234
CONTENTS.
Austria—Concluded.
Methods of inspection.....................................................................................
Inspection books.....................................................................................
Standards..................................................................................................
Belgium:
Scope of labor laws and their administration..............................................
Legislation in regard to protected persons............................................
Health and safety of workers.................................................................
Office of labor...........................................................................................
Superior council of labor........................................................................
Scope and character of administration..................................................
Proceedings, penalties, and fines...........................................................
Organization....................................................................................................
Central administration............................................................................
Provincial inspection service................................................................
Salaries.....................................................................................................
Selection, appointment, and promotion................................................
Work of inspectors..........................................................................................
Work of the female inspectors...............................................................
Work of the medical inspectors..............................................................
Methods of inspection.....................................................................................
Standards used.........................................................................................
Forms used...............................................................................................
Switzerland:
Beginnings and extent of present factory legislation..................................
Scope of the Federal factory law...................................................................
Definition of factory and general provisions.........................................
Protection of women and children........................................................
General industrial conditions.................................................................
Administration.......................................................................... •.............
Administrative provisions......................................................................
Project for a revision of the factory law...............................................
Organization....................................................................................................
Salaries.....................................................................................................
Selection of inspectors............................................................................
Cantonal factory inspection...................................................................
Work of Federal inspectors............................................................................
Statistical data.........................................................................................
Work of inspectors in each district......................................................
Methods of inspection....................................................................................
Standards.................................................................................................
Appendix—Agreements between employers, employees, and factory in
spectors on rules for the prevention of accidents in Great Britain.............
Cotton-spinning conference...........................................................................
Cotton-weaving conference............................................................................
Woolen and worsted mills conference..........................................................
7
Page.
235-246
236, 237
237-246
247-253
248, 249
249, 250
250,251
251
251, 252
252, 253
253, 256
253,254
254, 255
255
256
256-258
258
258
259-269
259-265
265-267
270-273
273-277
273, 274
274, 275
275, 276
276
276, 277
277
277-282
280
280, 281
281, 282
282-286
282, 283
283-286
286-291
290,291
292-300
292-295
295-297
297-300
BULLETIN OF THE
U. S. BUREAU OF LABOR STATISTICS.
WHOLE
N O . 142.
WASHINGTON.
FEBR U AR Y 27 , 1914.
ADMINISTRATION OF LABOR LAWS AND FACTORY INSPECTION IN
CERTAIN EUROPEAN COUNTRIES.1
BY GEORGE M. PRICE, M. D.
INTRODUCTION.
The amount of protection given to the laboring class is deter
mined not by the number of labor laws upon the statute books, but
by the number of such laws which are properly administered, and
by the extent to which their provisions are actually enforced.
The attempts at protection of workers by legislative eDactments
date far back to the beginning of the nineteenth century. A t that
time many laws were enacted in a number of countries, without,
however, remedying abuses or improving the conditions of the work
ers. Hence, as a rule, labor legislation of that period was a dead
letter until administrative machinery was created for the enforce
ment of the legislative enactments.
In most of the European countries factory inspection was insti
tuted much later than the enactment of labor laws. It was practi
cally forced upon the Governments as a result of the futility of pro
tection given by mere acts upon statute books without enforcement
provisions or enforcement machinery.
In England labor legislation which began with the apprentice law
of 1802, and was followed by the laws of 1819, 1825, and 1831, was
1 In his investigations th e au th o r was assisted b y so m an y different persons in each country th a t it is a
difficult m atter to m ake proper in d iv id u al acknow ledgm ent to all those who have helped in one w ay or
another. He has been generously assisted b y U nited States am bassadors an d m inisters in the countries
visited, b y the m inistries an d heads of labor departm ents in each country, b y prom inent social workers,
by professors of in d u stria l hygiene, b y inspectors in th e dep artm en ts, and b y m any labor leaders.
Special acknow ledgm ents are due to Prof. Stephen B auer, general secretary of the In te rn a tio n a l L abor
Office a t Basel; to Sir Thom as Oliver, w ho gave th e a u th o r valuable introductions to a great nu m b er of
persons in different countries; an d to th e venerable p riv y councilor D r. K arl H a rtm a n n , of B erlin, who
m ade the a u th o r’s stay in G erm any n o t only instructive b u t also very pleasant.
Acknowledgments are also due to Sir A rth u r W hitelegge, H . M. chief inspector of factories of Great
B ritain; Mr. R obinson, H . M. d e p u ty chief inspector; M. P icq u en ard, chief of the B ureau of Inspection
d u Travail in France; Dr. A. W egm an, first district inspector of Switzerland; court councilor von W uerth,
central industrial inspector of A ustria; D r. Sim on, chief in d u strial inspector of Diisseldorf; an d M. D u
bois, director of th e B ureau of Labor of Belgium.
The a u th o r’s th a n k s an d acknow ledgm ents are specially due to the large num ber of factory inspectors
in each co u n try , who showed h im great courtesy an d endeavored to place a t his disposal all possible
inform ation.
10
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
admittedly ineffective until the act of 1833, which instituted factory
inspection.
In France a number of laws for the protection of workers were
passed, beginning with the ordinance of 1806 and followed by the
acts of 1813, 1814, 1841, 1848, 1851, 1866; but not until 1874, when
the labor-inspection department was created, was any serious
attempt made at the enforcement of the provisions of those laws.
. In Prussia and in the German States labor legislation began in 1839
with the regulation of the employment of young workers in factories;
then followed the code of 1845, the amendments of 1853, and the
industrial code for the North German Union of 1869; but not until
1878 was a special administrative body appointed to enforce the
provisions of these laws.
In Austria attempts at labor legislation began in 1786, and were
followed by decrees and laws in 1805, 1816, 1842, 1846, 1854, and
1859; but not until 1883 was a department of labor inspection insti
tuted to enforce their provisions.
In Switzerland many legislative enactments were made by the
cantons for labor protection; but not until 1859 was an attempt made
to enforce the laws by a special administrative body in Zurich, and
the Federal bureau of inspection was not created until 1877.
In Belgium protective labor laws began in 1813, but the first in
spectorial force, which was comparatively small, was not appointed
until 1888, and it was only upon the reorganization of this force in 1895
that a fairly adequate department was created for the enforcement of
the laws.
Similar conditions exist in other countries where labor and factory
inspection departments have been created some time after the enact
ments of labor laws, when it became apparent that the mere enact
ment of laws did not satisfy the workers or give them the protection
desired.
The extent of the protection given by a country to its laboring
class depends not only upon the mere existence of an administrative
institution and enforcing department, but also upon its efficiency,
the scope of its powers and functions, the extent of assistance given
to it by other administrative institutions, the methods of work
which are adopted by the officials of the department, and the num
ber and character of such officials.
The amount of actual protection given by a factory-inspection
department to the laboring class in a country can be judged only by
a knowledge of the industrial conditions prevailing in that country,
the character of the labor laws on the statute books, and the extent
to which such laws are enforced.
It is, however, a most difficult task— perhaps an impossible one— to
make such a study, at least without a long sojourn in the country.
FACTORY INSPECTION IN EUROPE---- INTRODUCTION.
11
What is less difficult is to secure information as to the labor protection
given by a factory-inspection department by a study of the depart
ment itself, its form of organization, its methods of work, the stand
ards adopted by it, the number and character of its personnel, and its
own reports as to work done and improvements obtained. This
information, while perhaps less valuable, is, however, within the
reach of a trained observer and student of factory inspection, if
given proper opportunity.
It was the good fortune of the writer to be able to make an investi
gation of the administration of labor and factory inspection in certain
European countries during the summer of 1913, after nearly two
years of activity as director of investigation of the New York Factory
Investigating Commission, and after long experience as sanitary and
factory inspector. The investigation was confined to the following
countries: England, Germany, France, Austria, Switzerland, and
Belgium. The time devoted to this study was only four months,
and was necessarily limited to a period of from two to four weeks in
each country.
No examination was made of the administration of mining laws or
of the enforcement of accident prevention or of the relation of factory
inspection to sickness and social insurance.
The investigation was conducted by actual inspectorial work in
company with the inspectors of the departments in different coun
tries, by interviews with inspectors, representatives of labor organi
zations, and labor leaders in each country, and by a thorough study
of the labor laws and the reports of the departments.
In this report the plan is followed of first giving a brief historical
sketch of the development of labor legislation and the growth of fac
tory inspection in each country; for such a historical study seemed
necessary to a proper understanding of the present conditions and
methods of the factory inspectors, and their relations with other admin
istrative institutions in the country.
A brief account is then given of the scope of the existing labor laws,
the jurisdiction, rights, and duties of labor inspectors, the scope of their
work, and their functions.
This is followed by an account of the form of organization of each
department, the grading and classification of inspectors, their num
ber, character, compensation, tenure of office, personnel, and the
methods of their selection and appointment.
An account is then given of the actual work performed by the
inspectors during the last year for which an official report was avail
able. The report is completed by a discussion of the methods of
work of the inspectors, as well as an account of such standards as are
found in the countries studied.
12
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
COMPARISON BETWEEN COUNTRIES DIFFICULT.
No attempt has been made in this report to compare the effi
ciency of the administrative machinery of factory inspection in one
country with that of another or to give an ex cathedra opinion as
to the comparative value of labor enforcement in the countries
visited.
One reason why a comparison is so difficult is the difference in the
scope of the labor laws and the functions of labor and factory inspect
ors in the different countries. In a country such as Switzerland, for
instance, the duties of inspectors are limited to actual inspectorial
work in a factory. On the other hand, in England even domestic
workshops are under the jurisdiction of the inspector, and the inspector
not only does actual inspectorial work, but also has charge of court
prosecution. In Austria an inspector is also supposed to be a medi
ator and conciliator in times of strikes.
Moreover, unless definite functions are assigned inspectors, and
unless not only the actual number of industrial establishments within
the jurisdiction of the inspector but also the size and character of
these establishments are known, a just comparison of the work of
inspectors by mere number of inspections made is without value.
Other important considerations are the character of the inspectors,
the respect and confidence which the employers and manufacturers
have in their technical and general training, and the consideration
which they are willing to give to their advice and requirements.
There is still another important factor in the comparative efficiency
of factory inspection in different countries, and this is the tempera
ment of the working people. Military service, a strong spirit of obe
dience and discipline, and general education of the laboring class
make a great difference in the amount of popular respect for the labor
laws and of cooperation in their enforcement.
FORMS OF ORGANIZATION.
There is a variety of forms of organization of the labor and factory
inspection departments in the different countries studied. Among
these may be distinguished two extremes— (1) the highly centralized
form of organization of the factory inspection department in Eng
land, and (2) the decentralized form of organization as it exists
to-day in Prussia and partly in Switzerland. Between these two
extremes there are many gradations, so that in some countries is
found a mixture of centralization and decentralization— a centraliza
tion sometimes of the upper strata of the inspectorial force, and a
decentralization of the lower strata, or vice versa.
FACTORY INSPECTION IN EUROPE---- INTRODUCTION.
13
SPECIALIZATION OF FUNCTIONS.
The same variety may be said to exist in the specialization of
functions. While England presents an example of a complex organ
ization with a distinct and thorough specialization of the functions
among the inspectors, in other countries, for instance in Prussia,
there is no such specialization or division of labor, and each inspector
performs all the complex functions of labor inspection.
The oldest factory-inspection department in Europe, the one
having the most centralized form of organization and at the same
time the one in which the specialization of functions is carried very
far, is the factory-inspection department of England. Here is found
a thoroughly centralized department with a responsible chief in
spector, from whom all power radiates— first to the division inspectors,
then to the district inspectors, then to the lower grades of inspectors.
Here also is a division of labor— first between two large classes of
workplaces, factories, and workshops; then between men and women
inspectors. Here also are special functional inspectors, such as
medical factory inspectors, dangerous-trades inspectors, electrical
inspectors, inspectors of light, inspectors of textile particulars, etc.
In Prussia and Switzerland, also in some of the lesser German
States, there is no chief inspector, and each district inspector is the
head of his district, having very little responsibility to superiors, with
standards of his own making, with the whole field of industrial inspec
tion under his own jurisdiction.
In Austria is found a central industrial inspector, although the
amount of supervision is not so extensive as in England; but there
is a division of labor among certain inspectors. Thus, there are
inspectors of building construction, shipping industries, inland water
ways, etc., although ordinary inspectors are supposed to fill all inspec
tion requirements, no matter what the nature or character. There
are no physicians or other specialists in the department.
In France there is practically no head to the inspection department,
and while the divisional inspectors have supervision over the depart
mental inspectors, the supervision is more perfunctory than real.
The division inspectors are charged with a great deal of inspectorial
work which leaves them little opportunity for actual work of super
vision.
In the States constituting the German Empire there is variety in
the forms of organization. Thus, while in Baden there is a central
ized industrial inspection department, that of Bavaria is less central
ized, and of Saxony still less so, and there are some States in which
there is hardly any central authority whatever.
The same may be said about specialization of functions. Bavaria
has one medical supervisor as has also Baden, while in other States
14
BULLETIN OF THE BUREAU OF LABOR. STATISTICS.
there is hardly a^y specialization of functions. In Saxony inspectors
until lately also performed boiler inspection work.
In Switzerland the inspection of electrical establishments has been
taken entirely out of the jurisdiction of the factory inspectors.
RELATION WITH OTHER ADMINISTRATIVE AUTHORITIES.
Labor-law enforcement is also characterized in the different coun
tries by diverse ancillary administrative bodies and institutions for
the enforcement of labor laws.
In some countries, notably in France and Belgium, the whole work
is centered in the labor inspection departments, and the only assist
ance from outside bodies that these departments receive is from the
regular prosecuting and judicial functionaries.
In other countries, for instance in England, the local authorities are
a coexisting enforcing agency, having jurisdiction over the enforce
ment of all sanitary provisions in workshops. This division of
enforcement between the factory inspection department and the
local authorities is the result of certain developments which may be
understood only by a study of the historical growth of administrative
institutions in England.
In Germany there are practically three great bodies having charge
of the administration of factory laws: First, the industrial inspectors
who inspect factories and workshops in relation to sanitation, safety,
and general industrial conditions; second, the inspectors of the insur
ance associations who are charged with prevention of accidents; and,
third, the police authorities who, on the one hand, do a great deal
of inspection and reinspection work as well as the gathering of sta
tistical data, and on the other hand have sole jurisdiction over actual
enforcement by judicial and administrative procedures.
In Austria there is considerable division of labor between the
industrial inspectors and the local industrial authorities who have
charge of the enforcement and the general administration of the
laws.
In Switzerland there is division of jurisdiction between the Federal
factory inspectors and the cantonal inspectors, and the enforcement
of the law is entirely in the hands of the local police and the can
tonal authorities.
This division of jurisdiction in the enforcement of labor laws
is on the one hand advantageous, because it gives so much less
work to the labor or factory inspection department, and makes it
possible for more industrial establishments to be inspected. On the
other hand, it carries a great many disadvantages in the division of
authority between the enforcing institutions, in the certain lack of
uniformity in the standards of inspection, and in the inevitable
friction resulting from the work of the various inspectorial enforc
ing institutions.
FACTORY INSPECTION IN EUROPE---- INTRODUCTION.
15
MEDICAL FACTORY INSPECTION.
The enforcement of laws protecting workers in industrial -establish
ments so closely involves matters of sanitation, hygiene, and medi
cine, that there has been great agitation in different countries for the
appointment of medical factory inspectors.
England and Belgium are so far the only countries where separate
medical divisions exist in the factory inspection departments. In
each of these countries there is a chief medical factory inspector of
high grade, assisted by a number of physicians, making investigations
of occupational diseases, supervising medical work in dangerous
trades, and doing specialized work in industrial hygiene. In these
two countries a supplementary force of physicians is appointed to
examine minors and children, investigate industrial accidents, and
control dangerous trades.
There is no medical factory inspection whatever in France, Switzer
land, Austria, Prussia, and most of the German States. In Switzerland
an eminent physician is often consulted by the factory inspectors and
makes special tests for them; and the first inspector was a physician
who did much work in industrial hygiene.
In Prussia district physicians may be called in, especially for the
authorization of certain dangerous establishments.
In Austria a medical consultant has been lately appointed. Bavaria
and Baden each has a physician connected with the department.
Medical factory inspection is still an undeveloped field of work;
and even in England and Belgium the number of physicians is still
small.
WOMEN INSPECTORS.
In almost all the countries there has been agitation for the appoint
ment of women inspectors, and the governments of different countries
have responded in varying degrees to this agitation.
In England not only are there 20 women inspectors, but the women
inspectors actually constitute a separate division within the depart
ment, are to a large extent independent in their work and functions,
and are subject only to perfunctory supervision by the chief factory
inspector. Such a position of women inspectors is unique, and is
characteristic of England only. This report1 gives some indication
as to the causes of such a phenomenon.
There are 18 women inspectors in France. There were 2 women
inspectors in Belgium, but now there is only 1. There are 5 women
inspectors in Austria; none in Prussia; none in the Federal inspection
department of Switzerland, and but few here and there in the Ger
man States. Outside of England the functions of the women
i See p p . 51-54.
16
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
inspectors are limited to the inspection of smaller shops where chiefly
women and children are employed. Their position is of a lower grade
than that of the male inspectors; their salaries are much smaller;
but their work is an integral part of the work of each district, except
perhaps in Belgium, where they work more or less independently and
have charge also of certain mercantile establishments.
WORKINGMEN INSPECTORS.
There is still greater agitation and more strenuous efforts are being
made for the appointment of inspectors coming from the laboring
class. This subject has been discussed and agitated with considerable
bitterness, especially by labor men and representatives of labor
organizations. The agitation is for the appointment of workingmen—
those who have had personal experience in manual work and actual
experience in factories and workshops. The demand is made for the
creation of a lower grade of inspectors composed of this class, to be
selected without examination or with a special examination, and for
opportunity for these inspectors to pass into the higher grades and
become regular inspectors.
There is much opposition in some countries to this demand. This
opposition very often comes not only from the Government but also
from the inspectors themselves, for reasons which are fully discussed
in the body of this report.
In England the inspectors are divided into two classes, the lower
grade consisting of workmen inspectors numbering 55. Their func
tions are limited, their salaries lower, and their status entirely dif
ferent from that of the regular factory inspectors.
In Prussia, France, and Switzerland there are as yet no such in
spectors, although the pressure on the Government/ from labor organi
zations and the Social Democratic and radical political parties is
very great. In some of the German States a few inspectors from
the laboring class have already been appointed. In Austria there
are two workingmen inspectors -for special functions, and there are
also a few in Belgium.
INSUFFICIENT NUMBER OF INSPECTORS.
Outside of Prussia, there is hardly a country in which there is not
much complaint in parliament, in the press, at labor meetings, and in
the discussions of social workers over the insufficient number of factory
inspectors. While this complaint is heard over and over again, prac
tically in every country, no criterion as yet exists for determining
how many inspectors are needed for the task imposed upon them.
The reason for this is evident when it is considered that there is
practically no criterion for judging the efficiency of the work of the
factory department. Neither the total number of inspections made
FACTORY INSPECTION IN EUROPE---- INTRODUCTION.
17
by a factory department nor the average number of inspections made
by each inspector, nor the total number of industrial establishments
in the country can be taken as a proper criterion, because of the diver
sity and multiplicity of factors with which inspectors have to deal.
Among these are the extent of territory, scope and variety of func
tions, amount of clerical work, character of supervision, number of
agencies intrusted with inspection work, size of establishment, num
ber of workers it contains, character of establishment, personnel of
inspectors, and a great many other factors too numerous to mention.
Taking into consideration, however, the large number of inspectors
in Germany, who are assisted by a large number of inspectors from
the insurance associations and augmented by the police, also the large
number in England where the local health authorities are, or ought
to be, of great assistance to the factory inspectors, or in Switzerland
where the Federal inspectors are so greatly assisted by the cantonal
authorities, one must conclude that, as far as the number of inspec
tors is concerned, France, Austria, and Belgium are much below the
standard— a fact which is publicly admitted in those countries.
FACTORY INSPECTION A PROFESSION.
In all the European countries visited, factory inspection is regarded
as a special vocation and profession just as the professions of law,
medicine, engineering, or State service. Factory inspection is an
integral part of the bureaucratic regime, and is considered a life
profession by those who embrace it. Those who enter this profession
are hardly ever younger than 25 years of age. (In England the age
limit is 30 years.) They go through a very rigid and arduous pre
paratory course, and when they become inspectors they remain such
during their whole life of service. In this, as well as in other pro
fessions, there is no place for the very young and unprepared or for
the old or those who have failed in other walks of life.
SELECTION AND NOMINATION OF CANDIDATES.
In all countries the personality of the candidate plays a most
important role, apart from scientific education, technical training,
and other requirements. The appointing powers in all countries
not only select those who have passed certain tests and examinations,
but also determine entrance to those tests. This system of nomina
tion and appointment serves to exclude a large number of undesirable
candidates, even those of superior education and technical training.
It does not necessarily exclude appointment b y means of political
influence; practically, however, such appointments are hardly known
in England and on the Continent.
32447°—Bull. 142— 14-----2
18
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
In England, candidates are not allowed to compete in the exami
nation for the position of inspector unless they are nominated by the
Home Secretary. Such nomination is made after a thorough inves
tigation of the character and standing of the candidate by the chief
inspector or his deputies, and by personal interview with, the candi
date.
In Belgium, the appointments are made outright without any
examination.
In Germany, the minister approves the name of the candidate
before he is allowed to compete.
In Austria, the committee in charge of selection has full control
of this work and is able to exclude all undesirable persons.
This preliminary selective process, with the subsequent scientific
tests and technical examinations, results in assuring not only persons
with high technical training, but also persons of high character and
social standing.
TECHNICAL EXPERIENCE AND TRAINING OF CANDIDATES.
The principles as well as the methods of selecting candidates for
inspectorial positions differ somewhat in the several countries.
Prussia and most German States demand high-grade special tech
nical training; and practically no one can enter the list of candidates
who has not had previous theoretical technical trainings a diploma
in engineering, and some practical technical experience. The German
inspectors are thus the most highly technically trained men in inspec
tion work in Europe.
England on the other hand does not require all of its inspectors to
be technically trained men. There are a number of engineers, elec
tricians, mechanics, etc., among the inspectors; but the basis of selec
tion is more educational and it might be said social, and ethical
rather than strictly technical and scientific.
The same applies to French inspectors. Here also the inspectors
are not all technically trained men, although the examinations are
more technical than in England; and the technical branches are the
most important part in the competitive examination. There are,
however, a number of inspectors who are not engineers or mechanics
and who have had no experience or training in mechanical trades.
In Austria most of the inspectors are representatives of the three
technical classes, namely, mechanics, chemists, and electricians,
although there are some inspectors who are not so technically trained.
In Belgium there is no examination, but simply a selection of can
didates by the minister. Nevertheless, the persons appointed are
usually technically trained men (engineers) or are taken from highgrade social workers, or are old mechanics from the working class.
FACTORY INSPECTION IN EUROPE---- INTRODUCTION.
19
In Switzerland the number of inspectors is so small and the intel
lectual proletariat so large that there is no dearth in technically
trained men; and practically all inspectors are engineers, electricians,
chemists, or pl^sicians.
The most rigid examinations and tests are given in Prussia, Saxony,
and France. These are the only countries in which there are spe
cially prescribed tests and thorough technical examinations of can
didates for inspectorial positions.
In the other countries the requirements as to tests and examina
tions are rather vague, and the power is centered in the appointive
and selective committees.
The form of organization of the inspectorial departments and the
division and specialization of functions within the department deter
mine largely the character of the inspectors and the methods of their
selection.
Thus the decentralization of factory inspection in Germany and
the absence of division of functions among the inspectors explain the
need for highly technically trained persons for inspectors. Where
there is a strictly centralized government with the responsibility of
the work of inspectors resting mainly upon the superiors, the ordinary
inspector need not be a technically trained person, nor is there need
of rigid standards of sanitation and safety. There inspectors are
simply persons who enforce the law and there is not so great a need
for judgment in technical matters. The German inspector, however, is
the u master of all he surveys.” He has no superiors over him; he
is obliged to use his own judgment in all matters pertaining to the
protection of workers; he must also be master of all branches of
industrial hygiene; hence the necessity for such a person to undergo
a rigid scientific and technical education, and to be a man of tact,
who has gone through a long and arduous training for his position.
HIGH QUALIFICATIONS OF EUROPEAN INSPECTORS.
Americans are often astonished at the ease with which con
tinental Governments are enabled to obtain for their inspectorial
service persons of so high a social grade and of so great educational
and technical standing, especially for the small compensation that
most of these inspectors receive.
One is in constant wonder how, for instance, Prussia, or Saxony or
other German States, can expect a man who is a graduate of a
gymnasium, a graduate of a technical school or college, possessor
of a diploma in engineering, electricity, or chemistry, one who has
passed two rigid tests and an examination in social, political, and
economic sciences, and has had two years of practical training in a
large industrial plant, to become a candidate for inspectorial service,
20
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
and be willing to work in a department two years without pay and
undergo two or three additional severe tests and examinations before
he enters the service.
Upon expressing these sentiments to some of the chief inspectors
in Germany the author was told that no more is required from the
factory inspector than from candidates who desire to enter other
positions in the State service. He was informed that lawyers need
sometimes one or two years more before they obtain the same stand
ing as industrial inspectors; that physicians after their graduation
and hospital service are required to pass an ordeal sometimes more
severe than factory inspectors; that practically all the State officials
are compelled and are willing to undergo all the hardships in order
to get into the State service. Herein is perhaps the solution of the
problem. A position in the State service is a high desideratum in
all European countries; it is regarded with much devotion and deep
respect; it is the ideal of the youth of the country; and all persons
after having gone through the middle and higher grades of educa
tional establishments vie with one another in their efforts to enter the
ranks of State officials and the series of bureaucratic departments.
It is only thus that it can be explained why the son of a high
public official of Belgium— a man who is able to run his own motor
car during his inspections, a man with a diploma in mechanical engi
neering, and one who could probably make a success in the indus
trial world of Belgium, due to his wealth and standing— prefers the
career of a factory inspector. The same condition applies to other
countries. Even in England, where the salary of inspectors is the
highest in Europe, a number of persons coming from the wealthy
classes enter the service for the same reason.
RESULT OF APPOINTING HIGHLY QUALIFIED INSPECTORS.
What are the actual results to the country of obtaining so high a
class of inspectors ?
In the first place, inspectors who have gone through such a long
and arduous preparation regard their vocation as a life profession,
and are unlikely to commit those errors which are so often a disgrace
to the inspectorial force in municipal departments and State service
in the United States. In the second place, a long preparation is
of service in developing their tact, in teaching them the use of
diplomacy in handling employers and employees, and in preparing
them for the duties of responsible district inspectors.
Perhaps the most important result of the high character of the
personnel is the respect which they command from employers, manu
facturers, and technical managers of industrial plants. There is not,
and can not be, any of the contempt which is so often met with in
the relations of owners and technical managers toward the green and
FACTORY INSPECTION IN EUROPE---- INTRODUCTION.
21
inexperienced factory inspectors in some of our States. The em
ployers and their managers know that these inspectors are specialists
in their line and that they are thoroughly familiar with the indus
trial processes; hence their respect for the inspectors and their willing
ness to abide by their advice and follow their requirements.
Another result is the respect and confidence of the workers them
selves toward the inspectors. They realize their impartiality and
their desire to be fair to all sides.
Within the department a result of the high grade of the personnel
is the comradeship among the inspectors themselves and the respect
of one inspector for another, no matter what the position may be.
Where the chief supervisors and higher grades of inspectors are taken
by regular promotion from the lower ranks and not from the out
side, amicable relations and mutual respect usually exist between
the different grades of inspectors. There it is impossible to meet
that bullyragging which is sometimes found in our country, when
an ignorant, untrained, inexperienced man is put at the head of a
department, and knows that his only superiority over his men con
sists in his temporary position and emoluments.
PROMOTION, TENURE, AND PENSION.
The methods of promotion and the security of tenure of office, as
well as the existence of a pension system, play an important role in
the ease with which high-grade inspectors are obtained by European
countries. Merit, competence, and length of service are the only
bases for promotion. An inspector, upon entering the service, knows
exactly the steps of promotion he is likely to pass; he also knows
that this promotion depends on his own ability, proper performance
of duties, and length of service.
The inspector is also secure in his tenure of office during good
behavior. He expects to remain and does remain in the service prac
tically all his active life. He knows that he is secure in case of sick
ness or disability, and when old age comes is sure of his pension
during the rest of his life.
Here, perhaps, is the explanation of the low compensation that
factory and industrial inspectors receive in all European countries
except England. England is the only country where the salaries of
inspectors are considerable, and in fact higher on the average than
those in the United States. In all other countries the inspectors
receive what may be regarded in this country as a miserly compen
sation. The 200 marks ($47.60) a month that a German inspector
receives during the first few years of his service, the same number of
francs a French inspector gets, and practically the same pay that all
other inspectors receive, seem to us so small that one wonders how
persons of the character described may be obtained for such low
22
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
salaries. Of course, the lower cost of living in the countries men
tioned must be taken into consideration as well as the overcrowding
of the intellectual professions and the great competition for positions
in the State service.
LACK OF STANDARDS.
A study of the theory and practice of factory legislation and inspec
tion abroad discloses the surprising evidence that there is as yet
little scientific standardization of safety and sanitation in Europe,
and that the industrial codes and factory laws do not as yet contain
exact standards for the guidance of the inspectors and for the use of
employers and manufacturers.
In some countries, notably in Germany, this absence of standardi
zation is extreme: the only guide for the inspectors and owners of
establishments being the general provisions of article 120 of the
Industrial Code, stating simply that the owner must at his own
expense provide such appliances, etc., as will safeguard the health,
life, and morals of his workers. There is 110 explanation as to what
is meant by appliances or by health and morals of the workers; and
each district inspector may and does interpret this paragraph accord
ing to his own understanding and the needs of special industries and
establishments in the district under his control. There are no definite
rules assuring uniformity of action among inspectors; and it is due
only to the high character of inspectors, to their special technical
training, and to the general progress of industrial hygiene in Germany
that a large measure of protection is given to the workers in spite of
the indefinite standards.
In England there is no complete scientific standardization of san
itation and safety, although lately an attempt has been made to
introduce special rules and regulations by administrative orders into
dangerous trades, and to make such rules for other industries after
conferences with representatives of employers and employees in these
industries.
In Austria there is a more definite interpretation of article 74 of the
Industrial Code, and there is some standardization of its provisions
as far as they relate to sanitation and safety; and especially in so far
as these relate to the authorization of new establishments requiring
licenses.
The French standards are as yet incomplete and not applicable to
all industries alike, and they have been issued only for specially
dangerous trades.
The same is true in Belgium where the provisions for dangerous
trades only are well standardized.
In reference to the absence of scientific standards in Germany, it
may be added, however, that the German insurance associations, of
FACTORY INSPECTION IN EUROPE---- INTRODUCTION.
23
which there are at present 66 groups, have attempted to formulate
standards as to safety and accident prevention, in their industries;
and that rules, regulations, and definite standards exist in a large
number of industries.
METHODS OF INSPECTION.
It is interesting to note that no new standards are set of the methods
of factory inspection in European countries. It is noticeable, more
over, that inspection with a view to detecting violations and contra
ventions of the factory law is still the principal method pursued by
most inspectors in different countries.
In England detection of violations of the child-labor law, of the
Sunday law, of “ time cribbing/’ of nightwork, etev is almost wholly
given over to the lower grade of inspectors— those coming from the
working class— while the higher grades of inspectors are limiting their
activities to general inspection, proper installation of safety devices,
and general preventive work.
In Germany inspectors are entirely free from the work of prosecuting
violations, this being left to the police, and the ordinary inspectors
endeavor to maintain amicable relations with the employers and to
accomplish their work by educational means.
The same may be said of the Austrian system of factory inspection.
There great stress is laid by the inspectors on their work of licensing
Hew establishments and on the examination of these applications for
authorization. German as well as Austrian inspectors express their
opinion that if new plants are well established and properly provided
With all possible safeguards, future inspection in these establishments
should not be necessary at all. They claim that if this is properly
done, that within a certain number of years the majority of the
industrial establishments will be in a condition which will require very
little attention on the part of the inspectorial department. The
endeavor of the inspector is to start the industrial plant right from
the first, to imbue the owner with the idea that every possible precau
tion should be taken during the installation of Jiis plant, that every
machine bought should have its proper safeguards, that every device
should be used for prevention of accidents, and that a general and
local mechanical ventilating apparatus should be installed. The
inspectors have a complete record of such plants authorized within
the last few years, and their work of inspection in these plants is
therefore much lightened.
France and Belgium also have a system of authorization and
licensing of dangerous trades establishments; but the number of
inspectors is so small in proportion to the establishments that neither
this authorization nor the subsequent inspection is thorough or
satisfactory.
24
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Apart from the above general considerations, nothing new was
noticed in the methods of inspection in vogue in the different coun
tries, and very little difference in the methods of the inspectors.
The general routine procedure is about the same in all countries.
An inspector usually begins by announcing his authority upon entering
the plant, then, accompanied by a representative of the firm, examines
the books, registers, etc., verifying by general examination the per
sonnel of the workers with the registers and books, and then proceeds
to an inspection of the sanitation and machinery of the plant.
The methods of taking notes and keeping records differ very much.
Only in one or two countries— and in these not generally— is a card
system used for inspection or for keeping records. Most inspectors
note only violations. The general impression of the author is that
in the matter of keeping records of inspections, violations, etc., most
of the European countries are much behind some of the progressive
inspectorial departments of certain American States.
CONCLUSIONS.
In summarizing the general impressions gathered from the four
months’ investigation of factory inspection in the six countries visited
the question naturally arises, what are the most important inferences
to be drawn from the study and investigation, and what are the les
sons learned which may be of interest and benefit to students of
this problem in our own country ?
Is there anything special in the theory or practice of factory inspec
tion abroad, either in the form of organization, or in the specialization
of functions, or in the standards set for safety and sanitation, or in the
methods of inspection, that is new, specially distinctive, or much
superior to the practices among the factory inspection departments in
the United States ? The author does not believe there is.
In some of our best organized factory-inspection departments in
several States we find a form of organization and a functional speciali
zation that is certainly not behind the best examples of European
inspection departments. Indeed, some of our new industrial com
missions have certain points of superiority over European practices.
We also find factory-inspection departments in some of the States that
have of late years made a serious attempt to adopt scientific stand
ards, and have resorted to expert industrial advice and to trade and
industrial conferences, methods which are destined to equal, if not
surpass, the practices and methods used in other countries.
There is also no great difference in the method of inspection used
here, and there is already noticeable a tendency for registration, and
in some cases for licensing of large groups of industries and certain
industrial establishments.
FACTORY INSPECTION IN EUROPE---- INTRODUCTION.
25
Wherein, then, is the superiority of European inspection over
that of the United States, if there is such superiority ?
The author’s opinion is that such superiority does exist, but it
exists only in “ the higher grade and character of the inspectorial
force.”
In this respect Europe is far in advance of the United States.
We have no such inspectors as a class. Here and there, in one State
or another, there may be found one or more excellent examples of effi
cient and trained factory inspectors; but these are isolated cases.
The rank and file of European inspectors are far above the rank
and file of our own inspectors.
The reasons for this anomalous situation are found in the body of
the report as well as in this introduction. They may be summed up
as follows: (1) Factory inspection in Europe is a profession, a voca
tion, and is regarded as a life work; (2) factory inspectors in Europe
must go through a long preliminary preparation, must have a scien
tific education and technical training; (3) merit, length of service, and
competence are the only bases for promotion from one grade to
another; (4) superiors, chiefs, and heads of the service are promoted
from the ranks only for merit, experience, length of service, and com
petence; (5) the tenure of office is secure, promotion certain, treatment
liberal, and a pension is given for long service and old age.
GREAT BRITAIN.
HISTORICAL REVIEW.
The year 1802 marked a new epoch in the history cf legislation.
It was the birth year of labor legislation.
During the latter half of the eighteenth century the application of
steam power to machinery gave rise to the modern factory system,
and the inevitable baneful influences which were a necessary conse
quence of the changed modes of life and labor became apparent.
Some of the misery attending the development of factories was
graphically shown in the testimony before the Manchester Commission
of 1796. Partly in consequence of the disclosures of that commission
and partly as a result of agitation, the Government was compelled
to frame and pass its first labor law— the “ Health and morals of
apprentices act” — in 1802.
This auspicious beginning was gradually followed by a succession
of other labor laws, nearly 40 of which were enacted during the
nineteenth century. Some of the most important of these successive
laws are named here and briefly reviewed:
1802— The health and morals of apprentices act.
1833— An act to regulate the labor of children and young persons
in the mills and factories of the United Kingdom.
1844— An act to amend the laws relating to labor in factories.
1847— An act to limit the hours of labor of young persons and
females in factories.
1864— The factory acts extension act.
1867— The factory acts extension act.
1871— An act to amend the acts relating to factories and workshops.
1878— An act to consolidate and amend the law relating to factories
and workshops.
1901— Factory and workshop consolidation act.
ACTS OF 1802, 1819, 1825, 1831.
The act of 1802 applied only to cotton factories* in which,, not less
than 3 apprentices or 20 other persons were at work and had for its
principal provisions the prohibition of work between the hours of
9 p. m. and 6 a. m ,; the restriction of daily work to 12 hours; pro
visions for sufficient clothing, for the separation of the sexes, the
school instruction of apprentices during the 12 hours of daily work
for the first four years of their apprenticeship, and for religious
instruction on Sundays. The only sanitary provision was that
calling for the whitewashing of factories and mills twice a year.
26
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
27
The act of 1819, which applied to the establishments for the prep
aration and spinning of cotton, contained the first distinct prohibi
tion of child labor. It forbade the work of children under 9
years, the work of children between 9 and 16 for more than 12
hours daily and between 8 p. m. and 5 a. m. and provided for a
9-hour day on Saturday between 5 a. m. and 4.30 p. m. Provi
sion was made for 1J hours for meals between the hours of 11 a. m.
and 4 p. m. Numerous exceptions were made for mills driven by
water power.
The act of 1825, which applied to the same class of factories, intro
duced few changes, but required the whitewashing of factories only
once a year instead of twice as in the act of 1802, and required an
abstract of the law to be hung up in a conspicuous place in every
mill.
The act of 1831 embraced all cotton mills and created three classes
of protected persons: (1) Children under 9, who were prohibited
from work; (2) young persons from 9 to 18; and (3) young persors
from 18 to 21. This act prohibited the nightwork of all young
persons under 21. The hours of labor of children and young persons
remained limited to 12 hours daily and 69 hours weekly.
COM M ISSIONS OF 1831 AND 1833.
The first three decades of the nineteenth century were periods of
remarkable industrial growth. Invention followed invention. The
application of steam to manufacture revolutionized the old methods
of production and displaced domestic production and handicraft,
compelling the removal of industries from scattered villages to cities.
In the struggle of industrial competition, conditions in factories and
mills became intolerable. Mills and factories worked day and night,
fed by the labor of women and of children, some of them six years
of age and younger, and the poverty, wretchedness, and distress of
the laboring class increased. He who wishes to get a glimpse of the
condition of the laboring population of that period needs only to
read the reports of the commissions of 1816,1 1831,3 and 1833.3
In 1831, following a series of letters by Richard Oastler on the sub
ject of “ Yorkshire Slavery,” Michael T. Sadler introduced his 10hour bill. In his speech Sadler vividly described the condition of
the laboring classes, the excessive hours, overheated atmosphere, and
shocking cruelties to which the children were subjected.4 As a
1 R eport of th e M inutes of E v id en ce tak en before th e Select C om m ittee on th e S tate of th e Children
em ployed in th e M anufactories of th e U n ited K ingdom from A p ril 25,1816, to Ju n e 18, 1816.
2 R eport from th e C om m ittee on th e B ill to R egulate th e L abor of C hildren in th e Mills and Factories
of the U nited K ingdom , w ith th e M inutes of E v idence, A pp en d ix and Index, M arch 16, 1832, to A ugust
8, 1832.
3 R ep o rt of th e Factories In q u iry Commission—S u p p lem en tary R eport of th e C entral B oard of H . M.
Commissioners ap p o in ted to collect Info rm atio n in th e M anufacturing D istricts, as to the E m ploym ent
of C hildren in F actories, an d as to th e P ro p rie ty an d Means of C urtailing th e H ours of th eir Labor.
Vols. I and II , 1834.
* A H istory of Factory Legislation, b y B. L . H utchins an d A. H arrison, W estm inster, 1903, p. 33.
28
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
result of Sadler’s agitation, a parliamentary committee was appointed
with Sadler as chairman.
Although the manufacturers and mill owners were the ones who
insisted upon the appointment of the parliamentary committee of
which Sadler was the head, the report of the Sadler committee was
too radical for them, and after Sadler’s sudden death they insisted
upon the appointment of a commission not so friendly to the labor
ing class, which submitted its findings in 1833.
Although the members of this later commission were practi
cally the appointees of the manufacturing interests, and although
some of the commissioners were inimical to further labor legisla
tion,1 the general consensus of opinion of the commissioners, and
of Parliament, after hearing their report, was for the enactment of
new labor legislation. Althrop’s act of August 29, 1833, was the
result of the great pressure of public opinion, to which the Govern
ment was forced to respond in spite of the opposition of manufacturers
and in spite of the doctrines of the political economists of that period.
The act of 1833 still applied to textile factories only. It prohibited
employment of children under 9 years, restricted the work of children
between 9 and 13 to 9 hours daily and 40 hours weekly, provided for
their school instruction 2 hours daily, prohibited work of young
persons between 13 and 18 from 8.30 p. m. to 5.30 a. m., and limited
their work to 12 hours daily and G9 hours weekly; made provision
for 1| hours mealtime, and continued the old provision for the white
washing of walls in factories.
The act of 1833 is no less epoch-making in the history of the admin
istration of labor laws than the act of 1802 in the history of labor
legislation itself. By this act the first attempt was made to secure
the enforcement of labor laws by the creation of a hitherto unknown
state institution for administration.
With the passage of the act of 1833 factory legislation in England
passed out of the embryonic stage and entered the period of adminis
tration and enforcement. The political economists of that time as
well as the representatives of the manufacturing interests were cer
tain that this act would insure the ruin of English industry and
disaster to English commerce. When, however, the experience of the
first 10 years of the administration of this act had belied the dismal
prophecies of its detractors and had proved the fallacy of the reason
i In the report of th is commission, Vol. I, p. 226, E . Carleton Tufnell, one of th e subcom m ittee, is quoted
as follows: The conclusion to w hich I arrive is, th a t the tales of factory cruelties are u n tru e , an d if they
were true the factory b ill of L ord Ashley could do no more th a n increase the evil; an d th a t all factory bills,
from th e ir very n ature, can n o t b u t have th e same effect. The true interests of h u m a n ity , of justice, and
of m orality, require th a t n o t only no new factory bill should be passed, b u t th a t every former one be instan tly
repealed. If the parents are in h u m an enough to overwork their children, P arliam ent can n o t rem edy the
e v il b y setting itself u p as the universal guardian of the offspring of the poor. The cause of the grievance
obviously lies in th e b ad m oral character of the parents; an d on raising th a t character, w hich factory bills
more effectually debase, depends the only chance of cure. I perceive th a t m y opinions are different from
those of some of m y colleagues.”
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
29
ing of its opponents; when the growing experience of the factory
inspectors themselves and the agitation among the laboring classes
had convinced the Government not only of the wisdom of the act of
1833 but also of the need for the further extension of the law, the act
of 1844 was passed by Parliament, marking a third epoch in the
history of factory legislation.
ACT OF 1844.
This act was applicable to all textile factories with very few excep
tions. The persons protected by this act belonged to four classes
instead of three as in the former act, but a compromise was made with
the employers by reducing the age of children whose work was
entirely prohibited to 8 instead of 9 as formerly. The provisions for
children between 8 and 13 remained much the same as before except
that 3 hours daily instead of 2 were allowed for school instruction,
that the work of young persons between 13 and 18 was limited to 12
hours daily and 69 hours weekly. A new class of persons was added
to those protected, namely, women, who were put in the same class
as young persons between 13 and 18 and whose hours of labor were
limited to 12 hours daily and 69 hours weekly. The 12-hour work
day began from the time any protected persons started work in the
morning. Meal hours remained the same, but no protected person
was allowed to remain in the factory during the meal hour and all
meal hours had to be taken at the same time. The hours were
regulated by public clocks.
The first attempt to provide against accidents was made by pro
hibiting the cleaning of machinery in motion by children or young
persons, by requiring the fencing of flywheels, and the guarding of
dangerous parts of the machinery. The fines for violations of the
law were to go to the injured persons. Provision was made to protect
the workers from excessive dampness in the process of wet spinning.
The work of children between 8 and 13 was limited to one period
of 6J or 7 hours either before 1 p. m. or after 1 p. m. Nightwork
was prohibited, as before, between the hours of 8.30 p. m. and 5.30
a. m.
The one sanitary requirement was still further reduced, white
washing of factory walls being made obligatory only once in 14
months and painting once in 7 years.
PERIOD BETWEEN ACTS OF 1844 AND 1878.
The period between the acts of 1844 and 1878 was marked by
two main tendencies in the enactments for the protection of work
ers. On the one hand, it was sought to introduce a normal
workday by still further limiting the hours of children, young per
sons, and women, and by establishing a 10-hour workday. On the
other hand, the textile manufacturers, having become convinced that
30
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
there was very little probability of the repeal of the obnoxious fac
tory laws, began an agitation for an extension of the acts to other
industries, claiming that the acts handicapped them unfairly in com
petition with manufacturers in other industries.
The act of 1847, known as the 10-hour act, provided that no female
or young person should work more than 11 hours in one day or 63
hours in one week after July 1, 1847,, and 10 hours daily and 58 hours
weekly after July 1, 1848. The normal workday act of 1850 pro
vided a 12-hour period between 7 a. m, and 7 p. m. with 1-| hours for
meals, and a 10-hour normal dav?s work. This act was amended
in 1853.
Meanwhile, by concerted action, the factory owners, joining forces
and creating the National Factory Owners’ Association, which
counted a great many members and represented a vast combination
of capital, began an agitation against not only the enforcement of
the old laws by the factory inspectors, and especially those requiring
the fencing of horizontal shafts over 7 feet high,, but also against
all factory acts. Indeed, in their partisan agitation, they, even
advocated the total repeal of all the factory acts. The act of 1856
was partly a result of this agitation of the National Association of
Factory Owners. It modified all the general provisions for safe
guarding machinery, nullifying much of the work of the factory
inspectors, and marking a retrogressive step in the general trend of
labor legislation.
With the acts of 1853 and 1856, labor legislation, so far as textiles
were concerned, came to a standstill and remained at practically the
same point for the next 20 years or more. In the meanwhile
the main progress in factory legislation was made in the extension
of the existing regulations to other industries. This began with
the extension of the law to printing, bleaching, and dyeing factories
in 1845 and 1847r to lace manufacture in 1861, and, in 1864, to the
production of alkali and to many other industries enumerated below.
ROLE OF THE VARIOUS COM M ISSIONS OF INQUIRY, ETC.
In all labor legislation in England, a most important part was
played by the various investigating commissions appointed from time
to time by Parliament. As has already been seen, many provisions
of the act of 1833 owed their inception to the commissions of 1816,
1831, and 1833. The act of 1844 was in great part due to the work
and reports of the “ Select Committee appointed to inquire into the
operation of the act for the Regulation of Mills and Factories” (1840).
The “ Children’s Employment Commission” (1843—1845) played an
important role in the extension of factory legislation to other indus
tries, which extension was carried still further by the “ Commissioners
on Bleach and Dye Works (1854-55); the “ Select Committee of the
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
31
House of Commons on Bleach and Dye W orks” (1857-58); the u Com
mission on the State of Children Employed in Lace Manufacture”
(1861); and finally by the six successive reports of the “ Commission
on the Employment of Children and Young Persons in Trades and
Manufactures not already regulated by law ” (1862-1867). Further
extensions were due to several minor committees, and, finally, as a
result of the labors of the u Commissioners Appointed to Inquire into
the Working of the Factory and Workshop Acts, with a view to their
consolidation and amendment” (1876), the consolidating act of 1878
was passed.
The main feature of the act of 1864 is the widening of the definition
of “ factory” so as to include “ any place where persons work for
hire” and the extension of the factory acts to potteries, to the manu
facture of lucifer matches, of percussion caps and cartridges, of
hosiery and lace, to the employments of paper staining, fustian
cutting, etc. Provision was made in 1864 for the prevention of the
dangerous effects of work in alkali and bleaching establishments
by the passage of the alkali act.
By the act of 1867 the factory acts were extended to workshops,
there being still at the time an arbitrary distinction between factory
and workshop, based upon the number of workers in the establish
ment. It was early seen that if the factories were under legislative
control and the workshops remained without supervision, the result
would probably be unfair competition of the small shops with the
large ones and an inevitable increase of the workshops at the expense
of the factories. Therefore, in 1867 workshops were included in the
legislative provisions for control. As it was impossible, however,
for the factory inspection department, with the small number of
inspectors it had at that time, to take care of workshops as well as
factories, the enforcement of the workshop act w^as given over to the
local sanitary authorities.
The same act of 1867 extended the factory laws to blast furnaces,
copper, iron and brass forges, foundries, tin plate, steel, paper,
glass, gutta percha and tobacco manufacture, and to printing, on all
premises where 50 or more persons were employed. The act also
contained a large number of complicated exceptions.
In 1871, by the act of that year, the local authorities having failed
to administer the workshop act successfully, the jurisdiction over
workshops was given to the factory department.
In the early seventies the mass of labor legislation consisted of
some 15 various acts passed since 1802. The legislation relating to
factories and workshops was highly complicated, partly conflicting,
full of exemptions, exceptions, etc. The definitions of textile and
nontextile factories, the difference between factories and workshops
were based upon arbitrary provisions, and the wiiole mass of labor
32
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
legislation was in such a shape that its enforcement could not be
uniform nor successful without a proper codification of all the laws.
The commission of 1875 was the last of the great commissions on
factory acts, and the most important part of its deliberations is the
consolidating act of 1878. By this consolidating act the whole factory
law was systematized, and adequate provisions made for proper admin
istration and enforcement. By this act the definition of factory and
workshop w^as first established and based, not upon the number of
persons in the establishment but upon the fact of the presence of
machinery driven by motive power.
The history of labor legislation since 1878 embraces, on the one
hand, the continuation of the policy of the extension of state protec
tion to all persons engaged in gainful occupations and the extension
of the factory acts to all industries and trades, no matter where these
are located or housed; and, on the other hand, it presents two new
tendencies not fully embraced in former legislation. These are (1)
the special protection of workers in so-called dangerous trades; and
(2) the protective extension of state interference into home and-do
mestic work. The power, which has been given by the factory act
to the Home Secretary to make special regulations for dangerous
trades, has been utilized, so that now a large number of special
industries and industrial branches have been brought under special
rules and regulations. The requirement of a list of outworkers in
many industries and the greater supervision of the sanitary conditions
under which home w^ork is done have brought about a greater protec
tion of these workers.
SCOPE OF THE PRESENT FACTORY AND WORKSHOP ACTS.1
The legislative provisions in the factory and workshop acts may be
divided into two main groups— (1) those relating to sanitary conditions
of factories and workshops and safety of the workpeople; (2) those
relating to the conditions of employment for children, young persons,
and women.
APPLICATION OF THE LAW AND DEFINITIONS.
The factory and workshop acts do not apply to mines and quarries
deeper than 20 feet. These are under the control of the central
Government and under a separate bureau known as the Bureau of
Inspection of Mines. Railroads are also not included in the factory
and workshop acts; the administration of the law^s applied to them is
under the control of the Board of Trade. The factory and workshop
acts apply fully to all factories and workshops, and to a certain limited
extent to (1) docks, wharves, quays, and warehouses; (2) buildings
in course of construction and repair; and (3) railway lines and sidings
used in connection with factories and workshops.
1 Most of th e inform ation presented u n d e r tills h ead is d raw n from " T h e L aw R elating to Factories and
W orkshops,” A b rah am an d Davies, Sixth E dition, London, 1908, pp. 0-14 an d 377-457.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
33
The application of the law concerning industrial conditions as well
as protected persons differs with the various kinds of establishments
which are under the control of the factory inspection department.
Outside of the three minor groups already indicated, all industrial
establishments are divided into two main groups— factories and
workshops— the definitions of which are based principally upon the
fact of the presence of machinery driven by steam, water, or other
mechanical power. Although the presence of machinery driven by*
mechanical power is the main distinction between factory and work
shop, there is, however, a list of 20 classes of works, 18 of which are
defined to be factories and not workshops, whether mechanical power
is used in them or not. Besides this general division, there are sev
eral minor subdivisions:
Factories.— (1) Textile, (2) nontextile, (3) domestic, (4) tenement.
Workshops.— (1) Domestic, (2) adult, (3) male adult, (4) tenement.
A textile factory is one where mechanical power is used to work
machinery employed in preparing, manufacturing, or finishing, or in
any process incident to the manufacture of cotton, wool, hair, silk,
flax, hemp, jute and tow, china grass, cocoanut fiber, or other like
material. Print works, bleaching and dyeing works, lace ware
houses, paper mills, flax scutch mills, rope walks, and hat works are
not regarded as textile factories.
Nontextile factories are generally premises other than textile fac
tories, where any articles are made, altered, repaired, ornamented,
finished, or adapted for sale by means of manual labor exercised for
gain, if mechanical power is used on the premises.
A domestic factory means a private house, room, or place which,
though used as a dwelling, is by reason of the work done there a fac
tory or workshop, as the case may be, in which either steam, water,
or other mechanical power is used in aid of the manufacturing process
carried on, and in which the only persons employed are members of
the same family and actually living on the premises.
A tenement factory is a building which contains several factories
separately occupied.
Workshops are defined generally as places, not being factories,
where any articles are made, altered, repaired, ornamented, finished,
or adapted for sale by means of manual labor exercised for gain.
There is a list of 11 classes of works, which are nontextile factories if
mechanical power is used there; but which are defined to be work
shops if no mechanical power is used.
There are four special classes of workshops which are for certain
purposes distinguished from ordinary workshops.
Domestic workshops.— Various private houses, places, or rooms
where no power is used, in which the only persons employed are
members of the same family actually living there.
32447°—Bull. 142— 14------3
34
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Adult workshops.—Workshops conducted on the principle of not
employing children or young persons, but employing women.
Male adult workshops.— Where no child, young person, or woman
is employed.
Tenement workshops.— Places where, by arrangement with the
owner or occupier, two or more persons carry on work, which, if they
were in the employment of either, would constitute the place a work
shop.
INDUSTRIAL CONDITIONS.
The factory and workshop acts contain numerous provisions as to
the condition under which workers are allowed to continue their work.
These industrial conditions, which are carefully regulated, are the fol
lowing: The construction of the factories and workshops, fire hazards
and protection, safeguarding of machinery and prevention of acci
dents, ventilation, air space, temperature and humidity, sanitary
conveniences, and sanitary conditions.
PROTECTED PERSONS.
The persons protected by the factory and workshop acts are divided
into several groups:
Children under 12, who are prohibited from work.
Children between 12 and 13.
Children between 13 and 14.
Young persons between 14 and 16.
Young persons between 16 and 18.
Women.
Adults.
The protection given in the law relates to the hours of labor,
which vary / according to the age and sex of the protected person.
They also vary with the kind of work place, the kind of industry, and
the kind of industrial process, as do meal hours, weekly periods of
employment, holidays, etc.
In all the numerous provisions about industrial conditions and
protected persons, there are a number of exceptions and exemptions,
some of them stated in the law, others subject to special orders,
rules, and regulations by the Home Secretary.
DANGEROUS TRADES AND INDUSTRIES.
Aside from these general provisions applying to factories and work
shops, there are a number of special trades and industries which are
regarded as dangerous, and for which the law has special provisions,
rules, and regulations; also for which it is provided that the Home
Secretary may issue special orders, rules, and regulations which when
issued under certain conditions become parts of the factory act, and
have the force of law. There are also special provisions relating to
laundries and bakehouses.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
35
The following industries are those which as dangerous trades are
subject to special regulations, issued by the Home Secretary, over
and above the ordinary provisions of the act:
Manufacture and decoration of earthenware and china.
Making transfers for earthenware and china.
The manufacturing of patent fuel with pitch.
Quarries.
The coating of metal articles with a mixture of lead and tin or
lead alone.
The extraction of arsenic.
Shipbuilding.
White lead works.
Red and orange lead works.
Yellow lead works.
Smelting of materials containing lead, the manufacture of red or
orange lead, or of flaked litharge.
Mixing and casting of brass and of certain other alloys.
Handling of imported hides and skins.
Manufacture of bichromate, or chromate of potassium, or sodium.
Vulcanizing of india rubber by means of bisulphide of carbon.
Chemical works.
Bottling of aerated water.
Manufacture of felt hats, where any inflammable solvent is used.
File cutting by hand.
Manufacture of electric accumulators.
Loading, unloading, etc., of goods at docks, wharves, and quays.
Spinning by self-acting mules.
Sorting, etc., wool, goat hair, and camel hair, and processes inci
dental thereto.
Spinning and weaving of flax and tow, and the processes incidental
thereto.
Use of locomotives, cars, etc., on tracks and sidings in or at fac
tories or workshops.
Manufacture of paints and colors.
Heading of yarn dyed by means of a lead compound.
Spinning and weaving of hemp or jute, or hemp or jute tow.
Manufacture of nitro and amido derivatives of benzene and the
manufacture of explosives with use of dinitrobenzol or dinitrotoluol.
Bronzing with dry metallic powders.
Generation, transformation, distribution, or use of electricity.
Enameling, vitreous, of metal or glass.
Grinding of metals and racing of grindstones.
The use of horsehair from China, Siberia, or Russia.
This brief review of the general scope of the factory and workshop
acts of England has been given not so much to furnish a resume of
the actual provisions of the law, as to indicate the complexity of the
36
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
law, the wide range covered by it, and the multiplicity of exceptions
and exemptions, and thus to exhibit the enormous difficulty which
the factory inspection department must find in the administration of
a law so complex.
HISTORICAL DEVELOPMENT OF ADMINISTRATIVE CONTROL.
Public utterances during the first decades of the nineteenth cen
tury, descriptions in the public press, and public documents, as well
as evidence given before the commissions of 1816, 1831, and 1833,
agree that the provisions of the factory and workshop acts of the
first three decades in the nineteenth century were not enforced and
remained practically a dead letter.. The reasons for this failure in
enforcement are not very difficult to see. There was no adequate pro
vision made for their administration or enforcement; such provisions
as there were, were vague in meaning and insufficient. The act of
1833 marks an epoch in the history of the administration of labor
laws, just as the act of 1802 begins the era of labor legislation in this
and other countries.
METHODS OF ENFORCEMENT UP TO 1833.
The methods of enforcement contemplated in the act of 1802 and
in the subsequent acts of 1825 and 1831, consisted merely in the
provision that the justices of the peace were to appoint annually
two visitors in each industrial locality; the visitors, one of whom
was to be a clergyman, and the other, one of the justices themselves,
were to act without pay. The justices had the right to inflict fines
from £2 to £5 ($9.73 to $24.33) for violations of the law; and in
order to get information from employees or those who worked in
the shops, provision was made that informers should receive half
of the money from fines. In practice, it became evident that the
work of the visitors was merely nominal, that most of them were
opposed to the letter as well as to the spirit of the law, that they
had to inspect the shops of their own neighbors and friends in the
localities in which they lived, that their inspections were perfunctory,
and that they often notified their neighbors of their intended visits.
It was also proved that there were very few employees who dared to
inform against their employers, and that such informers were black
listed by the employers and boycotted by their fellow workers.
In 1815 Peel advocated in his second bill the appointment of proper
special officers, also named by the justices, but paid for their work;
while in 1819 Robert Owen advocated the appointment of govern
ment inspectors, but there seems to have been much opposition on the
part of the manufacturers, as well as on the part of the Government
itself to the creation of a new institution.
Thus, the improvement of labor conditions by the first factory laws,
was at the best, slight; and the evidence before the committee of
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
37
1816 and especially before the commissions of 1831 and 1833, bore out
the contention that without a special department for the administra
tion of the labor laws, and the appointment of well paid and qualified
officers, there could be no enforcement of the acts.
FIRST PROVISIONS FOR FACTORY INSPECTION, 1833.
In 1833, the Government was finally compelled to include in its
bill a definite provision for the administration of the labor laws and
for the creation of a new department, that of factory inspection.
Four inspectors were to be appointed by the Home Secretary, with a
salary of £1,000 ($4,866.50) a year. At the request of the inspectors
the Home Secretary could appoint “ mill wardens,” or as they were
later called, superintendents, who were to assist the inspectors in their
work and were to be under their jurisdiction. The inspectors had
wide powers. They had the right to enter factories and mills during
work, could enter schools and all parts of the factory, had the right
to prescribe rules and regulations to the employers, determined the
forms of certificates and registers to be kept by the employers and
employees, gave orders and notices to employers, held hearings, com
pelled testimony, and interrogated employers and employees.
Inspectors could also act as complainants in prosecuting employers
for violations of the law, and could even act at times as justices,
and impose fines for such violations.
No one in a factory was to claim ignorance of the act and every
occupier was to receive a printed abstract of the act. Every factory
had to keep a register of protected persons; children and young
persons had to present certificates of age issued by physicians and
surgeons qualified by a degree from a college and university; children
were also to give a certificate of physical fitness; and owners had to
prove the school attendance of their child employees through a
written certificate from the teacher. Various penalites were fixed
for violations of the act, and half of the fines were to be given to
informers. The inspectors had the right to take with them into the
factory or school any persons needed for assistants; but the super
intendents had no right of entry into the factory proper.
The inspectors were to make quarterly reports, to be published
semiannually. They were to confer twice a year, and for this purpose
had to meet in London and report to the Home Secretary.
THE FIRST INSPECTORS.
In the selection of the first inspectors the Government was for
tunate in obtaining the services of very competent and high-class per
sons, as indeed was the intention of the act, judging from the fact
that it gave these inspectors such powers and wide discretion, and
set their salary at £ 1 ;000 ($4,866.50), a munificent sum at that time
for a State official. It can not, however, be said that the first inspec
38
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
tors were selected from among the advocates of State interference or
were very friendly to the factory acts; two of them were members
of the commission of 1832 which was rather opposed to the factory
acts, and a third was a member of the bar.
The first inspectors were R. J. Saunders, T. Jones Howell, R. Rick
ards, and M. Musgrave. Mr. Musgrave resigned in a few weeks and
Mr. Leonard Horner was appointed in his stead.
The first budget for the factory-inspection department from April,
1834, to March, 1835, provided for the salaries of inspectors and
superintendents, £4,250 ($20,682.63),. which with, the amount required
from the date of appointment to March 31, 1835, £1,959 ($9,533.47),
made a total of £6,209 ($30,216.10), from which a deduction was
made from the pay of one of the inspectors who was receiving a com
pensation of £500 ($2,433.25) on abolition of an office formerly held
by him, so that the total budget for the 13 months beginning with
April, 1834, was £5,709 ($27,782.85). It is therefore clear that this
budget omitted entirely salaries for superintendents, and at first
none were appointed.
The whole United Kingdom was divided for the purposes of inspec
tion into four inspectorial districts; the first inspector receiving about
22 eastern and southern counties of England; the second, the middle
western counties of England, nearly all of Wales and the southern
part of Ireland; the third, the manufacturing counties of York, Lan
cashire, Chester, half of the counties of Derby and Stafford, and the
three northern counties of Wales; the fourth, the four northern
counties of England, the whole of Scotland, and the northern part of
Ireland. B y this division the inspector of the third or Manchester
division, in spite of his small territory, received nearly half of all the
factories in the United Kingdom. The division was at first as
follows:
First district: R. J. Saunders, inspector; 299 factories.
Second district: T. J. Howell, inspector; 495 factories.
Third district: R. Rickards, inspector; 2,785 factories.
Fourth district: Leonard Horner, inspector; 581 factories.
After 1837 the country was redistricted and a more nearly equal
number of factories was given to each inspector.
In 1834 there were in England, Scotland, and Ireland altogether
3,094 factories. Of these, 2,642 were in England, 388 in Scotland,
and 64 in Ireland.1
DIFFICULTIES OF ENFORCEMENT.
The first work of the newly appointed inspectors was to undertake
a joint tour of inspection throughout the country so as to learn the
conditions with which they had to deal. x\fter this tour each returned
1 TTeyer, “ Die L n^lische ra ^ rik in sp e k tio n ,” p. £S; also R eport of Inspectors, 1S35.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
89
to his own district and began the attempt to enforce the act of 1834.
From the beginning the task proved to be herculean. Among the
difficulties to be met were the following: (1) The inexperience of the
inspectors and their doubt as to the exact provisions of the law;
(2) the lack: of safeguards against various evasions of the law; (3) the
difficulty of enforcing the provisions against the labor of children and
young persons; (4) the inadequate educational provisions, the
immense territory to be covered, and the amount of work to be done;
(5) the opposition on the part of employers, workers, parents, the
public, the magistrates, and the Government itself.
It has already been mentioned that the first inspectors were not
ardent supporters of State interference. Respecting the act of 1833,
one of the inspectors (R. J. Saunders) writes as follows:1
* * * i was je(j £0 believe that a serious injury was about to be
inflicted on all classes engaged in manufacture, * * * and
* * * joined my colleagues in July, 1834, in recommending two
changes: * * * It was not, however, long before we found that
we had been misled in various particulars, and that it was necessary
for the interest of the working classes to modify our opinion. * * *
The inspectors wore uncertain not only of the wisdom of the law
but of the extent of their powers and of the exact intentions of the
Government as to enforcing the law. They had no knowledge of
industrial conditions and no experience in the administration of the
laws, and were therefore handicapped in many ways in their work of
inspection and enforcement.
It was only because of the intelligence, honesty, and impartiality
of the first inspectors that their work did not suffer too greatly from
the conditions under which they had to do it. The future of factory
inspection and the success of labor legislation depended upon the
work of these pioneers— men who set up such a high standard of
inspectorial work that future legislation had to follow in their foot
steps and other countries had later to adopt their standards and
follow their example.
These inspectors had to deal very tactfully, diplomatically, and
leniently with the manufacturers. They endeavored to convince
them of the beneficence of the law and to enforce it more by moral
suasion than by prosecution. Sometimes they resorted to the pub
lication of the names of flagrant offenders in their reports or in the
public press.
At the same time the inspectors were making a profound study of
industrial conditions, a study which was extremely beneficial to
themselves in changing their previous opinions as to labor conditions
and the wisdom of State interference, and also enlightening to the
Government, to Parliament, and to the public.
1 R eports of tlio Inspectors of Factories, for th e half year ending 31st O ctober, 1848, p. 109.
40
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
It did not take much, time to effect this change in their original
views. The inspectors soon found that the dismal prophecies made
by the opponents of the acts that English industry was to be ruined
by them were not fulfilled and that, as Robert Baker states in one of
his reports, “ the condition of the persons employed in them [the
factories] shows the absolute necessity for supervision, and has
strengthened the opinion I formed five-and-thirty years ago, when
first beginning to visit factories, that free labor (if it may be so
termed) even in a free country, requires the strong arm of the law to
protect it from the cupidity and ignorance of parents; * *
1
It has been seen that at first there was no provision made in the
budget for the appointment of superintendents, but at last, after
repeated demands by the inspectors, several were appointed for each
inspector though salaries given by the Home Secretary were very
small, only £250 ($1,216.63), which sum was later increased to £350
($1,703.28) for those who were not assigned to office work. These
superintendents had no right to visit factories and this interfered a
great deal with the success of the administration, for it soon appeared
that the inspectors themselves had not time to make frequent inspec
tions.
The territory which the inspectors had to cover embraced the whole
of the United Kingdom and the work of inspection was therefore Very
difficult. In 1835, Inspector R. Rickards wrote in his report2—
*
* * that neither the superintendents nor the inspectors can
have much rest from their labors. The fact is, the former are in con
stant motion from town to town and from station to station * * *.
Their zeal in the performance of their duty is exemplary, and their
success has hitherto been great, but the labor imposed on them is still
too severe. Nothing, as before observed, can make a factory law
really efficient but a constant inspection of the interior of the mills.
In 1839 the four inspectors had 4,438 factories under their control
and had only 15 superintendents for the actual work of inspection.
The act of 1834 was thus necessarily inadequate in many of its pro
visions and there were as yet no safeguards to prevent the evasion of
the law or to insure its proper administration. The principal pro
visions, those relating to the prohibition of the work: of children
under nine years and the restriction of older children from working
too long hours, were made very difficult of enforcement, (1) by the
fact that at that time there was not any birth registration in Eng
land, and (2) that it was impossible or very difficult to determine the
ages of children and their physical fitness as the law required. The
sections restricting the hours of labor of older children and young
persons were also in great part nullified by the lack of a provision for
1 R eports of th e Inspectors cf Factories, for th e half year ending 31st O ctober, 1864, p. 34.
2 R eports of th e Inspectors of F a c to rie s A ugust, 1835, p. 8.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
41
the hours of beginning and closing work. In the absence of compul
sory education and of adequate educational institutions in the coun
try, the educational provisions were also very difficult to enforce.
Indeed, it can not be said that there existed any educational facil
ities whatever at that time; the schools attached to some of the
factories were farcical; some of them were located in cellars, others
were presided over by illiterate schoolmasters who were unable to
sign their own names. There was no standard for physical fitness or
for the qualifications of the physicians giving certificates. In some
factories the certificates were found to have been given by veterina
rians, barbers, and similarly unqualified persons; in others, the inspec
tors found a regular traffic in certificates among the children.
While the inspectors themselves had extraordinary powers, legis
lative as well as executive, the superintendents, who were supposed
to do the real work of inspection, as has been noted, had not even
the right of entry to the factories, and were thus very much obstructed
in their inspectorial work.
The inspectors had to travel long distances and to transact a
large amount of business and correspondence, and to hold con
ferences with various members of Parliament, officers, and com
missioners, and so could devote to inspection only a very small
number of days during the year. In a report presented to Par
liament in 1840 the inspectors stated that out of 250 to 300 working
days during the year they could give to the work of inspection only
from 50 to 100 days. The superintendents were supposed to inspect
each factory in their districts three times a year, but they had to pay
their own expenses and provide their own subsistence while traveling.
To save expense they made their visits very brief and hurried, and
some of the outlying places were hardly visited at all. In one of the
reports it is stated that a superintendent visited 27 mills in one
day and traveled 47 miles. The inspectors were forced to draw
the attention of the superintendents to this hasty work and to ask
them to make their inspections more thorough.
But the greatest difficulty which inspectors had to meet in their
administration of the factory acts was the opposition, violent and
concerted, of practically everyone with whom they had to deal.
The employers deeply resented the new form of State interference.
They regarded industry and manufacture as the bulwark of the
country’s prosperity and the freedom of trade as something sacred.
They were incensed by the temerity of the Government in sending
informers and spies into their factories, and in interfering with their
inviolable right to do whatever they pleased in their own establish
ments.
Nor was there much support for the law among the workers them
selves. The provision for inspection met with nothing but ridicule.
42
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
“ It was assumed that as the inspectors were to be appointed by the
Government, they would necessarily be mere tools in the hands of
the manufacturers.” 1
The Leeds Intelligencer, August 10, 1833, thus expressed the
popular sentiment:
The inspectorships are a lumbering affair, and will turn out in
practice, we suspect, a nullity; their chief recommendation with
their projectors is probably the patronage they afford.2
The inspectors could naturally find no support in their work from
the parents w^ho trafficked in the work of their children. These
parents looked upon the inspectors as enemies who were taking
their bread away from them, and who made it impossible for them
to hire out their young children to help them or contribute to their
idleness.
The inspectors also found very little sympathy among the magis
trates, who were loath to impose penalties upon manufacturers
living in their own localities. Some of the fines imposed were
ridiculously small, and at one time the factory act was called by
the public in derision the “ sovereign remedy,” from the fact that
a magistrate imposed no greater fine than one sovereign or pound
($4.87).
Inspector IIorner?s report of 1836 says 3 that “ disregard of the
law had been so frequent that it was found necessary to institute
no less than 114 prosecutions, * * * and in these prosecutions
were laid 504 informations for various offenses.” The fines imposed
in cases of conviction were very small. Of the 458 convictions.
345 were visited with penalties of 20 shillings ($4.87) each.4
The Government itself was not very strong in its alliance with the
inspectors or in its support for their arduous work. The factory
act had been passed as a compromise, and its enforcement seemed
not to be the intention of the Government. In many of their activi
ties the inspectors were hampered by the Government. This was
notably the case in the appointment of certifying surgeons by some
inspectors, and also in the failure of the Government to approve
rules and regulations issued by the inspectors.
W ORK OF THE FIRST INSPECTORS.
In spite of all the difficulties and notwithstanding the opposition
from all sides, the work of the first inspectors during the first 10 years
of the existence of the department was nothing less than remarkable.
After the first general tour of inspection, the first four inspectors
began their work of organization and inspection in their respective
1 A H isto ry of F acto ry Legislation, by B. L. H u tch in s an d A. H arrison, W estm inster, 1903, p. 55.
2 Idem ., p. 53.
3 H eports of th e Inspectors of Factories for th e half year ending D ecem ber 31, 1836, p. 5.
4 Idem , p. 0.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
43
districts. They appointed their superintendents and issued special
rules and regulations for their guidance. They also printed abstracts
of the law and issued special rules and regulations for various estab
lishments under their jurisdiction. They used the press as a medium
to let the public and the employers know of the exact provisions of
the law. They also provided for special forms, registers, and cer
tificates to be used in the factories. They inspected the educational
establishments, whatever they were, supervised the school and educa
tional activities in the factories, examined the children for their
educational qualifications, rejected certain schools as inadequate, and
even endeavored to establish schools themselves. When they found
that the certificates of physical fitness given by the ordinary physi
cians in the factory localities were not worthy of credence, they
appointed a number of physicians in each locality who were termed
“ certifying surgeons” and were given the exclusive right of issuing
certificates of age and fitness. At first this action was not approved
by the Home Secretary, but it was adhered to by the inspectors
and finally was incorporated in the act of 1844.
The superintendents were instructed by the inspectors to make
frequent inspections and as thorough inspections as they could under
the handicap of the lack of right of entry into the factories. A num
ber of superintendents, in spite of the low salary attached to this
office, W ere of very high character and qualifications. Some of them;
like Robert Baker, who was afterwards chief inspector, were physi
cians and surgeons. The inspectors received weekly reports from
their superintendents and gave them frequent instructions, approving
or criticizing their work. The relations between the superintendents
and the inspectors were in most cases very friendly, although in one
case the superintendents under one of the inspectors complained very
much of his harsh treatment and unjust attitude. This inspector
looked upon his office in a different light and performed his duties in a
different manner from the other inspectors. His reports show that he
refrained from visiting the factories, contenting himself with inquiring
from manufacturers whether or not they complied with the law.
He even instructed his superintendents to O. K. certain factories
where the register showed a violation of the law. Most of his first
reports are full of affidavits and testimony that the law was being
complied with in Scotland and that the conditions in the factories
were excellent. Some of his superintendents were greatly hampered
in the work by his partiality, and one of them resigned in disgust, as
testified before the commission of 1840, because of his inability to
work under the harsh management of this inspector. The semi
annual conferences of inspectors were of great assistance in making
the work of the inspectors more uniform. During these conferences
the inspectors also conferred about the various modifications and
44
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
amendments of the law which were recommended to strengthen it.
A joint report of Horner, Saunders, and Stuart in 1839 speaks
favorably of a proposition for the creation of the office of inspector
general.1
During all this time the inspectors made valuable studies of indus
trial conditions, partly on their own initiative and partly upon
the demand of the Government and of members of Parliament.
Their work was so thorough and so impartial that the public soon
began to trust their opinion and to take their advice in matters
of labor legislation. During the 10 years from 1834 to 1843 the
inspectors had a total of 4;145 prosecutions with 3,401 convictions,
the total number of penalties recovered being £6,895 2s. 2d.
($33,555.04). Of course, these prosecutions and convictions were
for only a very small part of the violations which the inspectors dis
covered and probably for only an infinitesimal part of the violations
which at that time existed. Nevertheless, such was the magnitude
of the work performed by the first inspectors during the first 10
years of their activity that it made an indelible impression upon the
industrial conditions of the country and made the factory acts laws
respected and feared, if not obeyed.
ACT OF 1844.
Mention has already been made of the influence of the inspectors
upon the act of 1844. Especially is this true in the administrative
part of this law. The act of 1844 made numerous changes in legisla
tion and especially in administration. It has been seen that the
most important departures were the extension of protection to other
industries besides textile; the inclusion of women among the pro
tected persons and the provisions for the safeguarding of machinery
and prevention of accidents.
The legislative powers, as well as the judicial, were taken away from
the inspectors; but,on the other hand, their rights were more clearly
defined— the right of appointing certifying surgeons confirmed, while
to the superintendents was given the right of entry to all factories
and schools.
The amount of fines or penalties for violating provisions of the
law was raised, registration and notification of factories made oblig
atory, the fine for obstructing inspectors in their duty increased
from £20 ($97.33) to £50 ($243.33). The rules and regulations of
the factory inspectors regarding registration of children and young
persons, and the various forms to be used by occupiers, abstracts of
acts to be hung in factories, etc., were all confirmed, and the hands
of the inspectors strengthened in many other ways. The certificates
i R eports of tlie Inspectors of Factories an d W orkshops for th e half year ending 31st D ecem ber, 1S39, p. 24.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
45
of fitness and ©f age were to bo given by the certifying surgeons in
the factory itself, and the provisions about certifying surgeons, their
fees, etc., were strengthened and clearly defined. The forms of cer
tificates to be used by the surgeons were made uniform, and inspectors
were given the right to annul certificates which they did not approve.
The enforcement of the provision for the short-time work of chil
dren between 9 and 13 years of age was made more possible by the
provision that no child should work more than 6 J hours before the
midday hour or after 1 o’clock. The provisions in regard to meal
hours were made very stringent and provisions were made for mealtime
during the hours from 11 a. m. to 4 p. m.
There appeared a great change in the attitude of the manufac
turers as well as the public at the end of the first 10 years of
activity of the inspectors. The factory acts were no longer regarded
as an irrevocable mistake, the factory department was recognized
as an established institution, and a large number of the enlightened
manufacturers were ready to comply with the law. Many of the
manufacturers began to agitate for an extension of the provisions of
the law to other industries as well.
While, therefore, there seemed to be not so much open opposi
tion to the general provisions of the law concerning protected per
sons, there suddenly appeared a great and concerted opposition
on the part of the manufacturers against some of the provisions of
the act of 1844 as to the safeguarding of machinery. This opposition
was called forth by the orders from inspectors to inclose all driving
shafts, even those which were more than 7 feet above the floor.
Unless one studies the annals of those days one is at a loss to under
stand the fierce opposition and the great agitation and strife brought
about by this seemingly innocent order. Manufacturers combined
themselves in a strong factory owners’ association and conducted a
most extraordinary and bitter struggle and agitation in the press and
in Parliament against the “ arbitrary and willful” orders of the
inspectors. At one time the association counted over 5,000 members.
They even succeeded in getting Miss Harriet Martineau to write a
pamphlet attacking the Government and the inspectors.
In a pamphlet by Richard Oastler on “ Factory legislation/’ etc.,
mention is made of some of the epithets hurled by the National
Factory Owners’ Association at the inspectors, who were called
“ blind,” “ unreasonable,” “ untruthful,” “ despotic,” “ common
policemen,” “ spies,” “ informers,” etc.
As a result of the agitation of the association, some retrograde laws
were passed in 1850 and 1856 which succeeded in somewhat reducing
the administrative power of the inspectors and weakening the law
in some respects. But the work of the inspectors was continued in
the same forceful manner as before. The inspectors felt the ground
46
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
solid under their feet; they had become formal adherents of State
control; they had learned the industrial conditions with which they
had to deal; had become experts in the various intrigues involved
in their relations with dishonest and greedy factory owners, and, in
general, performed a great service. In the case of Mr. Horner per
sonally, even Karl Marx could not refrain from saying that lie
deserved immortal honor from the workers for his work in factory
administration. England as w~ell as the wiiole civilized world owes
a great debt to the first inspectors. They surmounted great obsta
cles, overcame grave difficulties, molded public opinion, and helped
labor legislation and the success of labor administration in all
other countries as w^ell as in England.
No one can tell what the fate of labor legislation would have
been had England not been so fortunate in her selection of the first
factory inspectors. The time came at last, 20 or 30 years after
their appointment, when the whole country, manufacturers as well
as ‘workers, Parliament as well as the public, became convinced that
the work of the inspectors was a great constructive work; became
convinced of the high character of the inspectors, of their absolute
integrity and remarkable ability, and of the great worth of their
achievement.
CHANGES IN THE PERSONNEL.
There were few changes in the personnel of the inspectors during the
first 15 years of the existence of the department. In 1850 one resigned
and Capt. Kincaid was appointed in his stead, but held at the same
time the office of prison inspector. In 1858 the death of Mr. Howell
is recorded. In 1859 Inspector Horner resigned after 25 years of
service. In 1861 Capt. Kincaid resigned. At this time Mr. Robert
Baker and Mr. Alexander Redgrave were appointed to succeed Messrs.
Horner and Howell. During 1860 there were only three inspectors;
and during 1862 only two.
The nonappointment by the Government of successors to the other
two inspectors was due to the agitation for a more centralized form
of organization of the factory department. This was necessary in
view of the fact that the number of subinspectors, as the superintend
ents were called after 1S44, increased; and it was difficult to supervise
the whole force or to make the work uniform with a large number of
subinspectors under several chiefs.
With the increase in the amount of the work of supervision and
the number of factories to be inspected, and with the participation of
the two principal inspectors in various parliamentary inquiries, etc.,
it soon became necessary to provide some assistants to the two prin
cipal inspectors in order to supervise the whole force throughout the
United Kingdom. In 1867, therefore, the Government appointed
two assistant inspectors who were really to serve as deputies to
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
47
Principal Inspectors Baker and Redgrave, although, their functions
were as je t undefined and they had not all the powers of inspectors
or subinspectors.
When in 1867 the factory acts were extended to workshops the giv
ing over of the enforcement of the workshop extension act to the in
spectors was at first contemplated; but it was feared that it was impos
sible to appoint as large a number of factory inspectors as would be
needed to take care of the workshops. Therefore the enforcement
of the workshop extension act was given over to the local authorities.
When, however, this experiment proved a failure, the act of 1871
gave the administration of the workshop act over to the factory
department.
It then became necessary to greatly enlarge the force of inspectors
and a partial reorganization was made in 1871. This reorganization
consisted not only in the division of all the inspectors into two grades,
but also in the appointment of a new class of junior inspectors as
assistants to the regular first and second grade inspectors, with quali
fications, however, of the same character as were required from the
regular subinspectors. In 1871 the organization of the department
was therefore as follows:
Chief inspectors..................- ..........................................................................................
Assistant chief inspectors..............................................................................................
Sub inspectors, of grade 1 (those with more than 15 years’ experience), salary <£410
to £500 [$1,995.27 to $2,433.25] a year, with a yearly increase of £15 [$72.98]___
Subinspectors, of grade 2 (those with less than 15 years’ experience), salary £300
to <£400 [$1,459.95 to $1,946.60] a year, with a yearly increase of £10 [$48.67]___
Junior subinspectors (salary £200 to £300 [$973.30 to $1,459.95] a year, with a yearly
increase of £10 [$48.67]..................... ........................................................................
2
2
8
Later 11 more junior subinspectors were appointed, and in 1875
two more assistants to the chiefs.
APPOINTMENT OF ASSISTANT INSPECTORS.
During these changes in the personnel and the increase in the force
of the factory inspection department there was a great agitation by
the representatives of the trade-unions for the creation of a new class
of inspectors, consisting of workmen who had had factory and work
shop experience. The trade-unionists claimed that more sympathy
toward the working population and factory workers could be ex
pected from inspectors who themselves came from the working class,
and that the enforcement of the provisions of the workshop act did
not call for the high educational qualifications needed for the other
factory inspectors.
There was at first considerable opposition on the part of the regular
inspectors, voiced especially by inspectors Redgrave and Baker.
The inspectors resented the imputation that they could not feel
sympathy for the working population, and pointed with pride to
48
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
the history of the factory department and the work of the inspectors
and subinspectors since its creation. Inspector Redgrave in his report
for the half year ending April 30, 186S, claimed that it would not be
economical to create an inferior grade of inspectors. His remarks
are as follows: 1
Having had many years’ experience as an inspector, I had always
been of the opinion that a staff well employed and adequately remu
nerated would be more economical and more efficient than a larger
staff of gentlemen, possibly not working so hard, and not so well
paid.
In 1873 he continued in his report as follow s:2
My experience has proved to me that the law is obeyed more
readily and cheerfully when administered by persons of some social
position than by persons holding an inferior rank. I attribute much
of the success of the factory acts to the fact that they have been
administered by men of intelligence, thoroughly relied upon for im
partiality and integrity— men whose discretion in sometimes delicate
circumstances can be relied upon— in order to retain the hold we
have always had upon the confidence of manufacturers and opera
tives. I also consider it of great importance that the inspecting offi
cer should be of a rank in life and education at least equal to the
better class of masters. The employment of an inferior class of sub
inspectors could only be organized where the work of the two officers
was clearly defined. Not so in the factory department. The duties
of subinspectors could not be separated in a similar way; a subin
spector and his subordinate have to make the same investigations,
to go over the same ground, * * *. Another serious objection to
employment of inferior inspectors is * * * the system of “ tip
ping,” * * *.
This opinion, however, to which Redgrave adhered during all his
service as inspector and chief inspector does not seem to have been
shared by the Gladstone Government, which in 1881 made the experi
ment of appointing one workman as inspector, exempting him from
civil service requirements.
Meanwhile there was much friction between the two inspectors^
Baker and Redgrave. They differed in their opinions upon many
subjects connected with the department, and in 1878 Mr. Baker
resigned after nearly 50 years of service, and Alexander Redgrave
was appointed chief inspector, thus at last centralizing the whole
department under one head. He held his office until October, 1891,
when he was succeeded by Frederick H. Whymper; the latter soon
retired on account of ill health and was succeeded in 1892 by R. E.
Sprague Oram, who in turn retired in March, 1896, and was suc
ceeded by Dr. Arthur Whitelegge, who is at present the chief factory
inspector.
1 R eports of th e Inspectors of Factories fcr th e h alf year ending 3Gth A pril, 18G8, p. 9.
2 R eports of th e Inspectors of Factories for th e half year ending 31st O ctober, 1873, p. 9.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
49
The precedent of the Gladstone Government in appointing a work
man inspector was not followed until 1892, when the Government
at last appointed 15 workmen inspectors, called assistant inspectors,
without civil-service examinations. The Trade Union Congress of
1893 unanimously thanked the Government and expressed their hope
for the extension of this division of factory inspection.
The following excerpt from the report of 1893 by Chief Inspector
Oram is interesting in this respect:1
As it was evident that the existing staff of inspectors could not
visit the workshops, especially in the manner contemplated by the
act of 1891, they being so very numerous, and as it was also evident
that upon the efficiency and vigilance of the inspection brought to
bear upon them the observance of the law would depend, you con
sidered it desirable to introduce into the service a new class of in
spectors, not so highly educated nor so highly paid as those on whom
the work has hitherto devolved, but drawn from the working class
themselves— men, who from their antecedents and from their training
might be supposed to have a specially keen eye for the sort of defects
which deteriorate the health of the workers who are found in these
places. You accordingly appointed 15 assistants to H. M. inspec
tors, all of them workingmen, in order to reach amongst others the
lowest class of workshops, places which but for their appointment
must have remained undiscovered and their evils unremedied. Even
this large reinforcement has left us still short handed for the work
we have to accomplish, but you have announced your intention
shortly to increase the number of this class of public servants.
The new staff of assistant inspectors was put under the jurisdiction
of one inspector, who reported a considerable amount of work for the
year 1892. He showed that the nine inspectors, who were assigned
to the inspection of London workshops, visited during the year 4,423
workshops, 2,054 domestic workshops, 3,825 outworkers, attended to
a large number of complaints, instituted 242 prosecutions, of which
only 14 cases were dismissed, and recovered £203 ($987.90) as penalties.
Since that time there has been some change made in the status of
the assistant inspectors (1) in that they have been scattered through
out the whole inspectorial districts and one assistant or more given
to each district inspector; and (2) in that they have been divided into
two grades, so that at present each district inspector has one or
more assistant inspectors whose chief duty is the inspection of the
workshops, outside of the sanitary conditions which are under the
jurisdiction of the local authorities, and who make such inspections
to detect violations of the Sunday law, work in bakeshops, etc., as are
assigned to them by their district inspectors.
There is, however, at present much agitation going on, especially
among the trade-unions and the representatives of the labor class in
1 R ep o rt of th e Chief Inspector of Factories an d W orkshops for th e year 1893, p. 18.
32447°—Bull. 142—14------ i
50
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Parliament, and there is considerable criticism of the attitude of the
Government toward the workmen inspectors in the department.
This criticism is mainly directed to the following points: (1) The
small number of the assistant inspectors, (2) their low pay, and (3)
their inferior status in the department.
The representatives of the laboring class in Parliament urge an in
crease of the inspectors coming from the working class, as this would
mean a more frequent inspection of the workshops and home workers
at a comparatively small expense, in view of the low salaries of these
inspectors.
The complaint made as to the low pay and the inferior status
of these inspectors has been very bitterly expressed in the parlia
mentary debates. In a recent debate one of the labor members
spoke as follows: 1
W e have pressed, and we shall continue to press, that the assistant,
the working-class assistant, shall have a very much wider door open
to him to pass up than has been the case hitherto. He could not do
worse than is being done, and the chances are that he would do very
much better. * * * If the department had gone on in a totally
different line from the beginning, the work would have been better
done than it has been. The absurdity of setting aside a certain body
of men, known officially as “ Mr.,” and putting others over them who
are known officially as “ Esquire,” is just like calling certain cricketers
“ professionals” and others “ gentlemen.” That is simply absurd.
The partisans of the assistant inspectors point out that not only
do they receive very small pay in comparison with the other inspec
tors, but that the examinations are made so difficult that it is impos
sible for even experienced assistant inspectors to get out of their class
and become regular inspectors. They also complain that these assist
ant inspectors are allowed third-class railway fare only and a com
paratively low allowance for expenses, which puts them i:i a very
inferior position during their travels and before other people.
On the other hand, it has been pointed out by the Home Secretary
that six or seven assistants have in recent years taken an examina
tion for inspectorships and have successfully passed and have become
regular inspectors.
There seems to be as yet prevalent among the inspectors in the
department a feeling not much different from that expressed by Chief
Inspector Redgrave when he opposed the creation of an inferior class
of inspectors. It is pointed out that the creation of an inferior class
of inspectors is not leading to good discipline within the department;
that the social relations between the two classes of inspectors are
more or less strained; that these assistant inspectors are not so trained
in all the branches of activities in workshops as to be able to under
1 P a rliam e n ta ry D ebates (Official R ep o rt), F ifth Series—Vol. L V , H ouse of Commons, July 23,1913,
pp. 2066, 2067.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
51
stand the technicalities of all workshops; that they are unable to
command the respect of the employers, who speedily recognize their
inferior status by their demeanor and habits of speech, and that the
general value of the w^ork of these assistants is rather doubtful.
This opinion has been forcibly expressed as follow s:1
It is somewhat doubtful whether this new departure has been
attended with the success which was anticipated by its advocates.
It is evident that the work of inspection requires many qualities
which are to be found only in educated men, endowed with a con
siderable amount of tact; and this, perhaps, is even more necessary
in dealing with the small employers in workshops than with large em
ployers who are more familiar with the requirements of the factory
acts.
W O M EN ’ S DEPARTMENT.
At the same time that the agitation was going on for the appoint
ment of assistant inspectors there w^as also a strong agitation for the
appointment of women as inspectors, especially when the various
acts were passed extending the jurisdiction of the inspectors to all
industries, also to those which included woman’s work, homework,
etc. The women’s trade union congresses and organizations urged
from time to time, as early as the seventies and also in the eighties,
that women inspectors be appointed. Inspector Redgrave was a
consistent opponent of this scheme, as well as of the appointment
of assistant inspectors; in his report for December, 1879, he alludes to
this agitation and gives his opinion as follows: 3
So long as the duties of inspectors of factories are conducted upon
their present lines, I do not see how the services of practical working
men or of ladies could be made available to render the administration
of the law more effective. * * * Possibly, * * * some de
tails here and there might be superintended by a female inspector,
but * * * I fail to see the advantages likely to arise from her
ministrations in a factory or a workshop so opposite to the sphere
of her good work in the hospital, the school, or the home.
In 1892 Home Secretary Asquith received a deputation from the
Women’s Trade Union League pressing for the appointment of
women inspectors. He promised to comply with their request and
in July, 1893, the first two women inspectors were appointed in the
persons of Miss Abraham and Miss Patterson. Miss Abraham had
previously been a member of a labor commission, and was also a
member of the Women’s Trade Union League.
Chief Inspector Oram, who favored this change as well as the
appointment of assistant inspectors, wrote as follows in his report
for the year 1893:3
Being of the opinion that the field for the employment of women,
within the limits of their own special capacities and aptitudes, should
1 A H istory of F acto ry Legislation, b y B . L . H u tc h in s a n d A. H arrison, W estm inster, 1903, p p . 248,249.
a R eports of th e Inspectors of Factories a n d W orkshops, for th e half year ending 31st O ctober, 1879, p. 100.
^ R ep o rt of th e Chief Inspector of Factories an d W orkshops for th e year 1893, p. 10.
52
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
be as wide and as large as you could possibly make it, and that there
is no field in which they could be more usefully or fruitfully employed
than in looking over the health and the industrial conditions under
which, their fellow women labor in the factories and workshops, you
appointed two ladies as inspectors, whose labors have already been
found most useful; the appointment of two others, with suitable
qualifications, which has been determined upon, will, I believe, also
be a great additional advantage to the department.
The main arguments for the appointment of women were (1) the
large number of women in manufacturing establishments in the
United Kingdom; (2) the greater understanding of women for the
needs of their sex and of the children; (3) the greater confidence that
women would feel toward women inspectors; (4) the feeling of modesty
in most women, which prevents them from making complaints against
certain sanitary inconveniences to male inspectors; and (5) the
special adaptability of women for the inspectorial work.
The two women who were appointed as inspectors were not given
special districts but were assigned to make special inquiries in the
principal towns, acting as peripatetic inspectors. The first work of
Miss Abraham was to make an examination of millinery, dressmaking,
and tailoring shops in London, as well as to make an extended trip
in various cities and towns in England, making a special inquiry into
the laundry and lucifer-matcli trades. Miss ‘Patterson made a tour
of Scotland and made an inquiry into the conditions of laundries,
dairy farms, etc., and studied the problem of overtime work in some
factories. Each of them made a very exhaustive report to the chief
inspector in 1894.
Because of the knowledge and experience of the first women ap
pointed, as well as their high social position, the first women inspectors
were not assigned to subordinate positions. Moreover, -their work
did not consist in regular inspection in the districts, but in making
special inquiries and investigations which gave full play to their
abilities as investigators. Their work seems to have met great appro
bation, especially with the public, and in the next year two additional
inspectors were appointed, Miss Anderson and Miss Dean. Miss
Anderson was a university graduate, a member of a woman’s uni
versity settlement, and served as civil service commissioner for two
years previous to her appointment as factory inspector; Miss Dean
was for two years a sanitary inspector of the Kensington district of
London.
In 1895 a separate department, called the female inspectors depart
ment, was organized and in the spring of 1896 a fifth woman inspector,
Miss Squire, also a former sanitary inspector of Kensington, wTas
appointed, and Miss Abraham was appointed superintending inspector
of this separate department.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
53
The work of the women inspectors gave good results and was
valuable also because it acted as a stimulus to the male inspectors.
From the beginning there was some resentment among the inspectors
toward the women inspectors, and as Miss May E. Abraham, now
Mrs. H. J. Tennant, remarked: “ The knowledge of years in age and
in service, a certain sense of territorial possession as district inspectors,
gave natural ground for resentment of the younger peripatetic
women inspectors.” 1 Perhaps this was one of the reasons; but
besides this reason the inspectors probably felt the injustice of
comparing their routine work with the work of the women inspectors
who had no special districts to attend to, no clerical work to do,
no special duties to perform, no responsibilities to their superiors,
and who were not limited either as to the time or the extent of their
special inquiries and studies. The inspectors felt that they could
do the work just as well as the women. There was a doubt in their
minds as to the ability of women to do better work than the men,
especially if these women were of the same class as the rest of the
inspectors. There was a feeling that the appointment of women in
a special department within the department would result in a com
plicated service, a duality of work, overlapping of duties, and a lower
standard of discipline.
There seemed to be considerable friction and some conflict between
the men inspectors and the women inspectors. Mrs. Tennant, in
the article mentioned, speaks of the “ prejudice, distrust, and almost
unanimous objection of the men inspectors against the introduc
tion of women into the department.” She even claims that “ some
district inspectors gave warning to the employers of the impending
visit of a woman inspector, which visit was in courtesy notified to
him, such action being deplorable in its influence.” She also men
tions the fact of a district inspector testifying in a case of prosecu
tion by a woman inspector against the woman inspector’s findings.
When, in 1898, Mrs. Tennant resigned, the title of Superintendent
Lady Inspector was abolished and her successor “ was appointed to
an oflice,” as Mrs. Tennant says, “ of altered title and reduced power.” 1
The power, too, of the general staff of women inspectors was reduced.
Mrs. Tennant complains that “ my successor’s title of ‘ Principal
L ady’ suggests a leading position in a comic opera rather than in a
Government department.” This reduction in the status was criti
cized as injurious to the authority and influence of the women’s
department.
She also complained that under the new regulations all prosecu
tions had to be submitted to the chief inspector and that the woman’s
1 The W om en’s F acto ry D ep artm en t, F o rtn ig h tly Review , Ju ly , 1£98, p. 149.
54
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
superintending inspector “ is in fact, as a woman, placed in sub
ordination to the men’s department.” 1 When now a woman
inspector discovers a case of insufficient ventilation, structural
alteration, insufficient heat, etc., she gives the matter into the hands
of the district inspector.
In spite, however, of the criticisms of the inspectors on the one
hand, and the agitation of the Women’s Trade Union League and
other trade-union organizations, the status of the women inspectors
has remained about the same since that time, with a constant increase
in the number of women inspectors and with not many great changes
in their functions.
In the parliamentary debate, already referred to, members of
Parliament expressed their high regard for the work of the women
inspectors.2
In his reply to the criticisms of the work of the men inspectors as
compared with that of the women inspectors, the Home Secre
tary, Mr. McKenna, explained the difference in the status and in the
work of the two classes of inspectors, and the seeming brilliancy of
the reports of the women inspectors. The fact remains, however,
that there seems to be abroad a feeling that the women inspectors
are doing better and more efficient work than the male inspectors, that
their reports are more interesting, and that the number of woman
inspectors should be increased even at the expense of the men
inspectors’ department.
RELATION TO LOCAL AUTHORITIES.
The origin and historical development of the duality of control,
which is found in the administration of labor laws as far as they
affect workshops, dates to the early sixties, when first the factory
acts were extended to workshops and when the domestic manufac
turing specialty was brought under the control of the State. When
in 1864 the number of subinspectors was increased in order to cope
with the control of workshops, for at that time, according to the
findings of the children’s employment commissioners, “ no adminis
trative machinery could be suggested so efficient and satisfactory as
the existing one of factory inspection,” 3 it was found that the num
ber of inspectors would have to be greatly and unduly increased in
order to be able to take care of all the workshops. When, however,
in 1867, “ practically all emanual labor exercised by way of trade or
for purposes of gain’ was brought under inspection, the experiment
1 T he W om en’s F acto ry D e p artm e n t, F o rtn ig h tly R eview , J u ly , 1898, p. 151.
2 P arliam en tary d e b ates (Official R ep o rt), F ifth Series—Vol. L V , H ouse of Commons, 23 J u ly , 1913,
p . 2069.
3 A H isto ry of F actory Legislation, by B. L. H u tch in s an d A. H arrison, W estm inister, 1903, p. 223.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
55
was tried of making the local sanitary authorities responsible for the
administration of the law in workshops.” 1 But it is explained,
“ this experiment, which lasted for four years, proved, with very few
exceptions, to be a complete failure,1 * *
This failure is partly explained by the defects in the law itself, by
the fact that the law provided for a permissive instead of a compul
sory enforcement of the law by the local authorities, and failed to
provide against the various methods of evasion of the law. The result
was deplorable. There were few places where the workshop act was
properly enforced by the local authorities, the exception being a very
few cities and localities where the health authorities appointed special
officers for its enforcement.
So patent was the failure of this experiment, so completely did
the London vestries in particular neglect their duty, that Parliament
quickly withdrew the power that had been given to them, and in
1871 the administration of the workshop regulations was intrusted,
like the rest of factory legislation, to the Home Office.2
The act of 1871 read as follows:3
It shall cease to be the duty of the local authorities to enforce the
provisions of the workshops acts, 1867 to 1871, and it shall be the
duty of the inspectors and, subinspectors of factories to enforce the
provisions of these acts.
This large increase of work for the factory inspectors, from 30,000
places under their control in 1867 to 110,000 in 1871, made neces
sary a reorganization of the factory department, an enlargement of
its working force, and created many difficulties from which the
department still suffers.
During the same year of 1871 a new class of junior subinspectors
was appointed. But the increase in the number of the force was
inadequate to insure the proper enforcement of the law in the work
shops, and the result was not only a lax administration of these laws
as far as relates to workshops but also a neglect of much of the real
factory-inspection work hitherto done by the department. With
the enactment of the public-health act in 1875 a large part of the
sanitary control of workshops was again found to be in the jurisdic
tion of the local authorities and there was again quite a confusion
as to the exact functions of each class of inspectors. One of the
mayors of the city council is quoted in this relation as follow s:1
There was evidently a missing link in this business and it was this,
that nobody seemed to know where the duty of the sanitary inspec
tor ceases and where the factory inspector begins, * * *.
1 A H isto ry of F a c to ry Legislation, b y B . L . H u tch in s an d A . H arrison, W estm inster, 1C03, p. 225.
2 A m y H arrison in “ Econom ic R e v ie w /7 J an u a ry , 1901, p. 33.
3 A H isto ry of F acto ry Legislation, by B. L . H u tch in s a n d A. H arrison, W estm inister, 1C03, p. 230.
56
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
In 1890 the select committee of the House of Lords on the “ sweat
ing system /7 oblivious of the experiences of 1867 and 1871, recom
mended the same thing, which became a law in 1891, and for nine
years the 100,000 women of London had to rely for protection
against unsanitary conditions, not on the health authorities or fac
tory inspectors, but on the tender mercies of the London vestries.
For the first four years after 1891 it is not too much to say that
42 of the 43 local authorities in London wholly neglected the work
which Parliament had given them to do with regard to workshops.2
The solitary exception was Kensington, which had four sanitary
inspectors. Throughout London the factory act of 1891 was practically
ignored. uIn fact, in 33 out of the 43 districts into which London
is, for sanitary purposes, divided, the inspection of women’s work
shops in 1900 is scarcely more effective than it was in 1867.” 2
The act of 1901 still further increased the powers of the local
authorities, and while here and there some of the officers of the local
authorities are fully able to perform their duties, in the majority
of localities this work is still very much neglected and the enforce
ment of the acts leaves much to be desired in relation to sanitary
conditions of workshop.
This dual control of workshops leads to an overlapping of functions
the solution of which is still problematic. As was said:"1
With regard to the division of functions between factory inspectors
and sanitary inspectors, the act of 1901 makes little change. The
result of the present confusion is not so much that friction is caused by
two sets of officials doing the same work twice over, as that the work
is neglected owing to the fact that both sides are practically respon
sible. There is no doubt that until the local authorities are compelled
to appoint a certain number of inspectors, according to the number
of workshops, there will be no uniform system of inspection and the
action of the local authorities shall be decided largely by personal
inclination of the individual medical officers of health.
The practice at present is for a factory inspector, noticing any
defects in sanitary conditions when on his inspection, to refer this
matter to the sanitary inspector or health authorities. If on a
future visit he finds that the defect has not been remedied, he'may
either notify the local authorities or institute prosecution himself^
charging the expenses to the local authorities. The factory inspector
has no knowledge of the visits of the health officer or sanitary in
spector in the workshop, and the only way by which the visits of the
health inspector are known is by the annual reports of the various
health officers.
1 A H isto ry of F acto ry Legislation, b y B. L. H u tch in s and A. H arrison, W estm inster, 1903, pp. 236,237.
2 A m y H arrison in “ Econom ic R eview ,” Jan u a ry , 1901, p. 33.
3 P a p e r re a d before th e B ritish Association for Labor Legislation, Section F , by Miss H u tc h in s, Belfast,
1902.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
57
CERTIFYING SURGEONS.
It has been seen that as soon as the first four inspectors began their
work in 1834 they came to the conclusion that there was no possi
bility of enforcing the provisions as to child labor without proper
certificates of health and age, and without physical examination of
the child workers. Inspector Rickards first appointed, on his own
initiative, a number of physicians who were to give certificates,
thus giving birth to the new institution of certifying surgeons. The
example was followed by Inspector Horner and later by the other
inspectors, and although at first opposed by the Home Office, it was
afterwards tacitly consented to.
In 1844 the status of the certifying surgeons was legalized, and
henceforth they became a part of the factory-inspection system.
According to this act, all children under 16 had to bring a surgeon’s
certificate not later than seven days after the beginning of work;
the only physicians entitled to give such certificates were those
who had diplomas from universities and colleges; these surgeons
were appointed and discharged by the inspectors with the approval
of the Home Office, their districts were limited by the inspectors,
and their names attached to the registers, constantly kept at the
entrance to each factory. Their examinations were to be made
within the factory on forms prescribed by the inspectors and for
fees to be paid by the owners, as mutually determined or set by the
inspectors.
In spite of these wise provisions, the matter of certification, in the
absence of general health registers and in the absence of uniformity
of service throughout the United Kingdom, left very much to be
desired. Many of the certificates were fraudulently obtained and
trafficked in, and many of the surgeons neglected their duties very
much. In Scotland certification was hardly in existence. Inspector
Stuart cared very little about this institution of certifying surgeons,
while Inspector Kincaid, who succeeded him, had no time for their
supervision nor for the general inspectorial work, as he held
at the same time the office of inspector of prisons, so that for many
years the work of the certifying surgeons was not satisfactory and,
during the sixties, Inspector Redgrave claimed that in view of the
general adoption of the birth and baptismal certificates, there was no
further need of the work of the certifying surgeon.
This matter seemed to be one of the several points upon which
the two chief inspectors, Redgrave and Baker, differed very much
and which led finally to the resignation of Inspector Baker.
Inspector Baker was himself formerly a certifying surgeon and
insisted upon the great value of the surgeons’ work in factory inspec
58
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
tion, especially upon tlieir examination for certification of physical
fitness. When the acts were extended to workshops, the number
of children who had to be examined was so large that both Redgrave
and Baker united in the provision that not all factory children need be
examined in the factories, but that in all factories employing more
than five children those children might be examined in the homes
of the certifying surgeons.
Under the acts passed since 1867 the duties of certifying surgeons
have greatly increased, and besides certification for physical fitness
their duties embrace also the investigation of accidents, industrial
poisoning, etc.
ADMINISTRATIVE PROVISIONS.1
The part of the factory and workshop act relating to the administra
tion of the law and its enforcement is embraced in those sections of
the act referring to—
1. The orders of the Home Secretary.
2. The powers, duties, etc., of the inspectors.
3. Duties, etc., of the occupiers.
4. Relations to the local authorities.
5. Provisions applying to certifying surgeons.
6. Provisions relating to legal proceedings, prosecutions, and pen
alties.
POWERS, ETC., OF THE H OM E SECRETARY.
B y the act of 1834 the factory inspectors were given the right to
make special rules and regulations, a right they had used at the begin
ning, but which was taken away from them by the act of 1844 and
concentrated in the hands of the Home Secretary. Since that time all
the succeeding laws have recognized the wisdom of giving wide powers
and discretion to the Home Secretary in the interpretation of the vari
ous acts and in the definition of certain of their provisions as well as
the granting of 'exemptions, exceptions, etc. The Home Secretary
is given power to issue orders which become legal without being laid
before Parliament. These orders may be issued only when they deal
with the following subjects:
1. Power to act in default of local authority.
2. Substitution of owner for occupier for certain purposes in cottonoloth tenement factories.
3. Alteration of table of humidity.
’ 4. Exemption of Crown factories and workshops in public emergency.
5. Repeal of provisions in previous acts.
1 T he inform ation presented u n d e r th is h ead has te e n d raw n from “ T he Lav/ d e la tin g to Factories and
W crk sh o p s,” A b rah am an d D avies, s ix th edition, L ondon, 19C8, pp. CS-127.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
59
The Home Secretary is also given power to make special orders,
which must be duly published for the information of persons who
are interested, and laid before Parliament. Any orders may be
annulled by resolution within 40 days without prejudice to the making
of a new order. If not so annulled, they have the force of law. The
cases in which special orders affecting occupiers may be made are as
follows:
Special obligations.
Prohibition of taking meals in certain parts.
Requirement of certificates of fitness for workshops.
Requirement to keep list of outworkers.
Prohibition of employment of outworkers in unwholesome premises.
Prohibition of home work where there is infectious disease.
Requirement of extra space when artificial light is used.
Requirement of special cleanliness or ventilation where special
exception is allowed.
Requirement of extra space when place is occupied by day as
workshop and by night as sleeping apartment.
Requirement of thermometers in factories and workshops.
Standard of ventilation.
Standard of sufficiency and suitability in sanitary conveniences.
Requirement of notice of certain diseases in factory or workshop.
Adaptation of provisions relating to cotton-cloth factories to textile
factories.
Requirement of particulars in nontextile factories and workshops
and for outworkers.
Special pow ers.
Employment from 9 a. m. to 9 p. m.
Substitution of another day for Saturday.
Continuous employment for five hours in textile factories between
November 1 and March 31.
Continuous employment for five hours in hosiery factories.
Allowing different holidays to different persons.
Overtime employment for half an hour at end of day.
Overtime employment of women to meet bad weather cr press of
orders.
Overtime employment of women to preserve perishable articles.
Overtime employment in water mills.
Night employment of male young persons of 14.
Treatment of separate branches as separate factories or workshops.
Variation of period of employment and partial employment on
Sundays and holidays in creameries.
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Special exem ption s .
From obligation to limewash.
From obligation to make all mealtimes simultaneous.
From prohibition of employment or of presence during mealtimes
in rooms where work is being done.
From regulations as to inside and outside employment.
From application of act to certain domestic workshops.
From application of provisions as to period of employment, times
for meals, and holidays.
а. In fish preserving on arrival o f the fishing boats;
б. In fruit preserving during certain months.
From regulations as to grindstones in tenement factories.
Further, the Home Secretary may issue regulations for dangerous
trades. Notice of proposed regulations has to be given to persons
concerned, and, if objections are raised, a public inquiry may be
held in a manner similar to that which obtains in the case of special
inquiries into the causes of accidents. The inquirer, after hearing
the evidence, may amend the draft regulations, which have then to be
submitted to Parliament as in the case of special orders.
“ Thus the secretary of state for the Home Department has very
wide powers under the factory and workshop acts, and these powers
are freely used in certain cases. It is beginning to be felt that the
multiplicity of orders is becoming burdensome, and, although com
plaints are rightly made that certain dangerous trades are still with
out regulations, and that the powers of the Home Secretary are still
insufficiently exercised in this direction, yet the complications aris
ing from an excessive number of orders on a variety of subjects have
the serious disadvantages of rendering administration more difficult
and making it impossible for the persons chiefly concerned to have a
detailed knowledge of the law.” 1
POWERS, ETC., OF THE INSPECTORS.
The administration of the factory inspector’s department is given
in the charge of the Home Secretary and all appointments of inspec
tors of all grades are made by him. An inspector is generally author
ized to exercise such powers as may be necessary for carrying the
acts into effect. In particular he has the following powers:
To enter by day any place which he has reasonable cause to believe
to be a factory or workshop;
To enter, inspect, and examine, either by day or by night, at any
reasonable time, any place which in fact is a factory or workshop or
any part of one, if he has reasonable cause to believe that any per
son is employed there;
1 R ep o rt on th e A d m in istratio n of th e L abor Law s in L^nited K ingdom , a p a m p h le t of 47 pages p u b
lished by th e B ritish Association for L abor Legislation, an d com piled by £ophy Sanger, honorary secre
ta ry , 1908, p. 29.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
61
To take a constable into a factory or workshop if he has reasonable
canse to fear obstruction;
To require the production of the registers, certificates, notices, and
documents kept in pursuance of the acts, and to inspect, examine,
and copy them;
To ascertain whether the requirements of the factory acts and the
public health acts are complied with in a factory or workshop;
To enter any school in which he has reasonable cause to believe
that any children employed in a factory or workshop are being
educated;
To examine, either alone or in the presence of any other person,
with respect to matters under the acts, any person whom he either
finds in a factory or a workshop or a school, or has reasonable cause
to believe to be employed in a factory or workshop, or to have been
so employed within two months;
To require any such person to be so examined, and to sign a declara
tion of the truth of his statements; and
To prosecute, conduct, or defend before a court of summary juris
diction, or a justice, any proceeding arising under the factory acts
or in the discharge of his duty.
The occupier of a factory or workshop and his agents and servants
are obliged to furnish an inspector with the means required by him
for the exercise of his powers.
The following acts are declared to amount to obstruction of an
inspector, and to be punishable by fine:
Delaying an inspector in the exercise of his powers;
Failure to produce a certificate or document;
Failure to comply with an authorized requisition by an inspector;
Concealing or preventing a child, young person, or woman from
appearing before an inspector or being examined by him; and
Attempting to conceal or prevent such a person from so appearing
or being examined.
Any person may decline to answer a question which tends to
incriminate him, and commits no offense by so declining.
Every inspector is furnished with a certificate of his appointment,
and on applying for admission to a factory or workshop he must,
if required, produce his certificate to the occupier. Any person who
either forges such a certificate, or uses a forged or false certificate,
or personates an inspector, or falsely pretends to be an inspector,
may be imprisoned for a period not exceeding three months, with
or without hard labor.
Besides the ordinary powers enumerated above, an inspector has
certain other powers and duties, which are:
To take proceedings where the district council are in default;
To take part in proceedings at inquests;
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
T ° approve of a school for a child’s attendance, where there is no
recognized efficient school which the child can attend within 2 miles
of its residence;
To appoint certifying surgeons;
To enforce the truck acts;
To enforce the elementary education acts so far as concerns the
employment of children; and
To enforce the prevention of cruelty to children act, 1894, if so
directed by the secretary of state.
The position of the inspector, as far as relates to the sanitary con
dition of workshops, is taken by the district council, acting by their
officers, the inspector of nuisances and the medical officer of health,
who for this purpose have all the powers of a factory inspector.1
DUTIES, ETC., OF THE OCCUPIERS.
The duties of occupiers, especially those relating to notices, registers,
and returns, are thus defined:2
Notices to be exhibited in the factory or workshop;
Registers and lists to be kept in the factory or workshop;
Notices, etc., to be sent.
Notices to be exhibited.— Notices in a factory or workshop must be
affixed at the entrance, and in other places where required by the
inspector. They must not be removed, and must be so placed as to
be easily legible. The obligation to exhibit notices does not apply
to domestic factories or workshops, to men’s workshops, to docks,
wharves, quays, warehouses, or to buildings in course of construction,
but in each case an abstract of the applicable provisions of the prin
cipal act is officially printed and obtainable.
It is compulsory in every factory and workshop to exhibit notices
showing the following matters:
An abstract of the acts in the prescribed form, which include—The name and address of the prescribed inspector.
The name and address of the certifying surgeon.
The clock (if any) by which times are fixed.
The number of persons who may be employed in each room.
The period of employment and mealtimes, and the mode of
employment of children.
Prohibition of employment of children and young persons in
certain places.
Prohibition of taking meals in certain parts.
It is compulsory in Scotland and in Ireland to exhibit a notice
showing the holidays for the year. This must be done in the first
week in January.
1 The L aw R elating to Factories an d W orkshops, A b rah am an d D avies L ondon, 1908, pp. 98-101.
2 Idem , p. 101.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
63
It is compulsory in certain factories and workshops to exhibit
notices showing the following matters:
Special rules or regulations in force for dangerous trades.
Supplementary abstract for humid textile factories—
Cotton cloth.
Other.
Humidity table—
Spinning by French or dry process.
Other humid textile processes.
(In cotton cloth and other humid textile factories.)
Humidity record—
Humid cotton-cloth factories.
Other humid textile factories and works under flax or hemp
and jute regulations.
Where it is intended in particular factories or workshops to take
advantage of certain special provisions of the acts, it is necessary as
a condition of the right to take such advantage to exhibit notices
showing the following matters:
Women’s workshop system.
Eight hours’ employment of women and young persons.
Alteration of system of employing children.
Change of hours or mealtimes.
Fixing or altering holidays.
Thermometer dispensing with daily readings—
Hemp and jute regulations.
Flax regulations.
Intention to act upon a special exception.
Registers and lists to he kept.— These registers and lists must be kept
open to inspection by the inspector. They need not be kept in
domestic factories or workshops and the only requirement which
applies to men’s workshops is that relating to outworkers’ lists. They
are as follows, with their official numbers:
The general register, for factories and workshops in which certifi
cates of fitness are required (37); for other workshops (38), showing
the prescribed particulars as to—
a. The children and young persons employed;
b. Limewashing;
c. Every accident of which notice must be sent to an inspector;
d. Every special exception of which the occupier avails
himself;
e. Certificates;
f. Industrial poisoning;
g. Employment in shop;
h. Steam boilers;
i. Any other matters prescribed;
64
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Supplementary sheet for certain charitable and reformatory
institutions (67);
List of outworkers and their places of employment (44) ;
School certificates (39).
Overtime register report.
Fruit preserving (740).
Wherever overtime is worked.
Other works (338).
Overtime records (12).
Required under regulations and special rules—
Anthrax cautionary placard (horsehair).
Health registers (in certain classes of works).
Register of chains (docks).
Schedule B (earthenware and china).
Thermometers notice (hemp and jute and flax).
Notice (felt hats; proofing and store rooms).
List (fruit preserving) persons employed under special excep
tion.
Notices, etc., to be sent.— With four exceptions, all the notices an
occupier of a factory or workshop may be required to send are to be
sent to the inspector for the district. The exceptions are—
Annual return from certain charitable and reformatory institu
tions to be sent to the secretary of state.
Return of persons employed (to be sent at the direction of the
secretary of state, at intervals of not less than one or more
than three years)—
Textile factories.
Nontextile factories.
Workshops.
Humidity notice (to be sent by occupier of cotton cloth or of other
humid textile factory to the chief inspector.)
Lists of outworkers and their places of employment in the occu
pations [in a specified list of trades] (to be sent on or before
February 1 and August 1 to the district council.)
The occupier of a factory or workshop is required to serve the
following notices on the inspector for the district. In certain special
cases the notice must be served also upon the certifying surgeon, the
chief inspector of explosives, and the board of trade.
Notice of occupation of a factory or workshop (to be sent within
a month after commencing occupation).
Notice of any accident causing death or serious bodily injury (to
be sent forthwith).
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
65
Notice of certain “ dangerous occurrences” (to be sent forthwith).
Notice of poisoning (lead, phosphorus, arsenic, mercury, or
anthrax).
Notice of readings of thermometer in cotton-cloth factories (to be
sent at the end of each month and a copy kept).
Report of overtime employment (to be sent not later than 8 p. m.
on the day of the employment).
Where it is intended in particular factories or workshops to take
advantage of certain special provisions of the acts, the occupier must,
as a condition of the right to take such advantage, serve notice on the
inspector showing the following matters:
Women’s workshop system.
Eight hours’ employment of women and young persons.
Alteration of system of employing children.
Change of hours or mealtimes.
Fixing or altering holidays.
Thermometer dispensing with daily readings—
Hemp and jute regulations.
Flax regulations.
Intention to act upon a special exception.
The following is a list of the subjects of special exceptions under
the acts. In all cases the occupier of a factory or workshop, before
availing himself of a special exception, must exhibit a notice of his
intention in the factory or workshop, and serve a similar notice on
the inspector for the district. In certain cases exceptions are in
force arising under certain sections which apply to the subjects under
the heading “ Period of employment.”
List of special exceptions:
Exemption from lime washing, etc.
Five-hour spell in certain textile factories.
Employment during meal hours.
Separation of sets for different meal hours.
Separation of sets for different holidays.
Substitution of another day for Saturday.
Substitution of Friday or Saturday for Sunday in Jewish
works.
Period o f employment.
9 a. m. to 9 p. m. in bookbinding works and laundries.
Extended periods for women on three fixed days per week in '
laundries.
Different periods on different days of the week in laundries.
On Saturdays in turkey-red dyeing.
In Jewish works.
In fish curing.
32447°—Bull. 142—14------5
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
List of special exceptions— Concluded.
In fruit preserving.
In creameries.
For male young persons over 14: In glass works; in certain
other works.
For male young persons over 16: In lace factories; in bake
houses; in newspaper printing; in certain other works.
Overtime.
Ordinary.
Laundries.
Perishable articles.
Incomplete process.
Turkey-red dyeing, open-air bleaching.
Water mills.
RELATIONS TO LOCAL AUTHORITIES.
The administrative responsibility placed by previous factory acts
upon local authorities has been considerably increased by the act of
1901. They are now responsible, as a special duty, in addition to any
duty they may ordinarily discharge under the public-health acts, for
the administration of the following provisions:
1. In factories and workshops, certain provisions of the factory
act of 1901 relating to means of escape from fire.
2. In workshops, including workshop laundries, the sanitary pro
visions of the public-health acts, and certain supplemental
sanitary provisions of the factory act of 1901.
3. In factories and workshops in London, and in England and
Wales and Ireland where section 22 of the public-health amend
ment act, 1890, is in force, the provisions of the public-health
acts relating to a sufficient and suitable supply of sanitary con
veniences.
4. In retail bakehouses the special sanitary provisions of the
factory act of 1901 relating to bakehouses; and
5. In places where homework is done, the principal provisions of the
factory act of 1901 directed to secure sanitary conditions.
With a view to checking the spread of infectious disease, local
authorities are given powers under the public-health acts with regard
to clothes sent to laundries.
Although the administration of certain provisions of the acts, and
the charge of certain workshops and work places under the acts is
partly entrusted to local authorities, the Home Secretary has, in all
these cases supervisory control. This control may be exercised in
two ways: First, the Home Secretary may, by order, direct an inspec
tor to act independently of the local authorities if he is satisfied that
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
67
there has been neglect on their part. The period during which the
inspector may act is to be specified by the Home Secretary in the order
of authorization. This power is intended to provide against general
default, and the Home Secretary is enabled to intervene in respect of
matters within either the factory acts or the public-health acts.
Secondly, the inspector may himself take action where he notices
default in a particular case, and the local authority fails to act, within
a month, on his representation. But with the exception of the pro
visions relating to means of escape from fire, this method of interven
tion is confined to matters which can be dealt with only under the
public-health acts. Under both methods the expenses of successful
proceedings may be recovered from the local authority; but under
the first the Home Secretary may recover the cost of unsuccessful
proceedings.
The local authority is referred to throughout the principal act as
the district council. This means, in London, for the administrative
county, the borough council; for the city, the court of common
council; but the administration of the provisions relating to the means
of escape from fire and the power to make by-laws on this subject is,
for the administrative county of London, placed in the hands of the
London County Council. In county boroughs the authority is the
county borough council; in Scotland, it is the authority under the
public-health (Scotland) act, 1897; and in Ireland it is the district
council under the local-government (Ireland) act, 1898.
The powers of district councils and their officers for the purpose of
their duties with respect to workshops and work places under the
factory acts and the public-health acts are the same as those of a factory
inspector. For purposes relating to the supply of sanitary conven
iences in those factories, their powers of entry are only those con
ferred by the public-health acts, and are therefore limited to inspec
tion where nuisance is suspected.
District councils are given powers to make by-laws providing for
means of escape from fire (in addition to any power they already
possess). The powders of the London County Council for the preven
tion of fire under section 164 of the London building act, 1894, which
are limited to buildings over 60 feet in height, are extended to all
factories and workshops of whatever height.
Where responsibility would otherwise lie upon the district council, it
is in the case of Crown factories and workshops transferred to the
inspector of factories.
Any duly authorized officer of the district council is entitled to
inspect the outworkers7lists kept by occupiers or contractors. Copies
of these lists must be sent to the district council twice a year (on or
before Feb. 1 and Aug. 1), and must be examined by them; and the
name and address of any outworker outside the district included in the
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
list must be furnished to the district council in whose district the
worker lives.
Every district council must keep a register of the workshops in the
district.
The medical officer of health must report annually to his council
upon the administration of the factory acts in workshops and work
places, and this report must be sent to the Home Secretary.
When an inspector receives notice of the occupation of a workshop
he is required to send it to the district council, and the medical officer
of health is required to inform an inspector when he becomes aware
of a workshop in which a child, young person, or woman is employed,
and in which there is no abstract of the acts.
Where there is a difference of opinion between the district council
and the owner of a factory or workshop in respect of the precautions
against fire the district council has by notice required to be taken,
either party may within a month require the matter to be referred to
arbitration. The arbitration is to be conducted according to the rules
in the first schedule, and it may either discharge, amend, or confirm
the notice. If the notice is confirmed or amended b y the award the
owner is required, under penalty, to comply with the requirements
of the notice.
PROVISIONS APPLYING TO CERTIFYING SURGEONS.
A certifying surgeon is appointed by the chief inspector, who may
revoke the appointment. Every appointment or revocation may be
annulled by the Home Secretary on appeal to him.
The person appointed must be a duly registered medical practi
tioner, and must not be directly or indirectly interested in a factory
or workshop in his district or in any business or process or patent
connected with such factory or workshop.
Where there is no certifying surgeon for a factory or workshop, the
poor-law medical officer for the district is to act for the time being.
The name and address of the certifying surgeon for the district is
to be affixed in every factory and workshop.
The main duties of a certifying surgeon are—
1. To examine children and young persons as to their fitness for
employment in a factory and in certain specified workshops; and
2. To investigate and report to the inspector upon accidents
occurring in a factory or workshop.
He is also required to make a similar investigation and report with
respect to every case of lead, phosphorus, arsenical, or mercurial
poisoning or anthrax occurring in a factory or workshop and reported
to him by the occupier; he must, when appointed to do so, examine
persons under special rules and regulations; and he must, when
directed by the Home Secretary, reexamine any child or young
person, and make any special inquiry.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
69
He must make an annual report to the Home Secretary, at the pre
scribed time, as to the persons he has inspected and the results of
such inspection, and he must comply with all rules made b y the
Home Secretary for his guidance.
Fresh duties fall to the certifying surgeon under the workmen’s
compensation act, 1907. The details of these duties and the fees to
be paid in respect of them by the employer and the workman will be
found in the order made under the act.
Certificates o f fitness
.
No certificates may be granted without a personal examination of
the person named in the certificate, and the examination must gen
erally be made in the factory or workshop where the child or young
person is employed or about to be employed. But if less than five
children or young persons are employed in the factory or workshop,
or if, for some special reason, written permission is obtained from the
inspector, the examination may be made elsewhere. The certifying
surgeon may grant a certificate in respect of employment in all or
any of the factories in the occupation of the same occupier wrhich are
within his district.
If the certifying surgeon is satisfied by the production of a cer
tificate of birth or other satisfactory evidence that the person exam
ined is of the age specified in the certificate and is not incapacitated
by disease or bodily infirmity for the proposed employment, he is to
grant the certificate.
The certifying surgeon may qualify a certificate by conditions as
to the work on which a child or young person is fit to be employed.
For the purpose of examining any process in which it is proposed
to employ the child or young person presented to him the certifying
surgeon has the same powers as an inspector.
If a certifying surgeon refuse to grant a certificate, he may be
required to state in writing the reasons for his refusal.
If the evidence as to age, upon which the certifying surgeon has
granted a certificate, is other than a certificate of birth, an inspector
may, by notice in writing, annul the surgeon’s certificate if he has
reasonable cause to believe the real age of the child or young person
to be less than that mentioned in the certificate of fitness.
He may be required to examine a child or young person objected
to by an inspector as physically unfit for employment in a factory
or workshop.
A declaration in writing by a certifying surgeon for the district
that he has personally examined a person employed in a factory or
workshop and believes him to be under the age set forth in the decla
ration, is admissible as evidence of the age of that person.
70
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Certifying surgeon’ s exam ination described in detail
.1
The following description of the points of observation in the exami
nation of children by one of the surgeons applies in general to the
others:
1. Locomotion; by observing the boy’s walk as he approaches.
2. Eyesight; by having him spell out words on a card held at a
normal distance of 1 foot to 18 inches, first with one eye
covered, then the other. He found the children were coached
to read the regular card so he now uses a printed list of tech
nical names of diseases, picking out different words and having
them read down the column.
3. Arm muscles, general condition; by having him extend his arms
at full length, palms down and turn over, to see if the muscles
are good; then have him touch his toes with the extended palms.
4. Teeth; to see if generally sound.
5. Neck; presses about the neck to see if there are any tuberculosis
glands.
6. Skin; looks for any rash or skin disease.
7. Examines hair and scalp to see if any “ nits” or scalp disease.
8. Looks into eyes to see if any squint or disease; and into ears to
see that they are free from running or excess wax.
9. Hearing is judged by^turning away from the child and asldng
him some questions in a low tone.
10. Lungs and hearty sounds of are listened to by use of a stetho
scope. If there is any indication of anything wrong he takes
the boy into a private room and if necessary strips him, and
makes a more thorough examination of the lungs. When
girls are examined in this way, a forelady may bo called in.
In factories which are visited regularly the weight is taken and
recorded for him by some one in the office. This certifying surgeon
considers that the weights form a basis for judging whether a child’s
growth has been normal if it appears again for examination (Sir
T. E. Flitcroft, M. D.; Bolton). Dr. T. W . Heywood, of Darwen, on
the contrary takes measurements of the height of all children whom
he examines for the same purpose.
Dr. A. Glenn Park, of Bolton, takes the temperature of the children
examined and gives particular attention to symptoms of incipient
phthisis. Out of 1,400 examinations dating from January to the
end of May, 1911, he had reason to reject 65 children or young persons
who showed signs of pulmonary tuberculosis. Whenever he finds
the slightest elevation of temperature, more particular notice is
taken of the lungs. Many cases with a rise of temperature of 1
degree show nothing else and seem to be due to the unfavorable
condition of the atmosphere under which work is carried on in the
spinning mills.
Dr. J. Brassie Brierley, of Manchester, has found such a large propor
tion of the children in his district with pediculi that he looks to their
hair the first thing, as a rule, not giving much attention to other details.
He has succeeded in getting the employers interested in the cleanli
ness of the workers to the extent that they will undertake the treat
1 This section as to practice of surgeons is taken, by permission of the National Child Labor Committee,
from a manuscript report by Herschel H . Jones, special agent of the National Child Labor Committee,
who investigated the subject of certifying surgeons in England during last summer.
71
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
ment of the children for 11nits77 in the factory or will see that they
do it properly at home. Because of this the rejections have been
less frequent and they are allowed to continue at work on condition
that they be presented again in a week or two.
Practically all of the certifying surgeons pay no attention to
weight, height, and chest measurement except in special cases.
Though most of them look at children’s teeth, they seldom reject
a child for bad teeth; they do, however, make treatment for defec
tive teeth in serious cases a condition in granting a certificate.
Dr. Edgar L. Collis, II. M. medical inspector of factories, has been
making special studies of factory children and adults in different
occupations, in which he has found the weight, chest measurement,
height and chest expansion, which he has compared with similar
measurements of favored classes.
C o n d itio n s im posed.— A study of the reports of the certifying
surgeons in the Annual Report of the Chief Factory Inspector for
1912 and 1911 will give more information as to the extent to which
different surgeons are making use of their powers imposing condi
tions with the granting of certificates than possible in this report.
(See Table X II, p. 52, Ann. Rpt. 1912.) It is their most impor
tant function and the one thing that puts their medical inspection
of factory children on a plane which will be difficult to attain in this
State [New York] with the limited provision so far made. A bov with
bad tonsils or adenoids is not permitted to work where there is dust or
fine particles of cotton in the air. A girl with long loose hair or a
short-sighted child, or one with St. Vitus’s dance is prohibited from
working at machinery. A child with heart disease is kept from
fatiguing work, or from carrying weights, and an occupation where it
can sit down specified. A child short of stature is kept from weaving.
Office work only is specified for another. One certifying surgeon
showed in his notebook that so far during the year he had required
11 children not to carry more than 10 pounds; one was limited to 14
pounds; another to 50 pounds; a child with rickets not more than
12 pounds, another 14 pounds. With cases of rash or skin disease a
certificate is refused for a long enough time to enable the child to
remove the defect, when it must appear for reexamination.
The following record of one of the most efficient certifying surgeons
in England (Dr. T. W. Hey wood) for the year ending December 31,
1912, shows the scope of the points considered better than the above
description:
Y E A R E N D IN G D E C E M B E R 31, 1912.
E xam ined.
R ejected.
Male.
Fem ale.
T otal.
Male.
Fem ale.
C hildren or young persons u n d e r 14 in ten d ed to be
em ployed half tim e ......................................................
B etw een 13 an d 14 in ten d ed for full tim e ..................
B etw een 14 an d 1 6 ...........................................................
411
463
327
424
382
297
835
845
624
33
11
14
47
21
13
80
32
27
T o tal.........................................................................
1 , 201
1,103
2,304
58
81
139
T otal.
72
BULLETIN OF THE BUREAU OF LABOE STATISTICS.
Rejections.
Defective sight..............................................................................................................
Mental defect.................................................................................................................
Disease of heart and lungs............................................................................................
Anaemia.........................................................................................................................
Disease of skin...............................................................................................................
Want of cleanliness.......................................................................................................
Under legal age..............................................................................................................
Nonproduction of certificate........................................................................................
25
4
10
15
17
47
5
16
Total.....................................................................................................................
139
Conditional certificates granted.
Defective vision.............................................................................................................
40
Hanging h air................................................................................................................. 120
Epilepsy.........................................................................................................................
5
Loose hair.......................................................................................................................
27
Deafness.........................................................................................................................
2
Hip disease.....................................................................................................................
4
Heart...............................................................................................................................
2
Imperfect growth...........................................................................................................
5
Chorea.............................................................................................................................
4
Anaemia..........................................................................................................................
8
Enlarged tonsils............................................................................................................. 17
Total....................................................................................................................
234
Accidents.
On receipt of a notice of accident from the occupier of a factory or
workshop, the certifying surgeon must proceed without delay to the
factory or workshop and make a full investigation into the circum
stances of the accident; and he must within 24 hours send his report
to the inspector for the district.
For the purpose of these investigations the certifying surgeon has the
same powers as an inspector, and he also has power to enter any room
in a building to which the person killed or injured has been removed.
The fees for certificates of fitness and for examination under special
rules or regulations for dangerous trades must be paid by the occupier.
Fees for the investigation of accidents, for reexamination, and for
special inquiry must be paid by the secretary of state.
The occupier may agree with the certifying surgeon as to the fee
to be paid for certificates of fitness, but in the absence of any agree
ment thefeeshall be according to a detailed and specific scale, provided
by the law, which certifying surgeons may charge for their services.
PROVISIONS RELATING TO LEGAL PROCEEDINGS, ETC.
All offenses under the factory acts are prosecuted and all fines recov
ered before a court of summary jurisdiction, in manner provided by
the summary jurisdiction acts. Summary orders are made by a simi
lar court in similar manner.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
73
The court must consist of two or more justices of the peace sitting
in petty sessions, or of the lord mayor or an alderman within the city
of London, or of a metropolitan or borough police magistrate or other
stipendary magistrate in a district in which such magistrate is author
ized to act. The occupier of the factory or workshop in which an
offense is charged to have been committed, and his father, son, and
brother are all disqualified from acting as members of the court trying
the offense. So also is anyone who is engaged in, or is an officer of any
association of persons engaged in, the same trade or occupation as the
person charged with the offense.
The foundation of all proceedings is an “ information,” which is a
written statement of the offense charged. The description of any
offense in the words of the acts, or of any order creating the offense,
is sufficient in law. No exception, exemption, or qualification accom
panying the description of the offense need be specified or negatived.
It is sufficient to describe the factory or workshop as a factory or work
shop “ within the meaning of the factory and workshop acts, 1901 and
1907.” The occupier may be described by the usual title of the firm,
or by the name of the ostensible occupier employing the persons
in the factory or workshop. The information must be laid within
three months after the date at which the offense came to the knowl
edge of the inspector for the district; or if an inquest is held in relation
to the offense, then within two months after the close of such inquest,
but no information may be laid after the expiration of six months
from the commission of the offense.
After the information is laid a summons is issued by the justices
stating shortly the matter of such information, and requiring the
person charged, or against whom relief is sought, to appear before the
justices at a certain time and place. It may be served by mail.
No objection is allowed to the information or summons for any
defect of substance or form, but if the person charged is misled by
such defect the case may be adjourned to some future day; nor may
any conviction or order be quashed for want of form.
Unless otherwise provided in any particular case fines recovered
are paid into the exchequer.
If any person feels aggrieved by any conviction or order made by a
court of summary jurisdiction, he may appeal therefrom to the next
practicable court of general or quarter sessions having jurisdiction
in the county, borough, or place for which the court of summary
jurisdiction acted, which is held not less than 15 days after the day
of the decision complained of. The appellant must, within 7 days
of such decision, serve a notice of his intention to appeal and of the
general gounds of such appeal, on the other party and on the clerk
of the court of summary jurisdiction. Eiach of these notices must
be in writing signed by the appellant, or his agent, and may be sent
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BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
b y mail by registered letter, in which, case it is deemed to be served
at the time when it would be delivered in the ordinary course of the
mail. Within three days of the day on which these notices are
served, the appellant must enter into recognizance (with or without
securities as the court may direct, or give such other security as the
court may require), to proceed in due course with the trial of the
appeal, and to pay any costs which may be awarded against him.
The court which tries the appeal may either confirm, reverse, or
modify the decision of the court of summary jurisdiction, or may
remit the matter to that court with the opinion of the court of appeal
thereon. The court of appeal may also exercise any power which the
court of summary jurisdiction might have exercised and make any
order in the matter which appears just. Either party may be ordered
to pay such costs as the court of appeals shall think fit.
If a party to any proceedings is dissatisfied with the decision of a
court of summary jurisdiction on the ground that it is erroneous in
point of law or is in excess of jurisdiction, he may apply to the
justices to state a special case for the opinion of the high court. If
the justices refuse to do this, the high court has power to order a case
to be stated. This “ case” is a document which sets out the facts
of the case as found by the justices (with which finding the high
court will not interfere) and the grounds on which the decision is
questioned.
The application to state a case must be made and the case stated
within seven days of the giving of the decision objected to. Except
for the purpose of a special case, no conviction or order of a court
of summary jurisdiction, against which there is a right of appeal,
may be removed by certiorari into a superior court.
A person charged with any offense under the factory acts is
allowed, if he thinks fit, to give evidence on his own behalf.
Any person found in a factory or workshop (except a domestic
factory or workshop) is presumed, until the contrary be proved, to
be a person employed in that factory or workshop, unless such person
is so found at meal times, or (in a factory) while all the machinery
is stopped, or while bringing food to a person employed between
4 and 5 o’clock in the afternoon. Yards, playgrounds, or other
places open to public view are not, however, to be considered as
parts of a factory or workshop within this rule; nor are schoolrooms,
waiting rooms, or other rooms in which no machinery is used or
manufacturing process carried on.
Whenever the court is of opinion that any child or young person
is of the age alleged b y the informant, the burden is on the defendant
to prove that such child or young person is not of that age. A
written declaration by a certifying surgeon, that any person whom
he has examined is in his opinion under the age stated in the declara
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
75
tion, is admissible as evidence of that person’s age. A previous
conviction for any offense under the acts is proved by the production
of a copy of the conviction certified under the hand of the clerk of
the peace to be a true copy. Every clerk of the peace who has the
custody of any such conviction is bound to deliver such copy to an
inspector, on request in writing being made, and a fee of 1 shilling
(24.3 cents) paid.
Judicial notice is to be taken of regulations for dangerous trades in
force under the act of 1901.
Where the occupier of a factory or workshop is charged with an
offense, and he alleges that some other person than himself is really
in fault, he may lay an information against that other person, and
cause him to be brought before the court when the charge is being
heard. Then when the offense is proved, the occupier is at liberty
to prove, if he can, that he used all due diligence in the matter in
question, and that the person charged by him committed the offense
without his knowledge, consent, or connivance. If this is proved to
the satisfaction of the court, the person charged by the occupier
may be convicted, and the occupier exempted from any fine. The
other person, when convicted, may also be ordered in the discretion of
the court to pay any costs of the proceedings. Another person may,
in the first instance, be charged by the inspector with the actual
commission of an offense for which the occupier is liable.
In Scotland legal proceedings are different in some respects.
The penalties in legal proceedings are as follows: In case of offenses
against the acts the person generally liable is the occupier of the
factory or workshop where the offense is committed. But in tene
ment factories the owner is, for the purpose of certain provisions, sub
stituted for the occupier, and in case of breach of these provisions he
is liable to the penalty. And in all cases where the offense for which
the occupier is liable has in fact been committed by some other
person, that other person is liable to the same penalty as if he were
the occupier. WTiere the occupier is charged with an offense, he
may have any other person whom he charges as the actual offender
brought before the court, and if he establishes the other person’s
guilt and his own absolute freedom from fault, the other person is
liable to the penalty and the occupier is exempt. The owner or
hirer of a machine is liable in certain cases instead of the occupier
of the factory.
In case of repetition of an offense, a person is not liable to a larger
amount of fines than the maximum fixed by the acts, except in two
cases— (1) where the repetition occurs after an information has been
laid for the offense; and (2) where the offense consists of employment
of two or more persons contrary to the provisions of the acts.
76
BU LLETIN OF THE BUEEAU OF LABOR STATISTICS.
Where any person is killed, or suffers bodily injury, or injury to
health, in consequence of the occupier having neglected to observe
any provision of the acts, the occupier is liable to a fine not exceeding
£100 ($486.65), the whole or any part of which may be applied for
the benefit of the injured person or his family, or otherwise, as the
Home Secretary determines. But in the case of injury to health,
unless it can be proved that the injury was caused directly by the
neglect, the occupier is not liable.
A large number of offenses against the acts are grouped together
under the general description of “ not keeping a factory or workshop
in conformity with the act of 1901.77 A second large group is
described by the title of “ employment contrary to the provisions of
the act of 1901.77
FORM OF ORGANIZATION.
The duty of factory inspection devolves upon a separate factory
inspection department. This department is under the jurisdiction
of the Home Secretary.
The Home Secretary has, it has been seen, wide legislative powers,
and is also charged with the administration of the factory and work
shop acts. He is responsible for the organization of the factory
department and for its personnel whom he nominates, appoints, and
controls. He is also responsible for the methods of inspection and
for the work accomplished by this department. There is usually
in the Home Office a permanent undersecretary, who is charged with
the supervision of the factory inspection department, and who is
therefore the intermediary supervisory officer between the factory
department and the Home Secretary.
The form or organization of the factory inspection department in
England is centralized in that the whole organization is centered in a
special department having jurisdiction over all factory inspection
throughout the United Kingdom, and presided over by a chief
factory inspector. This centralization insures uniform procedure,
method, and supervision. It also centers the responsibility for the
work upon one department and its chief.
CLASSIFICATION.
The whole factory inspection department may be divided for pur
poses of classification into three principal groups: (1) The supervising
force; (2) district inspectors7 force; (3) special inspectorial force.
SUPERVISING FORCE.
The supervising force consists of the following staff— Chief inspec
tor, two deputy chief inspectors, and six division superintending
inspectors.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
77
The chief inspector is the central power who has jurisdiction ever
the whole department, and who is responsible for the work of the
whole department to the Home Secretary. The two deputy chief
inspectors serve as aids to the chief inspector in his dealings with
the division superintendents, with the district inspectors, and with
the special force of inspectors. The division superintending inspec
tors are the chiefs of their respective divisions. The United King
dom is divided into six divisions, each division subdivided into a
number of districts, and each division supervised by a superintending
inspector. The superintending inspector is responsible for the con
dition of his division to the chief inspector, and all district inspectors
in his division are in their turn responsible for their districts to him.
Each of the larger divisions which are supervised by superin
tending inspectors is again subdivided into a number of districts, of
which there are in all 51.
Each superintending officer has a divisional inspector attached to
his office as a sort of deputy superintending inspector. Each of the
districts is presided over by a district inspector who has under him
from one to three or more inspectors and one or more inspectors7
assistants.
There are a number of inspectors who have no districts but are
assigned to special functions. These functional inspectors, if so we
may call them, may be subdivided into three groups: (1) Lady
inspectors, (2) special inspectors, (3) inspectors of textile particulars.
W O M EN ’S DEPARTMENT.
As has been mentioned in a previous section, the women inspec
tors are organized in a special division of the department. A t the
close of 1912 there were 18 women inspectors. Their number has
since been raised to 20 (Apr. 1, 1913). The organization of the
women’s division at the end of 1912 consisted of a principal lady
inspector, 6 senior lady inspectors, and 11 other lady inspectors.
The whole women’s division, or department as it is called, is under
the jurisdiction of the chief factory inspector. The force is divided
into two groups: (1) Consisting of about six inspectors who are
assigned to the Home Office in London, one of these inspectors having
charge of a special district, that of West London. In this district
she has charge of the following works: (a) Laundry factories and
workshops, (6) florists’ factories and workshops, (c) artificial flower
factories and workshops, (d) art needlework and embroidery factories
and workshops, (e) factories and workshops in which is carried on
the making up of articles of wearing apparel, except those in which
the only processes are: (a') Boot and shoe making, (b;) hat and cap
making, (c') the manufacture of furs, (d') men’s tailoring or men’s
78
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
and ladies’ tailoring; (2) other Home Office inspectors assigned to
special duties.
Of the six senior lady inspectors who are also under the jurisdiction
of the principal lady inspector each has a separate district with a
separate office within her district. These divisions are: (1) South
eastern division, Home Office in London; (2) midland division, office
in Birmingham; (3) northeastern division, office at Leeds; (4) north
western division, office at Manchester; (5) Scotland, office at Glasgow;
(6) Ireland, office at Belfast.
Each of the senior inspectors has, as a rule, an inspector to assist
her in her district. The women inspectors are assigned to work only
in special factories and workshops where there is a larger number of
women and children at work, or where these protected persons are the
exclusive workers. They have all the rights of the men inspectors,
except that of prosecution, for which they have to get the sanction
of the superintending inspector of the district. Besides their regular
inspectorial work they also make special inquiries and investigations.
MEDICAL AND OTHER SPECIAL INSPECTORS.
Of the special inspectors who have no districts, but who have
special inspectorial functions assigned to them, the most important
ones are two medical inspectors, one electrical inspector, one
inspector for dangerous trades, and six other inspectors who have
various duties. For instance, one is a private secretary of the chief
inspector; another is at present assigned to investigation of lighting
and illumination.
One inspector is assigned to the investigation, the working out, and
recommending of special rules and regulations for dangerous trades.
He is also consulted by other inspectors on questions which come
under his jurisdiction.
The electrical inspector has charge of the investigation of accidents
at electrical generating stations and special stations, and other work
connected with his specialty, and in the special class of factories
under his jurisdiction.
There are at present two medical factory inspectors. 0»ne of them
is designated as chief medical inspector. The new budget of April 1,
1913, makes provision for one, and eventually for two more medical
inspectors. Medical inspectors are under the immediate supervision
of the chief factory inspector and are attached to the Home Office at
London. (It is proposed that one of the new medical inspectors be
given a district which shall include Manchester.)
The duties of the medical inspectors are: (1) To advise the chief
inspector and the Government in all branches of the service requiring
special medical education, (2) to act as expert for the department in
medical matters, (3) to supervise the work of the certifying surgeons,
FACTORY INSPECTION I X
79
EUROPE---- GREAT BRITAIN.
(4) to make investigations and reports on cases of industrial poisoning,
(5) to visit special places where industrial diseases are predominant, (6)
to make inspections and investigations within the factories as to all
matters concerning the health of workers, (7) to make special investi
gations and to recommend rules, regulations, etc., for new trades and
establishments, and (8) to act as a consulting and participant member
in various commissions appointed by Parliament in health and other
investigations. The medical inspector reports to the chief inspector
weekly. The medical inspectors are not permitted to practice medi
cine. There is no laboratory or museum attached to the department.
INSPECTORS OF TEXTILE PARTICULARS.
The next group of special inspectors consists of the inspectors of
textile particulars. Of these inspectors there are five— one inspector
and four assistant inspectors. These inspectors have to enforce the
Textile Particulars Act, and a detailed account of their work is given
on page 91.
NUMBER AND GRADE OF FACTORY INSPECTORS.
The ordinary factory inspectors are divided into two classes—
factory inspectors and assistant inspectors.
Factory inspectors are divided into three grades— grade 1A, in
which there are 23 inspectors; grade IB, in which there are 47 in
spectors; grade 2, in which there are 54 inspectors— a total of 124
inspectors on April 1, 1913. Assistant inspectors are divided into
two grades— seniors, of whom there are 26, and juniors, of whom there
are 29.
The complete staff of factory inspectors, therefore, consists of 224
as follows:
Chief inspector.........................................................................................
Deputy cliief inspectors.........................................................................
Medical inspectors...................................................................................
Dangerous trade inspector......................................................................
Electrical inspector.................................................................................
Otlier inspectors attached to central office...........................................
Superintending inspectors............................................ .........................
Inspectors in grade 1A............................................................................
Inspectors in grade I B ............................ ..............................................
Inspectors in grade 2...............................................................................
Senior assistant inspectors......................................................................
Junior assistant inspec tors......................................................................
Inspectors of textile particulars:
Grade 1A..................................................................................... .
Assistant inspectors.............................................. ...........................
Lady inspectors......................................................................................
1
2
3
1
1
6
6
23
47
54
26
29
1
4
20
Total..................................................................................................... 224
80
BU LLETIN OF THE BUREAU OF LABOR STATISTICS.
BUDGET, COMPENSATION, PRIVILEGES, ETC.
The total budget for the administration of the factory acts, includ
ing central office clerks and pensions, was as follow s:1
1902........................................................................... £65, 788 ($320,157. 30)
1907........................................................................... £80, 700 ($392, 726. 55)
1912................................................................ ..........£98, 926 ($481,423. 38)
Owing to the increase of the staff for 1913, the budget for this year
will exceed £100,000 ($486,650).
Nowhere on the continent do factory inspectors receive as high
salaries as they are paid in England. In respect to the salaries paid,
England is the most liberal of all countries.
The salary of the chief inspector is, according to the original
schedule, £1,200 ($5,839.80) per annum, but this has been increased by
special arrangement in the case of Sir Arthur Whitelegge., the present
chief inspector, to £1,500 ($7,299.75) per annum. The two deputy
factory inspectors receive £750 to £900 ($3,649.88 to $4,379.85).
The following table shows the minimum and maximum salaries of
various grades of inspectors with a yearly increase:
S A L A R IE S A N D Y E A R L Y IN C R E A S E O F IN S P E C T O R S .
M inimum. M axim um .
Medical inspectors...................
S uperintending inspectors. . .
Principal lady in sp ecto r........
Inspectors in grade 1A............
Inspectors in grade I B ............
Senior lad y inspectors............
L ad y inspectors.......................
Inspectors in grade 2 ...............
A ssistant inspectors (seniors)
A ssistant inspectors (juniors)
$ 2,423.25
2,919.90
1,946. 60
1,459.95
1,459.95
1,459.95
973.30
973.30
729.98
486.65
S3,893.20
3,649.88
2,433.25
2,676.58
2,019.60
1,946.60
1,459.95
1,459. 95
1,216.63
973.30
Y early
increase.
$121.66
121.66
97.33
73.00
73.00
48.67
48.67
24.33
24.33
Inspectors are allowed certain amounts for traveling expenses, the
amounts differing according to the class and grade of inspectors. All
inspectors, except assistant inspectors, are entitled to charge firstclass railway fare while on duty. They may also hire cabs and charge
for these if the distances to be traveled are longer than 1 mile.
Wherever inspectors are absent from home on duty they receive
at the rate of £1 ($4.87) per night for the chief superintendent
and senior inspector, and 15 shillings ($3.65) a night for all other
inspectors. Assistant inspectors are entitled to charge only third-class
railway fare and are allowed 10 shillings ($2.43) per night when
absent from home on duty. All inspectors are allowed one-third
of the night allowance for every day requiring more than 10 hours
absence from home.
i A nnual R eport of th e Chief Inspector of Factories and W orkshops, 1912, p. 265.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
81
Inspectors are entitled to 48 full days vacation in the year, outside
of the regular holiday vacations. They may be absent two days
on account of sickness without presenting a certificate from a physi
cian. For all sickness longer than two days, a medical certificate
must be .presented. In case an inspector is sick for six months during
two years, he is allowed full pay; in case he is sick longer than 12
months during 4 years, his case is presented for investigation to the
Home Secretary.
Inspectors are not allowed to engage in any other occupation.
Lectures and articles written by inspectors must be submitted to the
chief inspector for approval.
After the inspectors reach the age of 60, they may retire upon their
request and the consent of the Home Secretary. At the age of 65
their retirement is compulsory. The inspectors may also be retired
for disability before the age prescribed. Pension may then be given,
not as a matter of right, but by the consent of the Home Secre
tary. Pension is hardly ever given before the expiration of 10 years
of service. The amount of pension given upon retirement is oneeightieth of the average salary of the last three years for each year
of service. To this annuity is added a lump sum amounting to the
salary of one year. - For example, if an inspector has been in the serv
ice of his department for 20 years and has been paid at the rate of
£800 ($3,893.20) per year during the last three years of service, he
receives upon his retirement twenty-eightieths, or one-fourth, of
£800 ($3,893.20) or an annuity of £200 ($973.30) during his life, with
an addition of £800 ($3,893.20) given to him upon the day of his
retire m en t.
PERSONNEL, QUALIFICATIONS, ETC.
In the brief review of the historical development of the adminis
tration of English labor laws, abundant allusion has been made to
the high character of the factory inspectors charged with the admin
istration of the factory and workshop acts. The position of factory
inspector was always considered of very great importance and only
men of high caliber, prominent social position, strong moral force,
and of great executive ability were appointed from the beginning
to act as inspectors. Having selected for first inspectors men of the
caliber o f Horner, Saunders, Howell, Baker, and Kedgrave, the Gov
ernment could not very well lower the standard in the subsequent
appointments either of the inspectors or of the subinspectors. The
high salaries paid to the first inspectors were certainly commensurate
with their high standing; but even with the low salaries paid b y the
Government during the first several decades to the subinspectors,
the Government was fortunate in obtaining the services of a very
high class of persons, especially after the rule was made that retired
32447°—Bull. 142—14------6
82
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
officers in other departments might draw their pension and be ap
pointed as subinspectors with full salary. Among the subinspectors
were a number of physicians and surgeons (Inspector Robert Baker
was one of them) and there were also a large number of retired army
and navy men. A number of the inspectors came from the ranks
of political and social workers, were previously members of various
parliamentary commissions, and achieved a certain position and ex
perience in previous executive and important occupations.
Owing to the fact that for many years after 1833 the main work
of the inspectors was the protection of children, young persons, and
women, and owing to the fact that it is within a comparatively late
date that the factory and workshop acts have been extended to vari
ous dangerous trades, and that the work of inspectors has been greatly
taken up with the prevention of accidents and special hazards to life
and limb of workers, the personnel of the inspectors was selected
more from a social and intellectual class than from a technically
educated class, and we find, therefore, among the factory inspectors
in England many men who had no special technical training.
PREVIOUS OCCUPATION.
In 1907 the Government issued a special bulletin giving the pre
vious occupations of the factory inspectors. This material, as sum
marized by the British Association for Labor Legislation, is as follows:1
PREVIOUS OCCUPATION OF FACTO RY INSPECTORS, 1907.
Previous occupation.
Inspec
tors.
Assist
ants.
4
6
4
S an itary departm ents of local a u th o rities..............................................................
Secretaries or clerks in G overnm ent offices for royal com m ission.................
U n iv ersity degree.............. ................................................... ....................................
Teachers a n d lecturers in:
Science, hygiene, engineering............................................................................
Subjects not s ta te d ...............................................................................................
10
4
2
1
43
18
Arm y...........................................................................................................................
L a w ....
.............................................................................................................
E n g in eers.......................................................................................................................
M anufacturers, m anagers, e tc ...................................................................................
W orkmen; trade-union secretaries, etc.:
In d u stria l occupations.........................................................................................
Clerks, etc., in in d u stria l an d com m ercial estab lish m en ts.......................
Secretaries, e t c .............................................................................................................
A nalysts, chem ists, bacteriologists, etc................................................................
B uilding surveyors......................................................................................................
Officers of charitable in s titu tio n s ............................................................................
N o re tu rn ........................................................................................................................
T o ta l.....................................................................................................................
8
2
6
111
W omen
inspec
tors.
5
3
1
. 4
2
13
11
1
40
1
1
i
1
13
RESUME OF QUALIFICATIONS OF PERSONNEL.
The following extracts from the speech made by the Home Sec
retary, Mr. McKenna, on July 23, 1913, during the parlimentary
debate upon the budget, give some indication as to the qualifications
1 Report on the Administration of Labor Laws in the United Kingdom, a pamphlet of 47 pages pub
lished by the British Association for Labor Legislation, compiled by Sophy Sanger, honorary secretary,
1908, p. 39.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
83
of some of the recent appointees in the factory inspection depart
ment. lie replied to a charge made by the parliamentary representa
tives of the laboring class that the factory inspectors belonged to a
special social grade and to superior social classes. His remarks were
as follows: 1
Of the factory inspectors of the higher class we have to-day very
nearly half of the whole coming from the public elementary
schools of the country. They are men who have risen b y sheer force
of merit. I may say that in more recent years more than half were
at one time boys in elementary schools. I would like to give the
committee some exact details in recent years as to who those men
are who are supposed to have a social “ smack.” They are, in fact,
men who have been selected because of the ability they have shown,
not because of the class from which they^ have sprung, and because
of the experience they have had in factories and workshops.
I
will take the last five examinations. Nearly half of the whole of
the candidates who received nominations for examination came
from public elementary schools or county schools. In 1908, out of
17 candidates who competed, all had long factory or engineering
experience, except three. One of the three had no experience,
but had exceptional educational qualifications, having passed from
an elementary school to the county school, and from thence by
scholarship to the University of Wales, where he obtained several
scholarships and exhibitions. The second had long experience in
teaching, having passed from a national school by means of scholar
ship to Leeds University. He also graduated at London University.
The third had experience in teaching physics, having passed from an
elementary school by means of a scholarship to the University of
Wales, in which he was a graduate. He was a graduate also of
London University, and obtained a diploma in electrical engineering
in University College, Cardiff. Those were the only three who had
not had practical personal experience. The remaining 14 had long
factory and engineering experience before they were admitted. * * *
In i909, of the 28 candidates nominated 3 had no practical expe
rience in factories, the first of those 3 had an exceptional educa
tional career at Aberdeen University, obtaining the degree o f M. A.
with honors in mathematics and natural philosophy, and the degree
of B. Sc. in chemistry, mathematics, ana natural philospohy. The
second, after experience in business, was engaged in teaching chem
istry and physics. He held the degree of B. Sc. of Glasgow Univer
sity, and obtained certificates from Glasgow University^ in techno
logical subjects. The third had a distinguished educational career
at Oxford and experience in administration as organizing secretary
of the Christian Social Union. Those are 3 out of the 28, and the
other 25 had a long experience in factories and workshops. In 1910,
of the 19 candidates nominated, all had long and practical experi
ence except 2. In 1912, of the 33 candidates nominated, all had
good practical experience except 4, and in the present year 31 candi
dates have just been nominated to compete for about 5 vacancies.
The examination has not yet been held. Of these all have had good
practical experience except 2. Of the 2, one has been engaged in
1 P arliam en tary D ebates (Official R ep o rt), F ifth Series—Vol. L V , House of Commons, 23 Ju ly , 1913,
p p . 2036-2088.
84
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
teaching under various school boards in Scotland, but his educa
tional experience has been exceptional. He held the degree of
M. A. from Aberdeen University with first-class honors in mathemat
ics and natural philosophy; he has gained prizes in political economy,
and has also received a Carnegie scholarship in economics. * * *
The second of the two has been engaged m research at the Eoyal
College of Science. He was educated at a secondary school and passed
by means of scholarship to the London University, where he obtained
a degree of B. Sc., with first-class honors in physics. He also holds
a number of certificates in various technological subjects.
QUALIFICATIONS OF W O M EN INSPECTORS AND ASSISTANT INSPECTORS.
The qualifications of the women inspectors are as high as, and in
former times were perhaps higher than, those of the male inspectors.
Some of these lady inspectors have a university degree, while others
come from the ranks of social workers, former sanitary and health
inspectors for local authorities, etc.
The assistant inspectors are appointed from a class of workers who
have had previous experience in factories and workshops, and who
are not supposed to have such a high educational standard as the
other inspectors. There is no regular promotion from the class of
assistant inspectors to the various grades of regular inspectors. Sev
eral assistant inspectors have within the last few years been ap
pointed as inspectors, but this was done after they had been regularly
nominated and passed their examinations for the inspectorships.
Closely working with the factory department and greatly aiding
this work of the administration of the Factory and Workshop Acts,
are the large number of certifying surgeons of whom there are at
present 2,279. These certifying surgeons are appointed by the chief
factory inspector and are supervised by him and by the medical fac
tory inspectors. They are physicians and surgeons, graduates of
regular medical institutions, and do not receive a salary, but fees
for each specific performance.
SELECTION, CIVIL SERVICE EXAMINATIONS, ETC.
Previous to 1850 inspectors and subinspectors were appointed by
the Home Secretary without examination. In the report of the
inspectors in 1850 the first mention is made of the examination of
all subinspectors, of an age limit of candidates between 25 and 40,
and of giving examinations to candidates in handwriting, arithmetic,
history, geography, political economy, English composition, and in
reports. Since that time civil service examinations have been held
from time to time, and while appointments have been made outside
of the civil service, the bulk of appointments were made from the
list of those successfully passing civil service examinations.
A t present candidates for the factory inspectorships must pass
several stages— first, nomination; second, first examination; third,
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
85
probationary service of two years; fourth, second examination after
the probationary period.
Candidates for nomination for factory inspectors have to make a
formal application and present it with any testimonials which they
wish to submit to the private secretary of the Home Office in London.
In this application they have to state their names, addresses, date
and year of birth, particulars of their education and scholarship, and
full particulars as to their past and present employment. These
applicants are then personally interviewed by the chief inspectors or
by the superintending inspectors, and sometimes by the district
inspectors; and whenever a vacancy occurs selection is made from the
list of applicants and a list is made of the nominations for the candi
dates for examination.
The nominations are never made except when an examination to
fill a vacancy is about to be held. Only a very limited number of
applicants, u those who appear after careful consideration and in
quiry, to be the best qualified in every way for the position, can be
given the opportunity to compete.” Nominated candidates receive
not more than one month’s notice of the examination. The prescribed
age for candidates at the time of examination is between 21 and 30
years, but an extension up to 38 is allowed in the case of a candidate
who (a) for the last seven years has been occupied in a factory or
workshop or in engineering work as master, manager, foreman,
workman, or apprentice, and has thereby acquired practical acquaint
ance with industrial relations and conditions; or (b) has served as a
factory inspector’s assistant, with a certificate of the civil service
commission from a time when he was under 30. The candidate
must pay a fee of £3 ($14.60) for the examination.
The following is a syllabus of the obligatory as well as optional
subjects for the civil service examination:
SUBJECTS FOR EXA M IN A T IO N .
A.—Obligatory subjects.
1. E nglish c omposition.
2. Arithmetic.
13.— Optional subjects.
3. English literature.
4. English history.
5. General modem history.
6. French or German or Italian.
7. Mathematics.
8. Economics (including knowledge of the history of industry in modern times).
9. Chemistry.
10. Physics including mechanics.
11. Practical mechanism and industrial machinery.
N o t e . —Four only of the optional subjects may be offered. Any candidate who
does not satisfy the civil service commissioners in three of them will be thereby
disqualified.
86
BULLETIN OF THE BUREAU OF LABOR STATISTICS,
SYLLABUS.
A .—Obligatory subjects.
1. English, composition: Candidates will be tested by precise writing as well as by
an essay.
2. Arithmetic: First four rules, simple and compound, including English and met
rical weights and measures, reduction, vulgar fractions and decimals (excluding re
curring decimals), and the preparation of percentage and other tabular summaries.
B .—Optional subjects.
3. English literature: From Shakespeare to the death of Wordsworth.
4. English history: 1066 to 1880.
5. General modern history: 1519 to 1871.
N o t e . — In the papers set upon each of these three subjects a liberal choice of ques
tions will be allowed.
6. French, German, or Italian: Translation, composition, conversation.
7. Mathematics: Algebra—Evaluation of formulae for numerical values, graphs,
slope of a graph and rate of increase of function represented, solution of equations by
calculation and by graphs, indices, and logarithms. Geometry—The fixing of the posi
tion of a point (in a plane or in space) by coordinates, the conditions to fix figures in
shape, size, and position (only rectilinear figures in shape). Properties of rectangu
lar solid, rectangle, parallelogram, triangle, sphere, circle, and other simple figures.
Area of an irregular figure by squared paper or by approximate division into quadri
laterals or triangles, volume of an irregular solid by first finding areas of a number of
parallel sections. Similar figures, proportion to be treated algebraically, and all
quantities to be considered mensurable. Loci, curves determined by various con
ditions, e.g ., motion of a point of linkwork, or conditions given by equations between
coordinates. Projection of straight line, plane figures, cylind.er, cone, prism; inter
penetration of these figures; sections; projection of simple helix and square-threaded
screw. Trigonometry—The solution of triangles, and allied problems.
8. Economics, including knowledge of the history of industry in modern times:
The economics of industry as treated in the ordinary textbooks. The history of the
chief forms of modern industry, and the outlines of legislation affecting the working
classes in the last two centuries, with especial reference to the United Kingdom.
9. Chemistry (inorganic): In this subject there will be a written paper and an oral
and practical examination. The latter will include, among other things, such quali
tative and quantitative analysis as has a bearing upon the administration of the Fac
tory Act (e. g., the detection and estimation of lead, arsenic, mercury, and other
poisonous metals used in manufactures, and the detection and estimation of carbonic
acid, carbonic oxide, nitrous fumes, and other gas, vapors, and impurities in air, etc.).
10. Physics (including mechanics): The fundamental principles of mechanics;
heat; light; electricity and magnetism; treated from the experimental standpoint.
In this subject there will be (1) a written paper and (2) a practical examination.
11. Practical mechanism (including mechanical drawing): In this subject there
will be a written examination including (a) an elementary, ( b) an advanced, paper.
Candidates who take this subject must pass in the former, although more weight in
the competition will be attached to the latter. There will also be an oral and prac
tical examination. The latter will include, among other things, questions upon the
construction of machinery.
The knowledge of languages, especially French and German, is very advantageous
for the candidates and is practically required for the examination. The examina
tion usually takes place in London where the candidates are required to appear.
The examination lasts about five days, an examination lately being held on Tuesday,
Wednesday, Thursday, Friday, and Saturday of the week, each day from 10 a. m. to
about 5 p. m., with an interval for lunch. The papers! are rated according to a cer
tain system.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
87
The examination is not only written but also oral. Oral tests are given in French,
advanced mechanics, chemistry, and physics. The rating is not only on the answers
to questions, but also on the general appearance of the candidate. Such tests may
last about an hour.
The examination for women inspectors does not differ very much from the exami
nation for men inspectors except that there is some change in the prescribed age for
candidates, which is between twenty-five and forty, and also in the optional sub
jects, which differ somewhat from those in the examination for men inspectors. Phys
iology and bacteriology, including a laboratory test, are included among the optional
subjects, and mechanics and chemistry may be omitted.
The notice to the women candidates for inspector also states that
a physical examination is required, that a fee of £2 ($9.7330) is
paid for the examination, and that a deficient sense of smell must be
held to disqualify a candidate for this appointment. The blank
also states that women inspectors must resign on marriage, unless
for any special reason the Home Secretary desires to retain their
services. They may be called on to retire at 60 years of age and
must retire in any case at 65.
The examination of assistant inspectors differs from the other
examinations.
The following are the subjects for examination, in all of which
candidates must qualify:
1. Spelling; handwriting as tested by dictation.
2. English composition (ability to write a simple and intelligible
report to a superior officer).
3. Arithmetic (first four rules, simple and compound).
4. An elementary knowledge of the principal provisions of the law
relating to workshops.
Candidates are warned against seeking political or social influence,
which is said not only to be against their interest but to prejudice
rather than to assist them.
The prescribed age for candidates is between 21 and 40. The fee
for the examination is 10s. ($2.43). A deficient sense of smell
disqualifies candidates for appointment. While it is possible for
an assistant to become an inspector, there is no ready promotion
among the two classes of inspectors; a new nomination by the
Home Secretary and a very difficult examination are necessary.
During the last year three assistant inspectors were nominated
and successfully passed as inspectors.
These assistants are taken from the class of persons who have had
practical experience as factory workers and their personal appear
ance as well as their past work is of very much importance in secur
ing their nomination as well as their appointment.
APPOINTMENTS.
The successful candidates are first appointed and assigned to
some district as general inspectors in the second class and their
appointment is subject to two years’ probation. At or before the
88
BU LLETIN OF THE BUREAU OF LABOR STATISTICS.
end of this time, the inspector is required to pass a further exam
ination, which is qualifying only, not competitive, in factory law and
sanitary conditions. This examination is held by a committee ap
pointed by the chief inspector and is wholly devoted to subjects of
practical work and application of the factory and workshop acts as
well as to the knowledge of the candidate of industrial hygiene and
factory sanitation. The inspector who fails to pass this second ex
amination is not continued in the service unless the Home Secretary
for special reasons allows him another trial.
After the probationary period the inspector’s tenure of office is secure
and it is very seldom that an inspector is discharged unless for a
very serious cause. There are no fines or petty charges put against
the inspector and the relations between the superiors and the in
spectors are very cordial and friendly. The increase of salary is, as
has already been indicated, annual, and his promotion steady,
although both depend much on his good conduct and efficient serv
ice. Both the annual increase and promotion depend upon the full
recommendation of the superiors and are omitted, if this recom
mendation is withheld.
WORK OF THE FACTORY DEPARTMENT.
The area covered by the United Kingdom is 120,651 square miles.
In this area in 1901 there were living 41,458,721 persons; at present
the population exceeds 45,000,000.
The latest statistics as to persons employed in factories and work
shops for the year 1907, are presented in Table III, page 289, of the
Annual Report of the Chief Inspector of Factories and Workshops,
1911. According to this table there were then the following number
of persons working under the factory act:
E M P L O Y E E S C O V E R E D B Y T H E F A C T O R Y ACTS, U N IT E D K IN G D O M , 1907.
Males.
Females.
Total.
E n g lan d an d W ales..........................................................................................
Scotland...............................................................................................................
Ire la n d ..................................................................................................................
2,726,214
423,392
125,262
1,500,836
236,664
114,741
4,227,050
660,056
240,003
T otal, U n ited K in g d o m .......................................................................
3,274,868
1,852,241
5,127,109
The following table shows the number of factories and workshops
in each of the divisions:1
F A C T O R IE S A N D W O R K S H O P S C O V E R E D B Y T H E FA C T O R Y A CTS, U N IT E D K IN G D O M ,
1912.
Division.
Factories. W orkshops.
N o. 1.............................................................................................................................................
N o. 2 .............................................................................................................................................
N o. 3 ..............................................................................................................................................
N o. 4 .............................................................................................................................................
N o. 5 .............................................................................................................................................
N o. 6 .............................................................................................................................................
In in s titu tio n s (special d is tric ts )..........................................................................................
26,544
15,949
20,253
19,825
18,987
15,669
48
47,887
26,157
24,992
17,054
20,166
19,319
122
T o tal..................................................................................................................................
117,275
155,697
i A n n u al R ep o rt of the Chief Inspector of F actories and W orkshope, 1912, p. 240, Table 2.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
89
The administration of the factory department is therefore extended
over 117,275 factories and over 155,697 workshops. Included in these
are a large number of establishments working under special rules
and regulations and needing a special inspection besides the regular
inspection by the district inspectors of the department. Of the
plants under special regulations there are 55,028 works, 4,208 docks,
and 4,555 warehouses. There were also in 1912, 315 textile factories
where humidity records had to be kept, according to section 96 of
the act. Besides there were under the jurisdiction of the inspectors of
particulars, 7,812 textile factories, 1,671 textile workshops, and 26,843
nontextile shops.1
The inspection work of the department consists in visits or
inspections. During 1912 the inspectors made the following effective
visits:1
Factories.................................................................................................................. 163,698
Workshops............................................................................................................... 221,061
19,963
Other places under the act............................................................................ .
Places not under the act....................................................................................... 25,266
Total visits................................................................................................... 429,988
Ot these visits, 44,042 were made before or after legal hours;
177,335 factories and workshops were visited once and 57,896 were
visited more than once.2
EXTENT OF W ORK.
Of course, the work of the department can not be judged merely
by the number of visits made by the inspectors. Besides the actual
work of visiting a factory or workshop, factory inspection consists
also in a number of other functions, which, while not finding their
way into the statistical data, are nevertheless of much importance
in the work of administration. Among such may be included the
following: Interviews with employers; talks with superintendents
and managers of workshops; interviews with workers; inspection of
registers, notices and various forms found in the factory or workshop;
verbal or written caution given by the inspector to the owners in the
case of remediable violations; advice given as to new plants and estab
lishments; reports to superiors on various industrial conditions; visits
to courts, offices of the superintending inspectors, etc.*
Besides the general work of the district inspectors, account must
also be taken of the special work by the local authorities, women
inspectors, special inspectors, and of the certifying surgeons.
1 Annual Report of the Chief Inspector of Factories and Workshops, 1912, p. 265, Table 30.
2 Idem, p. 265, Table 30.
90
BULLETIN OF THE BUREAU OF LABOR- STATISTICS.
W ORK OF THE LOCAL AUTHORITIES.
According to an extract from the Annual Report of Medical Officers
of Health, embodied in a report of the chief inspector 1 there were
made by the various officers of the local authorities not less than
503,514 inspections, divided as follows:
Factories, including factory laundries......................................................... ....... 56, 992
Workshops, including workshop laundries.......................................................... 389, 546'
Work places, other than outworkers’ premises............................................ ....... 56,976
Besides these inspections the officers of the local authorities also
made visits to 12,111 employers and 103,958 outworkers.
The result of the work of the officers of the local authorities may
partly be judged by the written notices sent by them, of which there
were 28,762, and by the 44 prosecutions instituted by them, Besides
these there were 8,378 notices served and 96 prosecutions for failing
to keep or send lists of outworkers. As a result of the inspection of
outworkers, there were 2,478 instances where outwork was found
to be in unwholesome premises and 768 where it was done in premises
infected by contagious diseases.
The violations or cases of defects found by the inspectors for the
local authorities are classified in the following table from which may
be judged the exact subjects which are under the supervision of the
local authorities:2
CASES O F D E F E C T S F O U N D B Y F A C T O R Y IN S P E C T O R S , U N IT E D K IN G D O M , 1912.
Particulars.
N uisances u n d e r th e public h e alth acts:
W a n t of cleanliness...........................................................................
W a n t of v e n tila tio n ......................................................................
O v ercro w d in g ...................................................................................
W a n t of drainage of floors.............................................................
O th er nuisances. .............................................................................
S a n ita ry accommodation:
Insufficient . ^ ....................................................................................
U nsuitaole or defective...................................................................
N o t separate for sexes......................................................................
Offenses u n d er th e factory acts:
Illegal occupation of underground bakeries...................
B reach of special san itary requirem ents for bakehouses___
O th er offenses (excluding offenses relating to o u tw o rk ),
T o ta l.................................................................................................
Referred
to fac
to ry in
spectors.
Found.
R em e
died.
22,148
1,918
671
617
17,086
21,741
1,792
665
599
16,557
41
14
6
1
17
1
16
1,992
12,435
811
1,630
11,382
744
19
31
6
9
7
47
3,446
1 ,0S8
28
3,373
934
2
10
119
1
5
62,259
59,445
264
Prose
cuted.
3
2
46
The workshops on the registers at the end of the year were as
follow s:3
England and Wales................................................................................................ 216, 874
Scotland................................................................................................................... 27, 345
Ireland.....................................................................................................................
5, 277
Total.............................................................................................................. 249,496
1 A nnual R ep o rt of th e Chief In sp ecto r of Factories a n d ’W orkshops, 1912, p. 246, Table No. 8a.
2 Idem , p. 246, Table 8b.
3 Idem , p . 247, T ab le 8d.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
91
W ORK OF THE W OM EN INSPECTORS.
The number of visits made in 1912 by the staff of the women’s
department was 9,205, of which there were 5,204 in factories, 3,538
in workshops, and 463 in other places under the act; the number of
places, not under the act, visited was 2,531; the miles traveled 106,965;
the women inspectors also attended courts 176 times and attended 9
inquests; they also had 465 interviews at the local offices with workers,
employers, and others.1 Of the accidents reported, affecting women
and girls in laundries and wearing apparel factories, which were
assigned for investigation to the women’s branch, there were 707.
They also investigated 77 cases of industrial poisoning; contraven
tion notices issued to occupiers numbered 7,085; in addition to these,
1,082 notices were issued to sanitary authorities; there were also 78
prosecutions instituted against 69 occupiers.
Most of the senior inspectors and several of their staff as w^ell as
members of the “ floating” staff centered in London have made various
special inquiries. One inspector made an inquiry2for the Home Office
among theatrical costumers and in theatrical wardrobe departments
regarding fireproofing of costumes and accessories, eliciting informa
tion of practical importance; she also conducted with the aid of an
other inspector inquiries bearing on factory act administration in the
fish-curing industry and on conditions for girls in the tin-box trade.
Another inspector was called on to give evidence to the Irish linen
trade committee and the committee on humidity in flax mills and
linen factories, both involving special work; she also made an inquiry
into the effect of intense light and heat on the eyes and general
health of workers in incandescent electric lamp factories and into the
health among aerographers in Christmas card factories. A number
of other inquiries were conducted by the other inspectors.
This department received 1,870 complaints, of which 896 were
upheld; of the complaints received 637 were anonymous, 475 signed
by workers or their friends, 201 by public officials, and 557 by various
organizations.3
W ORK OF INSPECTORS OF TEXTILE PARTICULARS.
4
The five inspectors in this special branch received and investigated
169 complaints in 1912, of which 95 were verified; 907 notices of
contravention were served upon employers.4 The number of registered
factories under this particular act was 7,812; the number of work
shops, 1,671. Inspections were made in 6,070 factories and 849
workshops. One inspector made personally 1,012 visits to factories
and 161 visits to workshops.
1 A nnual R ep o rt of th e Chief Inspector of Factories and W orkshops, 1912, p. 114.
2 Idem , p. 115.
3 Idem , pp. 119 an d 120.
4 Idem , p. 159.
92
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
W ORK OF INSPECTOR FOR DANGEROUS TRADES.
The number of works under regulations and special rules at the end
of the year was 61,449. The one inspector for dangerous trades not
only made numerous inspections and inquiries, but also during the
year attended a number of congresses as a representative of the
department and visited a number of museums of safety. One
inspector was given to him for assistance in routine work of the office
during the year as well as to make some special inquiries.
Special inquiries were made into bronzing, humidity in cotton cloth
factories, lead smelting, pottery regulations, self-acting mules, flax
spinning and weaving, chemical manure works, and many other
specially dangerous industries. A special inquiry was also made in
the investigation of carbonaceous dust explosions. Two hundred
and five Samples of dangerous materials were submitted to the prin
cipal chemist of the Government laboratory for analysis, and there
were 2,459 air samples collected by the inspectors.
WORK OF THE ELECTRICAL INSPECTOR.
The report of the electrical inspector of factories deals with acci
dents at electrical generating stations and substations, of which there
were 283, and the investigations made by him into the causes of
these accidents.
W ORK OF MEDICAL INSPECTORS.
The work of the medical inspectors consists in the pursuance of
special investigations, in the visits made on special complaints, and
in the various investigations of industrial poisoning, etc,, The chief
medical inspector was also reappointed as member of the depart
mental committee on compensation for industrial diseases.
Dr. Collis, assistant medical inspector, made a number of special
inquiries; gave evidence before the royal commission on metalliferous
mines and quarries; made important investigations on the special
relation of silica dust to the occurrence of tuberculosis; he was also
a member of the committee appointed to consider the use of lead
paint in the house and coach painting industries; he also collaborated
with another investigator on the conditions of employment in the
manufacture of tin plates; he conducted an inquiry into an outbreak
of unusual illness, accompanied by asthma and persistent coughing,
among weavers in Lancashire; and prepared a very valuable report
on the effect of dust upon those employed in grinding metals; he
also paid many visits to cotton mills to insure the completion of
installations for the removal of dust generated in the processes of
stripping and grinding cotton-carding machines; he also visited fac
tories in various parts of the country in connection with the observ
93
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
ance of the regulations for lead smelting, vitreous enameling, casting
of brass, heading of yarn, and tinning.
The medical factory inspectors also have general supervision over
the work of the certifying surgeons.
W ORK OP CERTIFYING SURGEONS.
There were in 1912 2,279 certifying surgeons, of whom 2,001 fur
nished reports. The following statement shows part of the wTork
accomplished by th em :1
Medical examinations for certificates of fitness:
Under 14.......................................................................................................... 42, 203
Between 13 and 14 intended to be employed full time.............................. 91, 222
373,301
14 to 16.....................................................................................................
Total..................... ....................................................................................... 506,726
Of these examinations the number which resulted in certification
and rejection are shown, by sex, as follows:
Certified:
Males................................................................................................................ 237,058
Females............................................................................................................ 254, 327
Total............................................................................................................. 491,385
[Rejected:
Males................................................................................................................
Females............................................................................................................
5,317
10, 024
Total.............................................................................................................
15, 341
Accidents reported to certifying: surgeons:
Fatal.................................................................................................................
Nonfatal...........................................................................................................
1, 260
49, 936
Total.............................................................................................................
51,196
Cases of industrial poisoning reported by certifying surgeons...........................
656
Besides these there were the following number of examinations
made by certifying or appointed surgeons in dangerous trades:
Examinations:
Males................................................................................................................ 189,430
Females............................................................................................................ 41, 996
Total............................................................................................................. 231,426
Persons suspended from work:
Males................................................................................................................
583
Females............................................................................................................
98
Total.............................................................................................................
1A n n u al R ep o rt of th e Chief In sp ecto r of Factories an d W orkshops, 1912, p p . 244, 245, 248, 249.
681
94
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
PROSECUTIONS, CONVICTIONS, AND PENALTIES.
The work of the inspectors resulted in a large number of prosecu
tions, the total number of which was 2,674, resulting in 2,521 convic
tions. The amounts of penalties collected were as follow s:1
O F F E N S E S , C O N V IC T IO N S, A N D P E N A L T IE S C O L L E C T E D , U N IT E D K IN G D O M , 1912.
Penalties.
Offense or requirem ent—
Cases.
Convic
tions.
Total.
Average.
As to:
F o rm s...............................................................................................
S a n ita tio n .......................................................................................
Safety............................................... ................................................
E m p lo y m en t..................................................................................
Particulars.......................................................................................
O bstruction of inspector..............................................................
Truck a c ts .......................................................................................
276
113
236
2,013
10
7
19
234
98
227
1,928
10
6
18
$899.25
603.20
3,125.35
6,366. 66
61.56
49. 88
120.57
$3.65
6.16
13.77
3.31
6.16
8.31
6.69
T o tal..............................................................................................
2,674
2,521
11,226.77
4. 46
Of the cases in which there was no conviction 36 were withdrawn
on payment of costs, 42 were withdrawn for amendment on alternative
charge, while only 75 were dismissed. The largest number of prose
cutions were in the fifth division, in which Manchester is located,
where 814 cases were prosecuted; the smallest number were in the
third district, where Birmingham is located, where only 274 prosecu
tions were had.
The number of prosecutions have greatly decreased, according to
the report of the chief inspector 2—in 1902, 3,426; 1907, 4,474; 1912,
2,674.
METHODS OF INSPECTION.
The organization of the department of factory inspection in Eng
land is, as has already been indicated, highly centralized. The
department is under the sole jurisdiction of the Home Secretary, and
its destinies are guided by a chief factory inspector, who is the head
of the department, and who is responsible for the work of the depart
ment to the Home Secretary and to Parliament.
DUTIES OF CHIEF FACTORY INSPECTOR.
The chief factory inspector renders an annual report of the work
of his department to the Home Secretary, and his report is submitted
to Parliament and is usually discussed by the members of Parliament
when the question of the budget of the department comes up.
The chief inspector is assisted in his work of supervision of the
department by two deputies. All the reports of the superintending
inspectors on the conditions of their districts are sent weekly to the
chief factory inspector; also all the reports of the principal lady
1 A nnual R ep o rt of th e Chief Inspector of Factories an 1 W orkshops, 1912, p p .
2 Idem , p . 265.
2.Z9,
2C0.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
95
inspector as well as the reports of the special inspectors. Besides
this, the chief or his deputies are consulted in all matters regarding
policy, and in almost all important matters arising in their respective
districts or functions throughout the service. All promotions of in
spectors are passed upon by the chief and his deputies, and all increases
in salaries must have the approval of the chief inspector. The chief
inspector has his office at the Home Office in London, where are also
located the very extensive library and archives of the department.
The functions of the chief inspector in relation to the district and
other grades of inspectors are assumed by the superintending
inspectors. Of these, as has been seen, there are six besides the
principal lady inspector. These seven inspectors have charge of
then: separate sections of the country, except in the case of the principal
lady inspector, who is not assigned to a special district, but to whom
special functions are assigned.
DUTIES OF SUPERINTENDING INSPECTORS.
The superintending inspectors are responsible for their divisions
to the chief factory inspector; they send him weekly reports of the
work in their respective divisions and have the sole supervision of
the inspectors in their districts, except as to matters of promotion,
increases of salaries, and certain other important matters of policy
upon which they usually seek and get the advice of the chief inspector
or of one of his deputies. The superintending inspectors have yearly
conferences with the chief inspector, when matters of policy and
departmental matters, etc., are discussed. Districts are assigned
to the district inspectors by the superintending inspectors with the
consent of the chief inspector. As a rule, districts are assigned only
to inspectors of grade 1A.
DUTIES OF DISTRICT INSPECTORS.
District inspectors are under the jurisdiction of the superintending
inspector, and make their reports to him and consult with him in a ll.
important matters. They must get the sanction of the superintend
ing inspector in important prosecutions. They send him weekly
reports as to their work and whereabouts, expenses, etc., as well as
the reports of the work of their subordinates.
To each district inspector are assigned several inspectors of grade
1A, grade IB, and grade 2; also several assistant inspectors, the
number of the various inspectors assigned depending upon the size
of the district and its importance. Some districts may have only
one assistant inspector besides the district inspector; others may
have four or five to assist the district inspector. Within the district
there are as a rule no territorial subdivisions. The district inspector
has charge of the whole district and assigns his assistants to vari
ous functions according to their experience, ability, etc. Those
96
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
inspectors who have a special knowledge of engineering are usually
assigned to factories where safeguarding of machinery is an important
consideration. Assistant inspectors are usually assigned to the
supervision of workshops, to the enforcement of the Sunday law,
detection of “ nibbling,” which is the practice by some dishonest
manufacturers of starting and closing their work five or ten minutes
before or after the proper period, thus gaining from ten to twenty
minutes daily from their workers without paying them for it. As
a rule, district inspectors are allowed to remain in the districts for
comparatively long periods in order to familiarize themselves with
the conditions of the districts, and thus make themselves more com
petent to deal with different conditions and problems. District
inspectors are transferred, however, when the chief inspector decides
that such transfer is for the good of the service, and upon their own
request, when such request is based upon important considerations.
FORMS FILLED OUT BY INSPECTORS.
Inspectors are supposed to fill out certain forms indicating the
amount and kind of work which they have done during the week. One
of the reports is Form 211 entitled “ Weekly report of visits.” In this
report inspectors are supposed to indicate the name and address of
the manufacturer of each plant they visited, also the action taken.
They also make a weekly summary on Saturday for the week ending
that day. This report is forwarded on or before Monday of the
following week. In this weekly summary they make an entry of all
official occupation and absence from duty. Entry is made by each
date and day of the week and gives the number of visits to factories,
workshops, other places under the act, places not under the act,
number of days’ inspection, other active work, office work, committee
work, or leave of absence.
They also give a summary of the number of works visited, including
those found closed, the time during which the works were visited,
whether during meal times, before or after legal hours, on Sundays or
holidays. They also give the number of interviews at the office,
attendance at inquests, attendance at court, the number of miles
traveled, and the cost of official traveling.
The district inspectors collate the data gained from the previous
report for all the inspectors upon a special form in which all these
data are given for all the inspectors in their district and sent to the
superintending inspectors weekly.
EXPENSE ACCOUNTS.
Each inspector is also supposed to give a weekly account of his
traveling expenses and subsistence allowance on Form 333 and a
monthly account on Form 334. These give a detailed itemized
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
97
account of the various conveyances used, the number of miles
traveled, the charges for railroad fare, for cab hire, for incidental
expenses, and for subsistence allowances. These accounts are
audited by the district inspector for his staff and by the superin
tending inspector for all the districts in his division. Account must
also be given for clerical hire, office expenses, and prosecution
expenses on separate blanks furnished by the department.
The district inspector is usually allowed the expenses of renting
a suitable office in his district, equipping the same, and engaging
clerical assistants. All the expenses for the above must be accounted
for, and are audited by the superintending inspectors. Should the
inspectors take part in any committee work, they are also supposed
to make a special report on a special Form 345 of the exact work they
have done. There are also special blanks for applications for leave
and for various other communications with the heads of the depart
ment.
The vacation allowed inspectors may be taken by them at one
time or may be subdivided throughout the year.
CORRESPONDENCE AND RECORDS OF DISTRICT OFFICES.
The district inspectors are also in constant communication with the
certifying surgeons, with the owners and occupiers of factories, with
offices of local authorities, and with the heads of the department.
It is evident that there is a considerable— and it is claimed by the
inspectors excessive— amount of clerical work to be done, which they
regard as quite a burden and which interferes with the regular per
formance of duties by inspectors. One day a week— Saturday, as a
rule— is given to the inspectors for the performance of clerical work,
but it is evident that much more than one day must be taken up for
the performance of all the clerical duties and for the writing out of
the numerous reports and forms.
Inspectors are supposed to be in their districts from 9 a. m. to
5 p. m., although there is no specific regulation to this effect, and
they are also supposed to make frequent inspections before and after
legal hours at least one night during the week and at all times when
required by the heads of the department. The inspectors have no
badges of office, but are supplied with an official letter of appoint
ment which serves as an identification in case their authority is
doubted.
Each district office keeps a register of all the factories and work
shops within that district, such register being amplified from time
to time by notification to the department or exchanges with the local
authorities. Customarily no card-record system is employed by the
district inspectors, although it has been stated that this system is
employed by some of the women inspectors. There is also no detailed
32447°—Bull. 142— 14------7
98
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
record of every shop in the district, except that found in the general
registration. There is nothing similar to the voluminous “ Akten”
of each factory, which are kept by the German district inspectors,
and which give the history of each factory from time immemorial to
the very latest date.
The record of inspections made by each inspector is kept in his
notebook, and mention of this inspection is made in his daily and
weekly report. In case a complaint is received, then a special form
is used for the investigation of this complaint and for the report of
the inspector. The inspector also makes a report upon certain works
which do not appear to require routine annual visits apart from emer
gency. Once a thorough inspection has been made showing the
work to be in good condition, Form 354 is made out, so that this
work is not included any more in the number of works which require
an annual routine visit, thus decreasing the number of those works
where visits are needed annually or more frequently. Special re
ports have to be made on those works which are under the regula
tions or special rules. The departmental registers are to be kept and
in them special reports are to be made as to various changes in these
works. Special reports are to be made also on certain regulations,
special laboratory reports, applications for separation certificates,
special memoranda on institutions, and numerous other forms and
reports which are to be filled out by the inspectors in the course of
duty.
Verbal caution may be given by the inspector in minor violations
of the act, but this practice is discouraged, as there may be differ
ences in the version given by the employer and inspector; therefore
written communications are usually the rule in the dealings of the
inspector with the employer. In case a violation is deemed to be
important enough for prosecution, a special report of this is made to
the district inspector and by the district inspector to his superintend
ing inspector.
PROCEEDINGS IN CASE OF PROSECUTION.
Upon the consent of the superintending inspector for a prosecution
the inspector lays official “ information” of his complaint to the
“ court of summary procedure,” and a summons is then sent to the
occupier. The district inspector is usually the one to conduct the
prosecutions, and for this purpose he usually reinspects personally
all the violations upon which a prosecution is deemed expedient or
necessary. The prosecution report gives the name and address of
the person to be prosecuted, his occupation, the date of offense, the
day of the week, the full statement of offense with act, action, etc.,
by whom or by what evidence to be proved, with name of witnesses,
the particulars and dates of previous inspections, warning and prose
cution, and the special reasons, if any, for recommending prosecu
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
99
tion ; the persons in respect of whose employment prosecution is pro
posed, the names and addresses of other witnesses, as well as the
minutes of the inspector and countersigning authorities to sanction
the prosecution. Some blanks contain also the result of the prosecu
tion, the court in which it was tried, the date of hearing, the name
and address of the clerk of the court, the conviction, wiiether the case
is withdrawn, dismissed, etc., the amount of penalty, the amount of
costs paid by the defendant or by the inspector, and the names of
the inspectorial staff attending the court and in what capacity.
The information by the inspector is made out on a special form,
which differs according to whether the information is general or
for employment before or after legal period, or employment during
mealtimes, or remaining during meal hours where manufacturing
processes are carried on, or for any other violations which may be
found. There are different forms for this purpose.
In the section under “ Scope of the administration” the registers
which are to be kept by the occupier, as well as the notices, etc., to
be exposed, have been mentioned. All these registers, of course,
have to be carefully inspected and their contents compared with actual
conditions as found by the inspector. This work necessarily occupies
a large part of the time of the inspector during his visits.
PROCEEDINGS IN CASE OF ACCIDENTS.
All accidents which occur in factories and workshops and which are
either fatal or disable persons for more than seven days are reported
to the district inspectors; and certain accidents causing loss of life
or which are due to machinery, explosion, etc., must also be reported
to the certifying surgeon, who has to make an investigation of the
factory and workshops and make a report within 24 hours to the
inspector. Inspectors usually investigate for themselves serious acci
dents and such accidents as they have cause to think were due to vio
lation of the law. Inspectors also attend coroner’s inquests.
The certifying surgeons send in these reports upon special forms;
accident report, for instance, on Form 589; report on accident poi
soning on Form 833; report of inquest on Form 146, and a general
list of the certifying surgeon’s accident reports on Form 595. The
certifying surgeon’s report of accident, which is given in full on Form
501, contains the name of occupier, address of works, nature of indus
try, branch or department of the work in which accident occurred,
the date and hour that the accident was caused, what kind or part
of machinery, to what was due the accident, the name, sex, and age
of the injured person, the hour at which he began to work on day of
accident, the usual employment, the precise occupation at time of
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
accident, the character of the injuries, and absence from ordinary
work in cases of nonfatal accidents. He is then to make, besides
this, a separate report upon his finding. Certifying surgeons also
make reports to the inspector in cases of anthrax, lead or arsenic
poisonings, etc.
NOTICES TO CERTIFYING PHYSICIANS.
Certifying surgeons are required to give certificates to children
for physical fitness, these examinations to be given only in the work
shops or factory in which they are employed, except in such cases
where less than five children are employed in the work place. Then an
examination may be made at the office of the surgeon. The following
notice to certifying surgeons in re certificates of fitness is of interest,
as it is not included in the general reports of the department and is
found on a special Form 200, October, 1908, which was kindly fur
nished by the chief inspector.
NOTICE TO CERTIFYING SURGEON.
A child under 14 years of age, named------------------- , residing a t --------- , was found
on ---------to be employed at th e--------- factory (or workshop) o f----------a t----------in cer
tain work, namely---------, which appears to involve a contravention of s. 3 of the em
ployment of children act.
The prescribed entries relating to the child were duly made in the general register,
with a certificate of fitness for employment as a ------ dated ------. No conditions
were attached. The following conditions were attached.
[O m it in case of w orkshop in w hich certificate of fitness is not req u ire d .]
It may be necessary (in connection with any proceedings that may be instituted
under the employment of children act) to produce medical evidence as to the unfitness
of the child for the work specified above, and I am directed to ask you to examine the
child (in pursuance of par. 6d of the instructions) as soon as possible, and report to me
the result, stating fully (a) whether the work specified above is in your opinion likely
to cause injury to the child in question; if so, a signed certificate to that effect (follow
ing the terms of the appropriate subsection of s. 3 of the employment of children act)
should accompany your report for service on the occupier if necessary under subsec
tion 6; and (6) whether the child is by disease or bodily infirmity incapacitated for full
employment generally in the factory or workshop, so that if necessary a notice may be
served on the occupier under s. 67 of the factory act.
[If notice sent u n d e r s. 67.]
A further notice has been sent to the occupier, in pursuance of s. 67,1901, requiring
him to discontinue the employment of the child after------, as the said child appears to
be incapacitated by disease or bodily infirmity from working daily for the period
allowed by law in th e------.
If as the result of your examination you are of the contrary opinion, it is open to
you,[on the application of the occupier under s. 67, to give: (a) If no certificate of fit
ness, a certificate to that effect, (b) If certificate of fitness, a new or amended cer
tificate of fitness, coupled with any necessary conditions as to the kind of work on
which the child may be employed. (See pars. 20, 21, 22 of the instructions.)
In the event of any such certificate being given, a copy should be attached to your
report.
FACTORY INSPECTION IN EUROPE---- GREAT BRITAIN.
101
[If no notice sent u n d e r s. 67.]
If you find that the child is either unfit to be employed daily for the period allowed
by law in the------, or fit only for certain kinds of employment, you are requested to
report accordingly, and to cancel the certificate of fitness (if any), or to attach to it the
necessary conditions, which should be such as to exclude any injurious employment.
(See pars. 20, 21, 22 of the instructions.)
[If all u n d e r 16 are to be exam ined.]
In the same —— are employed ------ children and ------ young persons under 16
years of age. You are further requested, in pursuance of par. 6d of the instructions,
to (examine: reexamine) them (1) as to whether their employment is work likely to
be injurious to them, and (2) as to their fitness for working daily for the period allowed
by law in the —— , and to report the result to me.
If you find that any of these persons is unfit to be employed daily for the period
allowed by law in th e ------, or fit only for certain kinds of employment, you are
requested to report accordingly, and to cancel the certificate of fitness (if any), or
attach to it the necessary conditions.
RELATIONS OF INSPECTORS W ITH EMPLOYERS AND EMPLOYEES.
It has been seen that upon the first appointment of the inspectors
almost every man’s hand was against them, and that they were op
posed on all sides and their work made very difficult. This opposition
to the inspectors’ work made it necessary from the beginning to adopt
a conciliatory method, and has made inspection less a work of detec
tion of violations than one of moral suasion and endeavor to improve
industrial conditions by peaceful methods. These methods have been
followed by the subsequent inspectors, even when the institution of
factory inspectors had become a permanent one and there was hardly
any opposition to their authority. The first chief factory inspector
(Redgrave) wrote the following in his report in 1872:
Since I have had the great happiness of exercising any influence m
the mode and raison d’etre of inspection it has been my aim to cause
inspection to be subsidiary to the great object of making inspectors
the friends of the manufacturers and operatives, claiming the esteem
of both from the earnestness and strict impartiality with which their
conduct was characterized, and of their thus obtaining a personal
influence which enables them to assist in a variety of ways the social
improvement of the people, and in no slight degree to repress mis
taken ideas, which, if left to fructify, militate against all amelioration.
It will thus be seen that although we, as inspectors, wield a pow
erful weapon in the power of persecution, we use it as sparingly as
possible. We take our stand upon our being servants of the Govern
ment to aid and assist all who are within the range of our influence in
obtaining the best instruction for children, in preventing their over
work, in relieving women from immoderate toil. We endeavor to
show that immediate good will result from what is at first deemed an
interference with labor.1
This policy of making friends with employers and employees, of
dealing gently with all classes with whom they come in contact, of
1 R eports of th e Inspectors of Factories for th e half y ear ending 31st October, 1872, pp. 10,11.
102
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
using persuasive and conciliatory methods instead of resorting to
prosecution and court procedure, is still the distinctive characteristic
of English factory inspection. A tour of inspection in company with
the inspectors in various districts in London gave the writer a strong
impression of the friendly relations existing between the inspectors
and the owners of factories. There seems to be a genuine desire on
the part of the manufacturer to assist the inspector in his work of
inspection, to ask his advice on certain matters connected with the
safeguarding of machinery, and generally to follow his directions as
much as possible. This is the practice of all inspectors in other dis
tricts, and the relations of the inspectors with employers through
out the country are very friendly.
The relations of the inspectors with the employees of factories do
not seem to be so close or genial. Of course it is impossible for the
inspectors to know most of the workers in their districts, while it is
possible for them to be acquainted with most of the employers.
The writer noticed, however, no hesitancy on the part of the workers
in telling the inspectors about their work, and pointing out desirable
improvements in the guarding of certain machines.
The relations of the factory inspectors with some labor organiza
tions are very close, especially in the Lancashire districts. There
have lately been held special conferences by the inspectors, repre
sentatives of the employers, and representatives of the labor organi
zations, and three reports have been published, as follows:
Report on Conferences Between Employers, Operatives, and In
spectors concerning Fencing of Machinery and Prevention of Acci
dents in Woolen and Worsted Mills, by James A. Hine.
Report on Conferences Between Employers, Operatives, and In
spectors concerning Fencing of Machinery and Other Safeguards in
Cotton Weaving Factories, by Gerald Bellliouse and John Jackson.
Report on Conferences Between Employers, Operatives, and Inspec
tors concerning Fencing of Machinery, Prevention of Accidents, and
Temperature in Cotton-Spinning Mills, by Gerald Bellhouse.
The practice of holding these conferences is to be extended in the
near future. There are no official relations between the factory
department and the labor organizations, although complaints are
often received by the department either from the labor organiza
tions or from individual workers. There is probably some closer
relation between the labor organizations and assistant inspectors who
are recruited from the working class or the parliamentary members
belonging to laboring classes.
Within the last few years the department, in order to come into
closer relation with the workers, has appointed on its staff as an ad
viser on labor matters Mr. Shackleton, a prominent labor leader.
FACTORY INSPECTION IN EUROPE---- GERMANY.
103
GERMANY.
HISTORY OF THE DEVELOPMENT OF INDUSTRIAL INSPECTION.1
Legislation for the protection of workers is of much later date in
Prussia and the German States than in England. This is partly ex
plained by the fact that here the factory system rose much later
and that in the absence of representative government the exploita
tion of child labor and the general abuses of the new system of pro
duction could not so easily gain the attention of the legislators as
w^as the case in England. Therefore nearly 40 years of the nineteenth
century passed before any attempts were made toward the ameliora
tion of the condition of the workers and toward their protection by
the State.
The following are the most important legislative acts for the protec
tion of workers that were passed during the nineteenth century in
Germany:
1839— Act regulating the employment of young workers in factories.
1845— General industrial code.
1853— Amendments concerning child workers.
1861-62— Industrial codes of Baden and Wurttemberg.
1869— Industrial code for the North German Union.
1878— Law making factory inspection obligatory.
1891— Amendments to the industrial code.
A G ITA TIO N FO R T H E PR O T E C T IO N O F C H ILD W O R K E R S B EFO R E 1839.
In 1818 the attention of the then Prussian Minister of Public Wor
ship and Instruction, Von Altenstein, was drawn to the miserable con
dition under which children were working in the factories in the
Khine Provinces. He thereupon called for detailed reports and for
recommendations from the Governments of Aix-la-Chapelle, Treves,
Cologne, Coblenz, Diisseldorf, Arnsberg, Munster, Minden, Breslau,
and Liegnitz. The reports received by him from these districts gave
vivid descriptions of the terrible condition of the child workers in
the factories, and the opinion which they expressed was that some
thing must be done to check the further development of these con
ditions, and that some kind of legislation was necessary to protect
young workers from the exploitation of manufacturers and give them
some opportunity for education.
Partly because of the usual slow methods of bureaucratic govern
ment, and partly because of the opposition of the Minister of In
dustry, who feared the effects of legislation upon the industrial
expansion of Prussia, the matter was left in abeyance for over ten
years, and was only revived in 1828, when the Minister of Public W or
1 T he historical d a ta in th is c h ap ter are based u p o n “ Die E n tw icklung der G ew erbeaufsicht in D eutsch
la n d ” (2d ed itio n ) by D r. Stephen Poerschke, a book th a t was prepared by him as a thesis a t th e end ol
M s p ro b atio n ary te rm as in d u stria l referendar.
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
ship and Instruction received aid from unexpected quarters. Lieu
tenant General yon Horn, during that year pointed out in a report
to the King that it was no longer possible to get the usual contin
gent of recruits from the working population in the Prussian in
dustrial districts, because of the unsatisfactory physical condition
of the young workers, and ascribed this condition to their work in
the factories, especially to their emploj'ment at night.
B y a special rescript of May 12, 1825, the King ordered the
Prussian Minister of Public Worship and Instruction and the Minister
of Industry to report to him upon measures to remedy the evils of
child labor in the Provinces. It was not, however, before 1832
that the two ministers could agree upon a proposal for legisla
tion. Then their report lay in the archives and was subjected to
bureaucratic red tape. In March, 1837, the suicide of a poor, very
young factory girl in Barmen induced the “ Rheinish-Westfalische
Anzeiger” to publish an article by manufacturer Schuchard demand
ing some protection for the children in factories. This agitation
Schuchard continued in the provincial legislature, which he induced
to petition the King for a protective law for children. After a
number of conferences it was decided to issue the “ Regulativ” of the
employment of young workers in factories on April 6, 1839.
SCOPE OF THE LAW OF 1839.
The most important provisions of this first Prussian law were as
follows:
1. The prohibition of the work of children under the age of 9.
2. The prohibition between 9 p. m. and 5 a. m. of the work of
children of 9 to 16 years.
3. The limitation of the w^ork of children between 9 and 16 to 10
hours, with 1J hours for meals— 1 hour at midday and one-fourth
hour each in the morning and afternoon.
4. Compulsory school attendance for five hours daily.
5. The prohibition of work on Sundays and holidays.
6. A list of working children to be kept by the factory owners.
The enforcement of this law was given (1) to the local police author
ities, (2) to the teachers of schools, and (3) to clergymen.
Apart from the fact that the law was absurd in some of its provi
sions (Tor instance in the demand for 5 hours’ instruction, a 10-hour work
period, and 1| hours’ mealtime— total 16J hours in the period between
5 a. m. and 9 p. m.), and apart from the fact that after 11| hours in
a factory it was impossible to compel children to attend school for
5 hours at night, the administration of the law was defective in
that there was no special institution for its enforcement, and the
local authorities were unable and unwilling to enforce this law.
FACTORY INSPECTION IN EUROPE---- GERMANY.
105
All reports agree that in most of the places the new law remained a
dead letter. A report of the Government of Magdeburg reads as
follows:
“ The law of March 9, 1839, on the employment of young children
in factories is in most cases not being enforced, as is evident from the
reports herewith presented.” 1
Years later, in 1869, Minister of State Delbrueck, speaking in the
Reichstag on the enforcement of th e‘first law, said that “ it was not
properly enforced because the local police authorities had very little
inclination to give themselves to this hated control, partly because of
the opposition of the manufacturers, and partly because of the oppo
sition of the workers themselves.” 2
When it became apparent that the administration of the law of
1839 left very much to be desired, a proposition was made for the
appointment of local commissions consisting of the local burgomaster,
a clergyman, a physician, a school superintendent, a factory owner,
and possibly a factory worker, this commission to administer the law
and seek for its uniform enforcement in each district. The reports of
provincial authorities and cities to which the ministers applied for
recommendations were very contradictory; while some approved the
appointment of local commissions, there were others who favored the
appointment of factory inspectors according to the example of Eng
land. Finally, the Minister of Culture gave up the idea of appoint
ing the local commissions, and in his order of May 20, 1847, left the
matter of appointing such commissions to the local authorities.
Another attempt for a more efficient administration of the labor
law of 1839 and the amendments made since that year was made
by the provision for industrial councilors in 1849. These industrial
councilors were appointed for the purpose of protecting handicrafts
men against the competition of factory industry, and in some places
to enforce the provisions of the labor law for the protection of children
and young persons. The industrial councilors were specially em
powered to determine the hours of labor and the period of employ
ment for individual factories and industrial plants. Very little,
however, came of this attempt and the agitation for the better
enforcement of the laws was continued from many quarters until
the Government at last came to the conclusion that it was necessary
to do something for the administration of the laws protecting fac
tory children.
In 1851, Minister of State von der Heydt stated that the problem
of improving the industrial conditions of the country was not fully
understood by the local authorities. “ At present,” he added, “ the
Government can not leave unnoticed the labor conditions in fac
1 Anton: Quoted in Die Entwicklung der Gewerbeaufsicht in Deutschland (2d edition), by Dr. Stephen
Poerschke, p. 8.
2 Die Entwicklung der Gewerbeaufsicht in Deutschland (2d edition), by Dr. Stephen Poerschke, p. 9.
106
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
tories.” He doubted the adequacy of the law and of the provisions for
its proper enforcement. He demanded from the provincial authori
ties reports on (1) how and by what bodies the “ Regulativ” of
1839 was administered, and on (2) whether any evil conditions had
been found which should be removed. Most of the reports received
pointed out the inadvisability of any further extension of the pro
visions of the law of 1839, and the uncertainty of its administration
by the police, clergymen, and school authorities, or by the local com
missions. The Government of Diisseldorf recommended the appoint
ment of factory inspectors.
LAW OF MAY 16, 1853.
B y this law the provisions for the prohibition of child labor were
extended to apply to all children under the age of 12 years instead
of 9; the workday for children between 12 and 14 was limited to six
hours, and three hours per day were allowed them for school attend
ance. Regulations were made for pauses for rest and for “ work
books ” for each child worker.
The most important feature of this law was the provision for
the appointment of factory inspectors. The number of inspectors to
be appointed was made optional to the Government. The function
of the future factory inspectors was very characteristically described
in a speech by the Prussian deputy, Von Olfers, as follows:
“ May we get in the persons of these inspectors not police officers
purely, but protectors of the poor children who are employed in the
factories.’’ 1
The function of the inspectors as stated in the law included the
protection of the children during the hours of labor, and the sanita
tion and safety of the industrial plants only so far as they concerned
the young workers. The inspectors had the right of entry to the fac
tories, also to schools, anc! were to see that the children got proper
religious instruction. They were to inspect the factories three times
a year. They were not only to work in conjunction with the police
authorities, but were to supervise their work and inform the Gov
ernment of any dereliction. The police were instructed to prepare
for the inspectors various data, to keep registers of the employment of
children and young persons, and to see the factory inspectors when
necessary. The inspectors had police power, but their written orders
to employers were to be referred to the police authorities. The
inspectors were to be under the jurisdiction of the district govern
ments, to whom monthly and 3^early reports were to be made.
3 D ie Entwickluiife der C ew erbeaufsicht in D eu tsch lan d (2d e d ition), by D r. Stephen Poreschke, p. 25.
FACTORY INSPECTION IN EUROPE---- GERMANY,
107
F IR S T IN SP E C T O R S.
The provision for the appointment of inspectors being optional,
only three government circuits in Prussia saw fit to make such
appointments. These governments were those of Diisseldorf,
Arnsberg, and Aix-la-Chapelle. The appointment of the three
inspectors was at first temporary, and not until 1855, after they
had been called up to the minister for special instructions, was their
appointment made permanent.
? ^ The work of the first three inspectors of course met with great oppo
sition, most of the manufacturers showing very little disposition to
obey the law or take the inspectors seriously. Numerous violations
were found by the inspectors. The inspector of Diisseldorf found
894 violations in 1855. In the inspection district of Arnsberg
the inspector was a former school teacher. He had 350 factories
in his district, employing 2,800 young workers. The number of
inspections made by him were very few, and only 63 violations
were discovered during 3 years. According to Anton, the in
spector in this district made very few visits to the factories. What
ever visits hemade weresporadic, and most of them were known before
hand to the factory owners. The inspector was sick most of the time.
He died in 1860 and his place remained vacant.
The most energetic of the three inspectors was the inspector of
Aix-la-Chapelle, who was formerly a police commissioner, and whose
activities during his first years of work received the commendation
of all friends of the law. He was very energetic and constantly met
with antagonism from the manufacturers. He made frequent inspec
tions of the 300 factories in his district and found numerous viola
tions— 171 in 1859, 108 in 1864, and 205 in 1865.
The tricks employed by the manufacturers to nullify the work of
the inspectors, the signals introduced by them to remove their
child workers before the entrance of the inspector, and other obstruc
tive measures remind one of the attitude and the methods used by
the English manufacturers in opposing the work of the first English
factory inspectors. Thun makes a rather disparaging comparison
between the effect of the work of the first inspectors in Germany and
that of the first inspectors in England.1 He says that while in Eng
land the first inspectors were able to withstand with manly courage
the opposition of the rich opponents of the law, the work in Germany
was given to subalterns who had not grown up in their task.
However, Thun himself had to admit that the task of enforcing
the law was a very difficult one in view of the opposition of the factory
owners. He said:
As soon as the factory inspector arrives in a place his presence is
heralded like wildfire. Many factories he is unable to approach
i Die Entwicklung der Gewerbeaufsicht in Deutschland (2d edition), by Dr. Stephen Poerschke, p. 32.
108
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
without his coming being announced by clerks and apprentices. In
numerous establishments the gateman does not let him in; in other
places he is detained in the office so that by the time he arrives in the
factory the children have disappeared.1
QONDITIONS IN OTHER PARTS OF PRUSSIA AND IN OTHER GERMAN STATES.
If the conditions were so unsatisfactory in the few places where
inspectors were appointed, they were still worse in the many remain
ing districts where the enforcement of the law was left in the hands
of the local police authorities. After the inspection of the Berlin
factories in 1856, it was reported that only in a small part of the
factories was the employment of children according to the law. In
the majority of factories the law was not obeyed. In the govern
ment district of Minden the employment of children under 11 years
of age was found to be a regular practice. As late as in I860, accord
ing to Anton, the law of 1853 was not enforced, except partly in those
places where there were factory inspectors appointed.
Conditions were not better outside of Prussia. In the Kingdom of
Saxony the Industrial Code of 1861 was left without special organi
zations for its administration, and its provisions consequently
remained a dead letter. In Bavaria, attempts at legislation were
made in 1840 and 1854; but the administration of the laws was left
in the hands of the police and school authorities with the same
results. The same thing happened in the Kingdoms of Wiirttemberg,
Baden, Hesse, and elsewhere.
AGITATION FOR THE EXTENSION OF LABOR LEGISLATION AND THE FACTORY INSPEC
TION SYSTEM.
During all this time it became apparent that aside from the pro
tection of child workers there was also a need for the extension of
legislation to cover the question of the prevention of accidents and
of dangers to life and health. The few vague provisions in the previ
ous laws touching this aspect of labor protection were very difficult
to enforce because of the indefinite terms in which the laws were ex
pressed, and because the first inspectors were not technically edu
cated* Certainly the police authorities themselves in the places where
there were no factory inspectors were entirely unfit, either by their
knowledge or by their experience, to deal with questions of this
kind. An agitation was therefore begun to make the laws for the
protection of the health and lives of working persons more definite,
and to extend the system of inspection by factory inspectors who
were technically educated.
With the establishment of the North Gorman Union the need for a
uniform industrial code became very urgent, and after much agita
tion and numerous parliamentary conferences and debates, the
i Die Entwicklung dcr Gewerbeaufsicht in Deutschland (2d edition), by Dr. Stephen Poerschke, p. 32.
FACTORY INSPECTION' IN EUROPE---- GERMANY.
109
Industrial Code of 1869 was enacted without changing much the
institution of factory inspection or extending its functions. The only
result of the enactment of this law so far as factory inspection was
concerned was the expression of the Government as to the need of
increasing the number of factory inspection districts.
INDUSTRIAL CODE OF 1869.
Some of the most important provisions of the Industrial Code of
1869 were as follows:
Article 107, providing that every manufacturer should at his own
cost install and maintain all such safety appliances as are necessa,ry
to safeguard the worker against dangers to life and health.
' Article 128, prohibiting children under 12 years from working.
Provisions extending the application of the factory laws to mines
and quarries, and including the whole North German Federation.
The provisions for the protection of workers between 12 and 14
and between 14 and 16 years were continued, and some of them made
more stringent. The police were empowered to give exemptions to
children between 14 and 16 years for overtimework beyond one hour
a day or four hours a week.
Pauses were set at two hours a day— one hour at midday, one-*half
hour in the morning, and one-half hour in the afternoon.
Night work by children was prohibited between 8.30 p. m. and
5.30 a. m.
As far as the administration of the law is concerned, the Industrial
Code of 1869, as indicated in article 132, provided that “ where the
control of the enforcement and administration of the various pro
visions of the Industrial Code is entrusted to special inspectors,
these inspectors have the same official power as the local police
authorities, especially the right to make inspections at any time,
even at night.” The main importance of the Industrial Code of
1869, so far as administration is concerned, lies in the fact that article
107 provided for the installation and maintenance of safety appli
ances to protect the life and health of the workers. It soon became
apparent, however, that the ordinary police authorities had neither
experience nor knowledge to determine what these safety appliances
should be; and it became necessary therefore to have other adminis
trative bodies to determine these delicate points in labor protection;
hence to extend the system of factory inspection to other districts
and to appoint as inspectors more or less technically trained officials.
The Central Government was therefore compelled, at the request of
a number of various government circuits, to appoint inspectors out
side of the three, or rather two districts, in which inspectors were
already at work.
110
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Meanwhile the development of industrial production and the ex
pansion of manufacturing led to an increase in the labor of women
and children, as well as to a greater number of accidents; and in the
beginning of the seventies there were a great many complaints and
interpellations in the Reichstag as to the inadequacy of labor legisla
tion, and especially as to the inefficiency of its administration.
According to Anton, in the one year of 1874 the factory inspector of
Dusseldorf discovered not less than 7,268 violations. A number of
petitions and reports were sent to the legislators and all agreed that
the administration of the Industrial Code, except in those places
where factory inspectors were appointed, was very lax and that a
change was needed in order to protect the laboring class.
The increase in the number of inspectors, however, was very slow.
Until 1873 there were only two inspectors. After the filling of the
vacancy in Arnsberg there were three. In 1874 three more inspectors
were appointed, one in Berlin, one for the two districts of Breslau and
Oppelu, and one for the province of Saxony. In 1875 there were
altogether 11 inspectors; in 1876, 16; in 1877, 15; in 1878, 15.1
The character of inspectors appointed had changed greatly. All
inspectors appointed after 1873 were scientifically and technically
trailed persons with long experience in industrial work. The first
two inspectors were the only ones left who had no technical training,
and their activity was limited to the protection of children and young
persons.
The work of inspectors may be judged from the following data:
The factory inspector of Berlin reported that in 1874 he visited 27 per
cent of the number of factories; the factory inspector of Pomera
nia in 1875 reported the inspection of 31 per cent. The factory
inspector of Frankfort-on-the-Oder in 1877 inspected 37 per cent and
in 1878, 33 per cent of the factories in his district. The number of
factories inspected in other districts where inspectors were appointed
was very small, ranging, in 1877, from 147 in Cassel to the highest
number of 740 in Frankfort-on-the-Oder.
According to an investigation made in 1870, there were no less than
47,494 young persons working in Prussia during that year; but re
ports of the inspectors do not give much data as to their work for the
protection of children in factories. During all this time the factory
inspectors had, of course, to resort to the help of the police for the
enforcement of their orders, as the matter of prosecution in all cases
of violation was entirely in their hands.
Conditions as to the administration of the Industrial Code of 1869
were not much different in other States of the North German Union
from what they were in Prussia, except in Saxony and Baden.
1 Die E n tw ick lu n g der Gewerbeaufsicht in D eutschland (2d e d ition), by D r. Stephen Poerschke, p. 50.
FACTORY INSPECTION IN EUROPE---- GERMANY.
Ill
In Saxony a system of State boiler inspection had been in force
since the year 1849. After the agitation for the extension of factory
inspection reached Saxony, an attempt was made in 1872 to have
boiler inspectors take charge of the administration of the provisions
of the Industrial Code. On October 1, 1872, the number of inspectors
was increased to four and the whole State was divided into four inspec
tion districts. The inspectors were given the administration of the
provisions of the code, not only in so far as they touched the special
classes of protected persons, but also in so far as they concerned pro
tection against dangers to the life and health of the workers in general.
In 1877 the number of inspection districts had increased to five, and
assistants were appointed in each inspection district, so that at the
end of 1878 there were 10 inspectors in the whole State of Saxony,
i . In Baden the Industrial Code of 1869 was followed by the factory
act of April 16, 1870, by which voluntary factory inspectors were
appointed. This new attempt to appoint honorary visitors and local
commissions proved soon, of course, to be a failure. However, there
was no improvement in conditions until the enactment of the general
law of 1878, making factory inspection obligatory in all parts of
Germany.
INTRODUCTION OF OBLIGATORY FACTORY INSPECTION IN 1878.
Although during the latter part of the seventies the general demand
was for the extension of the factory-inspection system throughout the
whole country and for the obligatory appointment of inspectors in
every Government district, there was still a great deal of opposition
to the extension of this institution from many sides and also great
hesitancy on the part of the Government itself. On the one hand, it
was urged that with the extension of labor legislation beyond the
protection of children to the prevention of accidents, etc., the function
of the police authorities as inspectors became no longer possible. It
was pointed out on all sides that the police authorities were unable
to do any more than make perfunctory inspections and get certain
statistical data, and that “ even the conception of what constitutes a
young person or child laborer was not clear to many of the police
officers.” 1 Of course, when it came to the rendering of judgment
on technical questions concerning the provisions for safety and health,
the inability of the police authorities to do effective work Was very
obvious. On the other hand, there was considerable opposition
to the appointment of technically trained inspectors. It was claimed
by some opponents of the extension that factory inspectors would add
to the difficulties of the relation between workers and manufacturers,
and that these inspectors should not be given so much discretion.
Prince Bismarck, who had already at that time conceived the idea
i Die Entwicklung der Gewerbeaufsicht in Deutschland (2d edition), by Dr. Stephen Poerschke, p. 6.
112
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
of workmen’s insurance and had hopes for the solution of the problem
of the control of industrial conditions by the industries themselves,
was on that account opposed to factory inspection and did not
think that the evils from which workmen were suffering could be
remedied by the appointment of new officials.
In spite of the opposition of the Government and of many other
interests, the Reichstag enacted in 1878 the amendment to the
Industrial Code making it obligatory for all Government districts to
appoint factory inspectors.
ADMINISTRATIVE LAW OF 1878.
The administrative act of 1878 was based upon article 139b. The
enforcement of articles 105, 120, and 133 to 139 was transferred exclu
sively or in conjunction with the police authorities to officers specially
appointed b y the State Government. In the performance of their
duties these officials were given all the powers held by the police,
especially the right to visit establishments at any time. The Federal
States were given the right to regulate the work of the factory
inspectors and their relations with the police authorities, and to
make this regulation as uniform as possible the Federal Council, on
November 18, 1878, issued a set of model regulations, after which the
factory-inspection regulations of all Federal States were patterned.
The keynote of these regulations, in so far as they related to the
status of the inspectors, was as follows:
Factory inspectors were not to replace the ordinary police authori
ties, but were only to complement their activity. B y their technical
and expert advice they were to further the good relations between
employer and employee; not only were they to protect the worker,
but to strive in the interests of the employer also. The inspectors
were admonished to endeavor to prevent the dangers to the health
and lives of the workers. In so doing, however, their demands were
to be made so far as possible without injury to the interest of the
manufacturers. The inspectors were not to issue police orders, but
were to endeavor to stop individual violations by their peaceful rep
resentations and expert advice. Should they detect violations of
the law relating to employment of children, they were immediately to
inform the police, who would conduct the further proceedings and
prosecutions under this law. When inspectors discovered violations
of the spirit of article 120, relating to dangers to life and health, they
were first to notify the employers and recommend certain improve
ments; and, if on reinspection their recommendations had been dis
regarded, then the inspectors were to notify the police for further
proceeding and prosecution. The relations between the police and
factory inspectors, the inspectorial work of the ordinary police
authorities, the manner of engrafting the factory-inspection service
FACTORY INSPECTION IN ETJROPE-— GERMAN Y.
113
into the bureaucratic system of the State, and the forms of reports
to be made by the inspectors were also regulated in detail.
No definite provisions were made in the regulations of 1878 as to the
qualifications of inspectors, but the chancellor recommended “ as a
rule, to appoint only persons with a scientific education who had
graduated from higher technical schools and had been afterwards
either in public or in private technical service, or men who had con
ducted large industrial establishments.”
The main argument for the appointment of technically trained
inspectors was the incorporation in the Industrial Code of 1869 of
article 120, providing for safety appliances to prevent dangers to life
and health. This provision, however, was very general and there
was no definite standard set as to what constituted “ danger to life
and health,” or any determination of what the proper standards for
the various safety appliances to prevent accidents or dangers to life
and health should be. The necessity for setting such standards
became apparent with the appointment of inspectors in all the govern
ment districts in the State, for there could hardly be any uniformity
in the work of the inspectors without a determination of what safety
meant and what appliances should be required. The Government
was urged to remedy this inadequacy of the law, and in response to
the many petitions several commissions of experts and committees of
engineers were appointed in the early eighties. Their reports were
not unanimous in their conception of the general meaning of the para
graph or of the exact standards to be set for the safety appliances
needed. In spite, therefore, of the general demand for more definite
standards, the matter remained in status quo and nothing was done
to give a more detailed explanation of article 120. Only after the
enactment of the insurance law of 1884, and after the establishment
of the various mutual trade associations (.Berufsgenossenschaften) for
accident insurance, was the attempt made to set definite standards
of safety by the industries themselves.
FACTORY INSPECTION, 1878 TO 1891.
Id .1879 Prussia was divided into 19, and in 1881 into 18 inspec
torial districts, and each district division remained practically the
same up to 1890. Each district was supervised by an industrial
councilor (Gewerberat ). From time to time several assistants to
the councilors were appointed, so that in 1890 there were altogether
11 assistants, who, with the 18 district inspectors, constituted 29
inspectors in all. The activity of the factory inspectors in the
period between 1878 and 1891 was not very-great. According to
the Amtlichen Mitteilungen for 1884, the inspectors visited only 14
per cent of all the factories in Berlin, 12.5 per cent in Magdeburg,
32447°—Bull. 142—14------8
114
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
10 per cent in Potsdam and Frankfort, 6.4 per cent in Breslau and
Liegnitz, and 5.3 per cent in Schleswig-Holstein.1
Outside of Prussia conditions were not much different as far as the
activity of the factory inspectors were concerned. In Bavaria three
factory inspectors were appointed in 1879 with the title of “ Govern
ment assessors/’ and the State was divided into three districts with
2,900 factories, employing 103,000 persons. Each inspector made
391 inspections yearly. In 1886 a fourth inspector was appointed,
raising the average to 498 inspections per year.
In Wurttemberg no separate factory inspectors were appointed,
but the work of factory inspection was transferred to two members
of the central authorities for industry and commerce. As these had
many functions to perform beside factory inspection, activity in that
field was very slight, only 178 inspections a year being reported for
each inspector. In 1887 reorganization took place, two inspectors
and assistants were appointed, and in 1889 the State was divided
into two districts with factory inspectors in each and with an assistant
for each inspector.
In Baden a factory inspector was appointed in 1879, and in 1886 an
assistant was appointed whose functions in part were the inspection
of boilers. A second assistant was appointed in 1890.
In the Kingdom of Saxony the staff of inspectors was increased in
1888 by the appointment of several assistants, numbering 17 in all.
In 1884 a redivision of districts was made, so that there were altogether
7 inspectors, in the supervision of as many districts, who had under
them 13 assistants. In 1890 the number of assistants was increased
to 18, so that the total number of inspectors was 25. In the other
German States inspectors were appointed, but their number was very
small— from 1 to 2 inspectors being appointed in each district.
EXTENSION
OF
LABOR
LEGISLATION AND THE
INSPECTION.
REORGANIZATION
OF
FACTORY
The period between 1871 and 1891 in Germany was marked by
great economic expansion and tremendous industrial activity, due
to the unification of all of the German States and the success of
the Franco-German War. This industrial progress led to a large
increase in the employment of women and young persons, to a large
increase of industrial accidents, and also led to great activity on
the part of the German workingmen. This was the period of great
progress in the organization and political .ascendency of the German
social democracy. The rapid increase in the power of the labor
organizations, economic as well as political, caused the increased
demands of the workers for additional protection to be heard with
respect by all the political parties in the Imperial Parliament. All
i Die Entwicklung der Gewerbcaufsicht in Deutschland (2d edition), by Dr. Stephen Poerschke, p. 105.
FACTORY INSPECTION IN EUROPE---- GERMANY.
115
parties vied with each other in protests against existing industrial
conditions and in demands for increased protection for the workers;
for the extension of legislation to protect children, young persons,
and women, and for greater improvement in the administration of
the labor laws. Indeed, the question of factory inspection became
a very vital one in their discussions, and many projects were brought
forth to improve the service and to make the administration of labor
laws worthy of its name.
In the session of the Reichstag of 1885-86 the Social Democratic
Party brought in a project for the reorganization of the factory
inspection department by the creation of 200 or 250 a labor offices”
(Arbeitsdmter) , each of these offices to work under the supervision
of an advisory labor council {Arbeitsrat) , composed equally of workers
and employers. The whole scheme was very complicated. It was
not based upon a scientific foundation, and was opposed by the
Government as well as by the representatives of other parties.
The attitude of the Government, represented by Chancellor Bis
marck, was very much against the extension of either labor legislation
or the institution of factory inspection. It is said that the attitude
of opposition to labor legislation and factory inspection by Bismarck
was not due to his denial of the need for these reforms, but was
due to his new conception of State protection for the workers. In
the beginning of the eighties Bismarck was already imbued with
the idea of protecting the workers by means of a State insurance
law and by the organization of insurance corporate associations,
and of making every industry responsible for the prevention of
accidents and dangers to life and health in its own field. Bismarck
saw the solution of the labor problem in the enactment of the insurance
law of 1884 and in the creation of the trade associations (.Berufsgenossenschaften), in which the various industries were organized on the
basis of self-protection of all the employers in each branch of the
industry, it being the interest of the manufacturers to reduce acci
dents in order to gain a reduction in their insurance rates.
In 1890, the German Government, at the instigation of Emperor
William II, called an international conference at Berlin for the
protection of laborers, in which conference 15 nations were repre
sented. A number of recommendations were made at this conference
for the extension of labor legislation and also for the improvement
of the administration of the labor laws. Having taken the initiative
in the conference, the German Government could no longer oppose
the extension of labor legislation, and in the Reichstag of 1891 the
new amendment to the Industrial Code (Gewerbenovelle) of June 1,
1891, was at last enacted.
116
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
SCOPE OF THE INDUSTRIAL CODE OF 1891 AND REORGANIZATION OF THE FACTORY
INSPECTION DEPARTMENT.
By the law of 1891 children under 13 years of age were forbidden
to work | children oyer 13 years of age could work only when they
fulfilled certain educational requirements. No exceptions were
allowed. Children between 13 and 14 could not work more than
six hours per day with a half-hour pause during these six hours.
Sunday and holiday work was prohibited for children. No children
were allowed to work between the hours of 8 p. m. and 6 a. m.
In certain industries where there were special dangers to health and
morality no children were allowed to worjk at all. In factories where
young persons under 18 years of age were working, certain require
ments were made as to the hygienic and moral conditions of employ
ment. The requirements of the law were extended to small work
shops and to some home industries.
The administration of the labor laws was also reorganized with
an increase in the scope of the work of the inspectors and a larger
contingent of inspectors.
The scope of the work of the inspectors was increased to embrace
the following matters: (a) The enforcement of Sunday rest; (b) the
protection against dangers to life, health, and morality; (c) the pro
tection of children, young persons, and women (as to their age,
periods of employment, pauses, etc.); (d) the prevention of the work
of young persons in dangerous trades; (e) the protection of appren
tices in hotels and taverns. With the extension brought by the later
laws the work of the inspectors was to embrace the inspection of
clothing industries, of workshops with motor power, and the protec
tion of workers in home industries.
In reorganizing the department of industrial inspection in Prussia it
was intended to divide the whole State into 26 government circuits,
each presided over by a government or industrial councilor. These
government circuits were to be divided into a number of districts,
all together 97, with an industrial councilor as district inspector with
one or more assistants. The appointment of the inspectors was to be
limited to persons with academic and technical training, but a promise
was made for the appointment of assistant inspectors from the working
class.
INDUSTRIAL INSPECTION AND INSPECTORS FROM 1891 TO 1913.
Poerschke in his b o o k 1 gives a number of tables which show in
detail the growth of factory inspection, the increase in the number of
inspectors, and their activity from 1891 to 1913. The following data
are based upon these statements:
The number of circuits in Prussia in 1891 was 19. This was gradu
ally increased until in 1912 it was 34. In 1913 it was increased to 37.
1Die Entwicklung der Gewerbeaufsicht in Deutschland (2d edition), by Dr. Stephen Poerschke.
FACTORY INSPECTION IN EUROPE---- GERMANY.
117
The number of inspection districts was increased from 19 in 1891
to 187 in 1913.
The number of officials in the inspection department in Prussia was
increased from 65 in 1891 to 328 in 1912. The percentage of factories
inspected by the inspectors was increased from 31 in 1897 to 51 in
1912.
In Saxony the number of inspectors was increased from 7 in 1891
to 15 in 1911, and the total number of officials in the factory depart
ment was increased from 24 in 1891 to 53 in 1912,
In Bavaria the number of inspection districts was increased from
4 in 1891 to 11 in 1912, and the total number of officers from 4 in 1891
to 35 in 1911.
In Wurttemberg the number of districts was increased from 2 in
1891 to 4 in 1911, and the total number of inspectors from 4 to 19
in the same period.
In Baden the number of districts was increased to 4.
The number of inspection districts and inspectors in the other
States and districts in Germany was, of course, also increased during
the same period.
RELATION OF INDUSTRIAL INSPECTORS TO THE POLICE AUTHORITIES.
We have seen the important role which the police authorities
played and are still playing in the administration of the labor laws
in Germany. It is a fundamental principle of German legislation that
the enforcement of all laws shall be given to the police authorities.
When, therefore, legislation was extended to the protection of work
ers, it was natural that the police authorities should be given the
administration of these new laws. We have already seen, however,
that the administration of the labor laws by the police authorities
was not satisfactory either to the Government or to the various par
ties representing the different classes of population in the State.
Even when labor legislation was confined to certain protective
measures limiting the age of working children and restricting the
work of older children and of women, it was seriously questioned
whether the police authorities had either the wish or the ability to
enforce these laws. It was therefore because of the general dissat
isfaction with the police administration of the labor laws that the
institution of factory inspection was first introduced in 1853, then
extended throughout the different States, then made obligatory in
1878, and finally reorganized in the industrial inspection of to-day.
But even with the creation of a new administrative body, the police
were not relieved of their participation in the administration of the
labor law and still remained practically the only executive authority
to enforce the law by court proceedings, summary prosecutions, and
the imposing of penalties and fines.
118
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Beside these executive functions the police still retained consider
able inspectorial functions, in that they were required to make certain
visits, to gather certain data, and generally to assist the inspectors.
In all the orders and decrees of the Government officials we fii\d
much emphasis laid upon the fact that the inspectors were not to
supplant the police authorities in their functions, but w^ere to supple
ment their activity.
The following quotation from a speech in 1887 by Minister Yon
Boetticher best defines the relation of the two bodies:
The factory inspector is not intended to become a police executive
organ. The factory inspector is an official, who, because of his
technical knowledge, is, on the one hand, an adviser to the authorities
in the establishment of various regulations for the safety of indus
trial establishments, and, on the other hand, is an adviser of the
industry and of the workers in the sphere which is given to him.
The real “ police” tasks in the control of the employment of young
persons should not be within the sphere of the activity of the inspectors.
For this the factory inspector is much too high. This may be left
to the police (gendarmes).
The relations between the industrial inspectors and. the police
authorities have remained practically on the basis established by
these principles, although there have been of late a number of
attempts to change these relations and to make the police authorities
more subservient to the industrial inspectors; and in some places
even to make them a subordinate part of the factory inspector’s
department, as we shall see later.
RELATIONS OF THE INDUSTRIAL INSPECTORS W ITH THE TRADE ASSOCIATIONS.
A very important role in the protective measures against accidents
and dangers to life and health is played by the so-called uBerufsgenossenschaften,” which are institutions created by the insurance
laws of 1884, and consist of mutual trade associations for the purpose
of insurance or the union of all employers in certain individual indus
tries or industrial branches or groups of industries.
The accident insurance and workmen’s compensation laws of Ger
many provide a certain rate of insurance to be paid by certain indus
tries and industrial groups according to the risks existing in them.
The amount of insurance paid by the employers of the industry is
therefore in close relation to the number of accidents and specific
dangers occurring in the various establishments in the industry for
which the employers have to be taxed. It is therefore to the interest
of the employers to reduce the risks and to make such improvements
as will lead to the prevention of accidents.
It was Bismarck’s idea that this self-interest of employers would
perhaps be the greatest incentive to the proper enforcement of the
provisions of article 120 relating to the prevention of dangers to life
FACTORY INSPECTION IN EUROPE---- GERMANY.
119
and health and to the enforcement of the requirements of the factory
inspection department. Therefore these trade associations were
not only given the right to participate in the establishment of special
rules and regulations for the prevention of dangers to life and health
in their respective industries, but also considerable power in the
administration of these rules and regulations. It was thought that
in issuing special rules and regulations for the trade each trade
association would be guided by the best technical ability within the
trade, that rules and regulations so arrived at would be just and
equitable and not too great a burden for the industry to carry.
At the same time the workers in the industry were given some
right to participate in the deliberations for the estabhshment of
these rules and regulations, although this participation and influ
ence proved negligible. In the administration of the rules and
regulations the special appointees of the trade associations were
given right of entry to factories and shops, the right of examining
books in order to determine the wage payments, etc., and especially
the right to examine the machinery and other parts of the factory
with the view of securing improvements leading to the prevention of
accidents. The law also gave to each trade association the right to
impose penalties upon individual owners, either by imposing out
right fines which would not exceed more than 1,000 marks ($238) for
employers, and not more than 6 marks ($1.43) for employees for each
offense; or by placing the owner of an establishment in a class paying
a higher insurance risk.
Soon after the enactment of the insurance laws of 1884, we find
that there were, in 1885 and 1886, already 62 trade associations. In
later years three more associations were formed, making altogether
65 trade associations in the country. From the beginning, the task
of establishing rules and regulations for each industry was very great.
The trade associations employed their own experts and outside
technical advisers. The high technical abilities of their experts may
be judged by the fact that from the beginning they called in for con
sultation and afterwards for guidance, Industrial Councilor Reichel,
who had been factory inspector in Aix la Chapelle since 1875 and
since 1879 a professor in a higher technical school in Aix la Chapelle.1
The technical supervisory officials who were appointed by the trade
associations were not at first numerous, and not all of them had the
exclusive function of factory inspection; they had also various other
functions to perform, such as the revision of pay rolls, etc. Accord
ing to a table from the official report (Amtliche Nachrichten) of the
insurance office, there were in 1911 65 trade associations, each of
which issued special rules and regulations, and 63 of which appointed
1 Die berufsgenossenscliaftliche L nfallverliutung, K onrad H a rtm a n n , p. 7.
120
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
their own technical inspectors, the total number being 350. The
number of establishments under the control of trade associations was
743,823. The inspectors visited over 17 per cent of these. The cost
of the accident prevention work of the trade associations amounted
to 2,197,581 marks ($523,024.28).
The various trade associations constantly endeavored to bring
accident prevention and the science of safeguarding the workers
against dangers' to life and health to a high degree of development,
and for this they established a number of special technical associations.
These issue several scientific publications such as the “ Industrial Tech
nical Adviser,” since 1907 issued under the name “ Soziale Technik,”
a “ Handbook for Accident Prevention,” and numerous special acci
dent prevention rules and regulations. These trade associations have
also endeavored to induce technical institutes and universities to
introduce accident prevention courses in the schools. They have
from time to time offered and given prizes for inventions and dis
coveries leading to better methods of accident prevention. They
have also participated in almost all of the exhibitions on safety and
sanitation which were held either in Germany or outside of Germany
since their establishment.
*
The trade associations are in very close relation with the imperial
insurance office. In 1906, the Kaiser Wilhelm and Kaiserin Augusta
Victoria Foundation was established by the 36 trade associations,
with an initial capital of 177,500 marks ($42,245), for the purpose of
assisting discoveries and inventions leading to accident prevention
and to the protection of the lives and health of workers.1
It is obvious that with such wide legislative powers and with
such considerable administrative functions, the activity of the trade
associations must have come in close contact with the work of
the industrial inspectors; and this dual industrial control might
have led to some friction. As a matter of fact, such was at the
beginning quite frequently the case. The regulations of the trade
associations were not always the same as those of the inspectors.
Sometimes they did not go so far, while at times they went fur
ther, with the result that the inspectors had great difficulty in their
work of inspection in enforcing article 120 of the Industrial Code,
especially in the matter of licensing those establishments in trades
which needed, according to article 16, an application for authoriza
tion. The result of the frequent friction and conflict was that the
disputed points had to be referred to the adjudication of the higher
Government officials who had to call in experts, meanwhile causing
great delay in the administration of the labor laws.
With a view to lessening the differences between the requirements
of the trade associations and those of the inspectors, considerable
1 Die bemfsgenossenschaftliclie U n fallverhutung, K onrad H a rtm a n n , p. 33.
FACTORY INSPECTION IN EUROPE---- GERMANY.
121
change was made in the issue of the new industrial accident insurance
law of July 19, 1911, in the provisions for the establishment of special
rules and regulations for industries by trade associations. The im
provement was secured by the provision that in the yearly conferences
on amendments to the rules, the insured workers should have equal
representation, with full voting power, the representatives to be
chosen, however, by the Government insurance office. Also the con
ferees were to be informed by the police authorities of those regu
lations concerning the industries upon which the conference was held
that had been made by the police or by the inspectors.1 According
to article 852, the rules recommended by the trade associations had
to be approved by the insurance office, which usually got the opinion
of the industrial inspectors upon them.
By these provisions it was sought to lessen the points of conflict
between the factory inspection department and the trade associa
tions, and between the factory inspectors and the technical inspectors
of the trade associations. It is said, however, that this attempt has
not been entirely successful.
W O M EN INSPECTORS.
With the extension of labor legislation to the protection of women
the desire was expressed that women be given participation in
industrial supervision and administration of the labor laws. As
in other countries, this agitation for the appointment of women
inspectors came mostly from the various labor organizations, from
women’s trade and other organizations and from radical parliament
ary parties. The agitation for the appointment of women inspectors
became very strong in 1884, and has continued since that time with
increasing force.
In 1895 the matter of appointing women inspectors came up before
the Diet in Hesse and a committee was appointed to visit England
and report upon the success of women inspectors in that country.
The report of the committee was rather adverse to the appointment
of women inspectors, and in 1896 the Prussian Government made a
decision against the appointment of women inspectors. The inspec
tors themselves were rather against the innovation. The arguments
for the appointment of women were the same that were and are
being urged for this measure in other countries. These are that
women usually show a greater interest in the enforcement of labor
laws, especially as they affect women, and secondly, that women
inspectors are able to get certain information from women employees
more easily. A number of women were appointed in 1890, but their
functions were limited to the inspection of small workshops where
1 See article 872, H offm ann’s G ew erbe-U nfallversicherung Gesetz.
122
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
women were employed, and to assist the other inspectors in their
work.
Having assigned less important functions to the women inspec
tors, and having constituted the female inspector as a sort of inferior
assistant, the qualifications demanded of women candidates for
appointment were much lower, in that women were not expected
to be technically trained graduates of higher schools and univer
sities.
Only in Baden was a female- inspector appointed with
academic education and given an equal standing with the male
inspectors. With the extension of industrial inspection to the inspec
tion of clothing industries and with the enactment of the child-labor
law of 1903 the function of women as inspectors became more im por
tant, and a larger number of women inspectors were appointed.
Experienced inspectors were of the opinion that there was 110
special need for the appointment of women inspectors. The wellknown Schuler, who was one of the oldest and most experienced
inspectors in Switzerland, once gave his opinion that it was not true
that female workers were hesitant to disclose any sanitary defects in
their establishments to the male inspectors. He did not think that
the women could get more information than the men inspectors, and
since in most establishments there are usually as many men as
women employed, the wisdom of preferring women as inspectors in
individual establishments or in other places was doubtful.
According to the speech of Minister of Commerce and Industry
Delbrueck before the Reichstag in 1906, “ the women inspectors
have generally accomplished neither more nor less than the men
industrial inspectors. One can not assert that they have discovered
anything special in the industrial conditions connected with the
work of women; but while they have not accomplished anything
special, we have found that their work showed good results, especially
in Berlin.”
The character of women inspectors appointed in Germany, it is
evident, differs very much from the high character of the women
factory inspectors in England, and their position is accordingly much
inferior to the position of the English women factory inspectors.
The number of women inspectors in Germany increased from 4
in 1898 to 8 in 1900, from 23 in 1904 to 31 in 1910, and to 39 in 1911.
PHYSICIANS IN THE INDUSTRIAL INSPECTION SERVICE.
The need for the participation of physicians in protecting the
workers from industrial dangers and in administering the labor laws
in general was expressed as early as in 1840, soon after the enactment
of the “ Regulativ” of 1839. It was then proposed to add physicians
to the local commissions which were to be appointed to supervise the
administration of that law. This proposal was especially advocated
in a circular of the ministers in 1845. However, there was little
FACTORY INSPECTION IN EUROPE---- GERMANY.
123
progress toward securing its acceptance until the enactment of the
Industrial Code of 1869. This code, as is well known, contains an
important paragraph, which in general terms compels the employers
at their own expense to provide such safety appliances to prevent
dangers to the lives and health of workers as the factory inspectors
may order. The logical consequence of any attempts to administer
this provision of the law was that the opinions of the inspectors and
the employers as to what constitute dangers to health and life con
flicted, and it became absolutely necessary from time to time to
get the expert services and advice of physicians. A number of
physicians in official life and those outside of it were therefore fre
quently called in consultation by the Government councilors and by
the factory inspectors whenever this procedure was found necessary.
The practice was, however, desultory until 1884, when a ministerial
circular defined more clearly the relations of the district physicians
to the industrial inspectors.
According to article 120e of the Industrial Code, July 1, 1883, the
Federal Council was given the authority to issue regulations in special
industries or industrial establishments as to the meaning of the pro
visions of articles 120a to 120c. The Federal Council therefore issued
from time to time certain instructions which required the medical
examination of workers before employment in certain industrial
establishments and in certain industries. Provision was also made
for periodical medical examinations during work. Medical examina
tions were required in the following industries and establishments:
The manufacture of white lead and lead colors.
The manufacture of mirrors with mercury.
In match factories.
In the manufacture of electric accumulators.
In the manufacture of alkali-chromates.
In factories where Thomas slag was ground and stored.
In works, such as glass factories and hammer works, where young
persons were at labor.
In places where female workers between 16 and 18 years of age were
employed.
In certain mines, etc.
The physicians who were appointed by the factory owners (prefer
ence being given to physicians belonging to the sick benefit associa
tions) had, besides the work of medical examination in the industries
and establishments specified, to report cases of industrial poisoning in
these and other establishments to the inspectors.
Another of the activities for which it was necessary to draw from
the medical profession was the enforcement of articlfe 16 of the Indus
trial Code. According to this paragraph a large number of industries,
the exact character of which will be found in another part of this
124
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
report, were required to have authorization before they could be
carried on. While the special purpose of article 16 was to prevent
danger to the districts surrounding the establishments in those indus
tries, the ministers decided that licenses to operate should be given
only when all the various measures to prevent danger to life and health
within the factory had been taken. According to the law the persons
to pass upon the applications for licenses were the factory inspector,
the district physician, the district architect, the district police, and
such other district authorities as WT>uld be specially interested in the
character of the establishment to be erected or maintained. The
application for license had also to be renewed in case any considerable
alteration or addition to existing establishments should be made.
The application had to be accompanied by certain plans, etc.,
and, in order to give chance for complaints or objections to the
establishment, had to be published in the newspapers. The district
physicians were to pass upon the points directly in their sphere,
either on the dangers affecting the public at large, or the special
dangers to the workers in the proposed establishment. This par
ticipation of physicians was, however, very slight between 1884 and
1899, as their help was required only when their advice was found
necessary in the opinion of the local authorities. Thus in Berlin, in
the four years between 1885 and 1888, there were only two cases in
which physicians were asked to assist, and in the district of Belzig in
the five years from 1885 to 1890 only three such cases were found.1
On August 9, 1899, a ministerial circular regulated in a more satis
factory way the function of physicians in the matter of licensing
new and old establishments, with the result that a more regular
participation of physicians in this work was secured.
As far as the connection of physicians with the regular work of
factory and industrial inspection is concerned this was, and even
at present is very slight, apart from the functions already indicated.
The agitation of the Liberal and Social Democratic parties is very
strong and the pressure upon the Government from medical and
scientific circles is also great for a more thorough incorporation of
men with medical knowledge into the inspectorial service . In 1906 a
medical man was appointed as a regular factory inspector in Baden,
and during the first few years of his inspectorial activity he did the
same work as the other inspectors. Only lately has he been given
special work in the medical line. In Bavaria in 1909 a physician
was appointed as an adviser with special functions; but he was
assigned to the ministry and to the central office of the factory
inspection department with the special functions referred to later.
Outside of these two places there are no physicians in the inspectorial
service.
1 Sommerfeld, D er G ew erbearzt, p. 119.
FACTORY INSPECTION IN EUROPE---- GERMANY.
125
APPOINTMENT OF ASSISTANT INSPECTORS FROM THE WORKING CLASS.
Among the leaders of labor organizations, among the members
of the Social Democratic Party, and also among the members of
other radical parties, the opinion has always been strong that the
workers themselves ought to participate in the administration of the
laws for their own protection. It is claimed by those who hold
this opinion that the interests of the workers can best be pro
tected by inspectors coming from the working class— that these can
better understand the conditions under which workers labor, and
better suggest improvements in these conditions, especially in cases
where the matter does not require technical knowledge, but involves
simply the protection of certain classes of persons; for instance,
the prevention of child labor, etc. Reference has already been
made to the project of the Social Democratic Party in the Reichstag
of 1885-86 for a greater participation of the workers in the adminis
tration of the labor laws.
The Government has often and consistently opposed this move
ment in so far as it was proposed to give an important function
to inspectors coming from the working class. In his speech in
1906 Minister of Commerce and Industry Delbrueck spoke as follows
in regard to this matter:
What should labor representatives really do in industrial super
vision ? Should they become police officers, then they would cease
to be the representatives of the workers, and I fear we would soon
have as many complaints against these police officers coming from
the working class as we have in the mining inspection against the
work of inspectors of the same class. Should they, however, not
be police officers, but report to the inspectors infractions of the
Industrial Code, then it is probable that they would only report
violations on the part of the employers. I hold it desirable that
the incorporation of workers in industrial supervision should not
be compulsory, but optional— a matter for agreement between the
parties. Then only will it be of use. If the worker is appointed
an inspector, he leaves the industrial establishment and becomes an
official. The question then is practically this: Whether we wish to
have officials representing the State or the Social Democratic Party.
If the inspector is to be a State official, then he is not needed; if he
is an official of the Social Democratic agitation, then he is an evil.1
In spite, however, of the various objections, appointments have
been made from the working class here and there in States outside
of Prussia. In Bavaria a worker was appointed as assistant inspector
in 1896; in Wiirttemberg, at the repeated demand of the Diet, three
workingmen were appointed as assistants to the industrial inspectors
in 1903. Most of their work consisted in the inspection of small
workshops with motor power, the inspection of bakeries, confec
1 K ah ler, in “ Soziale P ra x is /’ No. 11, 1909, p. 269.
126
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
tioneries, hotels, taverns, etc., as well as in the administration of the
law for the protection of children. In Hesse, in 1907, five assistant
inspectors were appointed from the working class. In Saxony three
assistant inspectors were appointed in 1912. Inspectors were so
appointed also in Baden, Alsace, Lorraine, and in Bremen.
Since the organization of the international association for labor
legislation, the demand for the greater cooperation of the workers in
factory inspection has been widely agitated and discussed, and it is
probable that in future the number of assistant inspectors taken from
the working class will show a large increase.
ATTITUDE OF THE WORKING CLASS TOWARD INDUSTRIAL INSPECTION.
The successful administration of labor laws must and will always
depend to a great extent upon the interest of the workers themselves,
upon their desire for protective measures, and for an honest adminis
tration of the protecting law. No inspection, no matter how thorough
it is or how many times it is performed, can enforce certain parts of
the labor law in individual establishments unless those provisions
are based upon the need of the workers themselves and call forth their
support in enforcement and administration. It is therefore of great
interest to note the relation of the laboring people themselves and of
their representatives in the trade-unions and political parties to the
institution of factory inspection and to the officials employed in the
department of industrial inspection.
As a matter of fact, one regrets to note that the interest of the
working people and their representatives in the official factoryinspection service is, as a rule, very slight. Neither in their official
organs nor in the parliamentary debates, nor in the number of com
plaints sent by the.workers and their representatives to the factoryinspection department, have the workers themselves shown special
interest in the administration of labor laws. Of course there is a
certain amount of discussion in the labor press and among the labor
representatives on matters of factory inspection; but this discussion
is mostly in tho form either of the denial of the worth of the work
of the factory inspectors or in bitter criticism of their work and their
efforts. The Social Democrats have no special demands in their
political platform relating to factory inspection. In their official
handbook for voters, 1908,1 industrial inspection is termed “ a mere
form only;77 and in Parliament Social Democrat Boardman declared
in a speech on March 8, 1909, that he considered u industrial inspection
of very little worth.” He went on to say, “ One thing I must, however',
say, that without it we should probably have conditions in Germany
which would produce a great many more victims on the battlefield of
labor than is the case at present.77
1 Q uoted by K aliler, “ Soziale P r a x is /’ l'JO'J, No. 11, p. 267.
FACTORY INSPECTION IN EUROPE---- GERMANY.
127
In interviews with a number of Social Democrats andtiabor leaders in
Germany there was found either a tacit ignoring of the subj ect of factory
inspection or opposition to the present system of factory inspection.
A prominent social worker in Berlin, however, expressed his opinion
that the extreme radicals oppose factory inspection simply because
“ they can not admit anything good in this system of capitalistic
production. That is simply talk to the gallery. The leaders of the
party know very well the value of the protection given by inspectors,
and in the Reichstag and other places they constantly demand the
extension of the system and an increase in its extent and power.”
Criticism is usually directed to several points: (1) To the number
of exceptions granted by the inspectors; (2) the increased number of
accidents; and (3) the cases of indiscretion by the inspectors in
divulging the names of the workingmen who make complaints.
The following extracts from various official labor sources give an
idea of the criticism alluded to.
The Vorwarts of April 22, 1913, says:
The factory officials announce a decrease in the number of viola
tions. It would be a mistake, however, to infer from this statement
any real decrease in the number of violations against the labor laws.
Many of the establishments the inspectors have never entered.
Where they do enter their coming is heralded in advance and prepared
for. The number of exceptions granted by the officials appears to be
much larger than last year. Overtime work was allowed last year in
2,183 establishments, employing 158,632 women workers, the over
time hours amounting to 2,264,127. In all, 2,240 establishments,
employing 172,691 women workers, were allowed 2,534,684 hours
overtime, an increase of 12 per cent during 1912. The exceptions
allowed for Sunday work have also been increased, from 1,459 in 1911
to 1,507 in 1912; the number of hours allowed from 1,019,808 to
1,389,303 in 1912.
When the officials are so liberal in permitting the employers to
violate the protective laws by legal means, then of course it becomes
unnecessary to resort to illegal violations. Here perhaps is the key
to the officially stated improvement in the enforcement of the laws
for the protection of workers. Of course, by such a method we may
surely soon reach ideal conditions. More strict protective provisions
and the improvement of inspection by the introduction of the control
of the whole industrial inspection by the workers are inevitable.
Speaking of the insignificant fines paid by employers in cases of
violation, the Vorwarts of February 25, 1913, writes as follows:
“ In most cases the violations of the labor laws cost the employer
about 3 marks (71.4 cents). Such fines act rather as a premium to
the existence of violations.” The officer in Diisseldorf even reported
that an employer was found not guilty when it was proved that he
had systematically falsified his working books.
128
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
In the Fifteenth Report of the Tracle-Unions in Stuttgart for 1911,
printed in 1912, page 7, we find the following statement:
We repeat therefore our demand that the powers of the industrial
inspectors be so broadened that they not only include the power to
require sufficient protective devices, but also to influence the working
methods of the inspectors. In order to accomplish good work it is
necessary to watch the industrial establishments constantly, which
means that for large industrial establishments it is necessary to have
specially appointed supervisory officials.
The same report also mentions the following:
Yet otherwise is the confidence of the workers in the industrial
inspectors lessened b}^ the unpleasant affair which had lately been so
widely commented upon.
During an inspection of an establishment in Ludwigsburg by
Industrial Inspector Burner, the employer was given a chance to
examine the handwriting of the complainant, who was soon after
dismissed. The inspector was said to have made the remark on
being asked by the employer for the reason of the sudden unusual
inspection, that “ you probably have an agitator in your place who
made the complaint.” The Holzarbeiter Zeitung says in this regard
“ that our Wiirttemberg colleagues would do well to be more careful
in their relation with the industrial inspectors.”
We also find the following note in the Vorwarts of January 24, 1913:
The industrial inspector, Dr. Urban of Schonebeck, seems to have
a remarkable conception of his office. He receives complaints about
violations, promises to investigate them, and then delivers the com
plaints to the firms complained of and even appears as a court witness
against the complainant.
How far such complaints and criticisms which are made frequently
in the labor press deserve credit or are based upon facts can not be
determined. It was found, in discussing the matter of factory
inspection with a number of representative laborers, that factory
inspection is regarded by many workers as a great protection, and
that, as a rule, factory inspectors are very much respected and their
work considered to be done impartially and efficiently. The factory
inspectors in their districts are always endeavoring to come in closer
contact with the workers, to induce workmen to make complaints,
and in a number of places have even kept their offices open on Sun
days and holidays in order to give workmen a chance to come to
them personally and make verbal complaints.
A number of attempts have also been made by labor organiza
tions to take a greater interest in industrial inspection and to assist
the inspectors in a concerted way. In Saxony certain trade-unions
organized committees for the protection of children. The Hirsch
Dunker-Vereine and the Christian trade-unions have very closely coop
erated with the factory inspectors by sending complaints and assisting
FACTORY INSPECTION IN EUROPE---- GERMANY.
129
their inspections. In 1909 the Social Democratic Gewerkschaftshaus
created a children’s protective commission with a number of female
supervisors, whose function was to detect violations, and, if not able
to improve conditions, to report all such violations to the police or
industrial inspectors. Such committees have also been appointed in
Stuttgart and in several other cities.
A very interesting experiment has been made in Wurttemberg.
Here a number of “ Fachvertrauensleute,” or confidential agents,
were appointed by the labor organizations. These were to act as
intermediaries between the workers and the factory inspectors.
They were to receive complaints from the workers and were to make
a preliminary report to the factory inspectors as to whether these
complaints were well founded. This experiment was begun in 1890.
In 1901 there were in all 182 confidential agents appointed, of
whom 114 were men and 68 were women. The following labor
organizations sent their representatives: The united trade-unions
appointed 45 men and 17 women; the Hirsch Dunker trade-unions
sent 8 men and 3 women; the Evangellische Union sent 39, and
the Catholic Workers Union sent 22 representatives. Among the
women representatives were 48 nurses, nuns, and other persons who
were recommended by the factory inspectors.1
In the period from 1897 to 1902 there were received in Wurttem
berg 744 well-founded complaints, of which 700 passed through
these confidential persons. The attempts to establish such an
institution of confidential persons in other States have not met with
the same success.
Factory inspectors do not show much educational activity among
the laboring classes. Apart from the publications of the “ Berufsgenossensehaften,” or trade associations, which have pubished a
considerable mass of educational material and spread informa
tion concerning accident prevention and protection of workers,
little has been done to educate the workers in the importance of
factory inspection. The factory inspectors very seldom or never
appear as speakers in labor meetings for the reason that, as one of the
inspectors explained, rather awkward questions might be put to
them which they would have difficulty in answering in their official
capacity.
THE INDUSTRIAL CODE.
SCOPE OF THE INDUSTRIAL CODE.
Labor legislation in Germany is based upon the Industrial Code
promulgated in 1869, reissued in 1883, amended and consolidated in
1890-91, and added to since then by special legislation and regula
tions of the Federal Council and ministers.
1 Die Entwicklung der Gewerbeaufsicht in Deutschland (2d edition), by Dr; Stephen Poerschke, p. 179
32447°—Bull. 142—14------9
130
BU LLETIN OF THE BUREAU OF LABOR STATISTICS.
The scope of the Industrial Code is very broad and includes many
matters connected with commerce, industry, and labor. The terms
of the Industrial Code are mostly general, and need interpretation and
amplification either by court orders and decisions or by rules and
regulations issued by the Federal Council, by State legislatures, or by
ministerial orders. Thus, article 139b gives only general directions
as to the administration of the Industrial Code; but the ministerial
order of April 27, 1891, and a similar order of March 23, 1892, give a
detailed explanation of the provisions of administrative control of
factories and workshops. The Homework Law which was passed by
the Reichstag, December 20, 1911, is followed by an order of the Min
istry of Commerce and Industry, March 16,1912, which explains and
interprets the law.
The Industrial Code, containing 155 articles, is divided into 10 sec
tions.
Section I gives only general provisions about the freedom of indus
trial pursuit, the abolition of limitations, and the general princi
ples upon which freedom of industry is based. It also stipulates that
the Industrial Code has no application to fisheries, drug stores, edu
cation of children, the practice of law or notary public, immigration
and emigration, insurance, railroading, public transportation, legal
relations of seamen and sea vessels, mines, practice of medicine, sale
of drugs, the business of lotteries, and stock raising.
Section II deab with permanent industrial establishments, giving
the general provisions about same, also the provisions for those estab
lishments which need a special license of authorization; it also treats
of industrial rights and powers.
Section III deals with itinerant trades.
Sections IV and Y deal, respectively, with markets and taxes.
Section V I deals with trade associations, handicraft unions, labor
organizations, etc.
Section VII, the most important one in the code, deals with indus
trial workers and contains the general provisions on apprenticeship,
technical conduct of industries, and special provisions for all indus
trial establishments having less than 10 workers, for those having at
least 10 workers, and for those having at least 20 workers. The sec
tion also deals with the matter of assistants, apprentices, and workers
in commercial positions, and also embraces the important provisions
for the enforcement of the Industrial Code.
Section V III contains the provisions for the establishment of vari
ous sick and other benefit funds.
Sections I X and X contain the statutory provisions and the pen
alties and fines imposed.
FACTORY INSPECTION IN EUROPE---- GERMANY.
131
ADMINISTRATION OF THE INDUSTRIAL CODE.
The Industrial Code does not apply, as far as the administration
by the industrial inspectors is concerned, to mines, to State indus
tries, to taverns, to agrarian and forest industries, to building, con
struction, to commerce, to the army and navy, and State railroads,
and to boiler inspection.
Mines and quarries are under the jurisdiction of a separate miring
inspection department. The police authorities have charge of the
administration of the protection of workers in commerce and trade;
the persons working in State departments are under the protection of
the State ministers in charge of these departments.
The Imperial Government administers all the laws for the protec
tion of workers in the army and navy as well as State railroads (in
Bavaria and Wiirttemberg the State industries connected with rail
roads are under the jurisdiction of the industrial inspectors). Boiler
inspection is at present practically out of the jurisdiction of indus
trial inspectors, and is in the hands of special boiler inspection asso
ciations. During 1913 the State of Saxony was the last to take boiler
inspection from the jurisdiction of the industrial inspectors.
According to article 139b and the order of the Minister of Commerce
and Industry, the administration, of the Industrial Code applies to the
following:
1. The provisions for Sunday rest with the exception of the pro
vision for Sunday rest in commercial establishments (arts. 105a, 105b,
par. 1, and 105c to 105h).
2. The provisions for sanitation, health, and prevention of accidents
according to articles 120a to 120f.
3. Provisions of articles 133g to 134h, relating to hours of labor, to
wages, fines imposed upon workers, and other working regulations.
4. Provisions of articles 135 to 139aa, relating to employment of
women and of young persons and children.
5. The supervision of those establishments which, according to
article 16, need license of authorization.
6. The supervision over the enforcement of those articles of the
Industrial Code relating to work books, certificates, and wage pay
ment.
Especial attention must be paid by the industrial inspectors to the
following:
1. To the establishments the supervision of which demands tech
nical knowledge and experience which can not be expected from the
ordinar}r police authorities.
2. The establishments the conduct of which is accompanied with
dangers to life and health of the workers or with injurious influences
upon the neighborhood.
132
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
3.
The establishments the conduct of which requires special regu
lations according to the various articles of the Industrial Code.
APPLICATION OF INDUSTRIAL CODE TO VARIOUS KINDS OF ESTABLISHMENTS.
The Industrial Code applies in some or all of its provisions to all
kinds of industrial establishments, factories, workshops, or domesticwork places where any manual work is being done, except such work
which a person or his own children are doing for their own use and con
sumption. The law does not give special definitions of factories,
workshops, or domestic workshops, but makes certain distinctions
according to the number of persons employed or^the kind of establish
ment, as follows:
1. Workshops with motor-driven machines, no matter how many
persons are employed therein.
2. Workshops or factories with less than 10 persons employed
therein as a rule.
3. Workshops or factories with at least 10 persons employed therein
at all times.
4. Workshops or factories with at least 20 persons employed
therein at all times.
So far as sanitary conditions are concerned, practically all estab
lishments, irrespective of the number of workers therein, have to com
ply with the provisions of article 120. The distinctions which are
made as to the kinds of establishment relate mostly to the subject of
the work of women and young persons. According to the new home
work law of December 20, 1911, all home work is regulated under
the Industrial Code and is under the jurisdiction of the industrial
inspectors and the police authorities, so that the industrial inspectors
at present have practically the administration of the protective laws
from the smallest establishment in a tenement house to the largest
works in the State.
PROVISIONS OF THE INDUSTRIAL CODE FOR THE PROTECTION OF W O M EN
CHILDREN, AND CONCERNING INDUSTRIAL CONDITIONS.
AND
The following is a brief resume of some of the provisions of the
Industrial Code to be administered by the industrial inspectors.1
Provisions as to hours o f labor
.
1. Males over 16 years of age— No restrictions.
2. Female workers over 16 years of age—
(a) Work prohibited between 8 p. m. and 6 a. m,; also after
5 p. m. on Saturdays and day before holidays; at least
11 hours night rest.
1 No a tte m p t has been m ade here to present an exhaustive r£sum £ of all the provisions of the G erman
In d u stria l Code. As far as the provisions relating to children and young persons are concerned, a more
detailed account m ay be found in th e article on “ Child labor legislation in G erm any,77 by C. W. A.
V editz, in B ulletin of B ureau of L abor Statistics No. 89.
FACTORY INSPECTION IN EUROPE---- GERMANY.
133
2. Female workers over 16 years of age— Concluded.
(i ) Duration of work not more than 10 hours outside of meal
pauses, 8 hours on Saturdays and day before holidays.
(c) Pauses— 1 hour at midday; 1^ hours for females who
have to care for their houses.
(d) Work prohibited for 8 weeks after parturition, unless
some time has been taken before parturition; in any
case for not less than 6 weeks after confinement.
3. Young persons between 14 and 16 years of age—
(a) Work prohibited between 8 p. m. and 6 a. m.; at least 11
hours night rest; girl workers of this age are not allowed
to work on Sundays nor after 5 p. m. on Saturdays and
day before holidays.
(b) Duration of work not over 10 hours daily outside of pauses.
(Children 13 and under 14 years of age not more than 6
hours daily outside of pauses.)
(c) Pauses— One-half hour pause for those who work not over
6 hours per day; for those working 4 hours before noon
and 4 hours after noon, 1 hour at midday; for those
working more than 4 hours before and after noon, onehalf hour in forenoon, 1 hour at noon, and one-half
hour after noon.
Young workers must remain as much as possible in the free air
during the pauses, and may stay in the workrooms only when the
work is entirely stopped in the parts of establishments where they
are working.
Boys and girls under 13 years, and those older who have not com
pleted their school instruction, are regarded as children. Grand
children, brothers, sisters, nephews, and nieces, and also adopted
children are included in the term “ own children.”
Provisions relating to industrial conditions.
All sanitary regulation of factories and workshops, and all pro
visions for prevention of accidents and for the regulation of dangerous
trades are based upon article 120a of the Industrial Code.
Employers are obliged to establish, maintain, and regulate their
establishments, workrooms, machines, and utensils so as to protect
the workers, as far as the nature of the industry permits it, against
dangers to life and health.
Especially are they to provide for sufficient light, air space, and
air change, the removal of dust, gases, and fumes arising or developing
in the process of the industry.
They aro also to provide such devices as are necessary for the pro
tection of the workers against contact with dangerous machinery or
parts of machines or against any other dangers which are to be found
134
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
in the nature of the industrial processes; also against those dangers
which arise from factory fires.
Finally, provisions must be made for the order of the industry and
the conduct of the workers which would assure the carrying on of
the industrial processes without danger.
Owners of establishments must provide and maintain such devices
and make such orders for the conduct of workers in the industry as
are necessary for the maintenance of morality and good conduct
therein.
The sexes must be separated in so far as the nature of the industrial
process permits or in so far as other provisions do not insure the
maintenance of good morality and good conduct.
In establishments where because of the nature of the process it is
necessary for the workers to undress themselves and to cleanse
themselves after work, special wash and dressing rooms must be
provided.
Article 120d provides that the police authorities (including the
industrial inspectors) may issue special orders for the safety devices or
other provisions of articles 120a to 120c for individual establishments.
According to article 120e, the Federal Council is empowered to
issue special rules and regulations for certain kinds of industries or
establishments which may be regarded as dangerous to life and health.
SPECIALLY R EG U L AT ED IN D U ST R IE S .
Based upon the provisions of article 120e, the Federal Council has
issued orders for the special regulation of certain industries and
industrial establishments. The provisions relate to prohibition and
restriction of the work of women and children, and special sanitary
provisions, and preventions of dangers for adults as well. The indus
tries specially regulated are the following:
The manufacture of lead colors and other lead products; the manu
facture of cigars; the manufacture of alkali-chromates; printing
offices and type foundries; the manufacture of electric accumulators,
with lead and lead compounds; horsehair spinning, and the manufac
ture of hair and bristle goods and brushes; making phosphatic
manure out of basic slag from the Bessemer process; zinc works; the
manufacture of vulcanized rubber products; glass works, glass cut
ting, glass etching, and sand blasting; quarries and stone cutting;
the manufacture of sexual appliances, etc.; lead works, enameling,
lacquering, sign painting, house painting; whitewashing and parget
ing; rolling mills and forges; brick works; the manufacture of chicory;
sugar refining and the manufacture of raw sugar; bakeries; the
manipulation of fibrous materials, animal hair, refuse, and old rags;
hotels and taverns; flour mills; canning and preserving fish, fruit,
and vegetables; dairies; chemical cleaning establishments; gas power
FACTORY INSPECTION IN EUROPE---- GERMANY.
135
plants; the manufacture of mirrors; spinning mills; the manufacture
of heavy iron products; coal mines; and the manufacture of water
gas.
INDUSTRIES REQUIRING SPECIAL AUTHORIZATION.
Beside the industries which are regulated by the Federal Council
because of some special danger to health or life, there are the pro
visions of article 16 for those industries and industrial establishments
which may become a public nuisance. For the establishment of
works of this kind it is necessary to have a special authorization,
which is also required in case of removal of an industry from one
place to another place, or in case of large additions or reconstruction
of the establishment. The applications for authorization must be
presented to the president of the government district in which the
establishment is located, and such applications are examined by
the various members of the district government in their special
jurisdictions. Thus, the application must be passed by the district
official architect and construction engineer, police authorities, and
such other officers as the nature of the industry or establishment
may specially indicate.
The owners of the establishments must present with the applica
tion the required drawings and descriptions of their plans.
There are many provisions in the code as to the procedure for
application and for judging the merits of the application by the
various experts, as well as for the appeal of owners of establishments
against their decision. Objections and appeals by these owners are
finally adjudicated by the Minister of Commerce and Industry with
the advice of the experts in his department.
Article 16 enumerates 26 kinds of industries and industrial estab
lishments which require a special authorization; and by special pro
vision the Federal Council may extend the number of the industries
and establishments, and has extended it to 10 groups of industries
not included in article 16.
EXCEPTIONS AND EXEMPTIONS.
Certain exemptions from the provisions of the Industrial Code
may be given. The authorities who are allowed to make such excep
tions and give such exemptions are the following:
(1)
The Federal Council, (2) the higher administrative authority,
which in Prussia is the president of the district government; in other
States the president of each circuit or district, and (3) the industrial
inspectors and police authorities.
The exemptions and exceptions which are given relate as a rule
only to the permission for overtime and Sunday work of women and
young persons, and are given only in cases of need and for special
industries as well as special seasons and terms during the year. The
136
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
character and number of the exceptions and exemptions and the num
ber of persons whom they affect, are to be reported upon in the annual
report of the inspectors with the reasons for allowing those exemptions
and exceptions. Exemptions which are given by the police authori
ties must have the approval of the industrial inspectors; and all ex
emptions given by industrial inspectors are communicated to the police
authorities.
PENALTIES AND FINES.
Violations of the paragraphs and provisions of the Industrial Code
lead to the imposition of various penalties. These penalties include
fines and imprisonment.
The industrial inspectors have nothing whatever to do with the
criminal or other proceedings against employers, except as far as
they act either as witnesses or as experts. All the proceedings for
violations as well as for the imposition of penalties are conducted by
the State or the district government prosecutors at the initiation
of the police authorities.
All violations concerning hours of labor and the provisions for
employment of protected persons are immediately referred by the
industrial inspectors to the police authorities. In all violations
against the provisions relating to life, health, and protection of workers
against dangerous machinery and accidents, the industrial inspector
gives a written warning to the owner of the establishment, requesting
him to remedy the defects found, under the control either of the
inspectors or the police. If the violations are not immediately re
moved, the police authorities are notified and are then required to
begin court proceedings.
The extent of the fines and penalties imposed by the court differs
according to the character of the violation, and is usually increased
in case of repeated violation.
ORGANIZATION FOR INDUSTRIAL INSPECTION.
The Industrial Code is based upon imperial legislation and there
fore the general laws for the protection of workers are uniform
throughout the States of the German Empire. The administration
of the labor laws, however, is a matter of State control, each State
having the sole jurisdiction over the administration and the regula
tion of industrial inspection within its boundaries. There is there
fore no uniformity in the organization of the administrative functions
of factory inspection, each State having the form of organization which
seems best suitable for its purposes.
The imperial supervision over the administrative organizations ^
each State is very slight. The budget of the factory inspection de
partment of each State is a matter of State control; the reports of the
FACTORY INSPECTION IN EUROPE---- GERMANY.
137
inspectors are directed to the Minister of the Interior, to the Minister
of State, or to the Minister of Commerce and Industry. The Federal
Council (.Bundesrat) may issue special rules and regulations for all
the States, but does not interfere in the administrative functions of
the factory departments of the States^ We find a variety of forms
of organization in factory inspection in Germany. In Prussia the
organization is based upon a territorial district division, and is entirely
decentralized, in that there is practically no organized union of all
the district inspectors nor any supreme head or director of the whole
factory inspection force. On the other hand, in Baden we find a
highly centralized form of organization with a responsible director
at the head of the department, with a general functional assignment
of most of the inspectors, although there is also a territorial subdivi
sion. Between these two extremes of the forms of organization there
are a number of States like Saxony, Bavaria, Wurttemberg, and others
where the form or organization in some respects approaches that of
Baden, while in others it is similar to that of Prussia.
PRUSSIA.
A t the head of the factory inspection department in Prussia is the
Ministry of Commerce and Industry, which issues the special rules and
regulations for the administrative guidance of the inspectors, passes
upon the qualifications and examinations of the inspectors, and
appoints all the industrial inspectors and their assistants.
The State is divided for administration purposes into government
circuits, which correspond to the seats of the police and other Govern
ment authorities. A t the end of 1912 there were, according to the
report CJahresberichte der Tcdniglich preussischen Regierungs- und
Gewerberdte, 1912, page X X X I I ) , 34 government circuits. This
was increased in 1913 to 37.1
Each of the government circuits has its bureaucratic head in the
person of the president or political chief of the district. This higher
official of the circuit is also the nominal head of the factory inspection
department as well as of all other departments in his district.
Directly under him and as a part of the government council of the
district stands the state and industrial councilor (Regierungs- und
Gewerberat) of the circuit, who is appointed by the king, and who has
the supreme charge of all the industrial inspectors in the districts in
his circuit. The other industrial inspectors are appointed by the
Minister of Commerce and Industry. It is usual for each state and
industrial councilor to have also one or more so-called industrial
Beilage zu N r. 14 des M inisterial-B latts. H andels- u n d G ew erbe-V erw altung, B erlin, M ontag den 26.
Mai 1913. U b ersich t liber die O rganisation des G ew erbeaufsichtsdienstes in den einzelnen Regierungsbezirken. (S ta n d vom 1. J u n i 1913.)
138
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
technical assistant acting under him and substituting for him during
vacations, etc.
The state and industrial councilor of the circuit is a member of
the government council, and has offices usually in the county or
municipal buildings. His clerical assistants belong to the general
offices of the Government and are not considered a part of the
factory department.
The size of the government circuits varies; some of them may be
very small and may not have any district division or any industrial
inspectors besides the state industrial councilor; others may be
divided into 10 or more districts. For instance, Berlin, presided over
by “ Privy Councilor ” Karl Hartmann, with two industrial councilors
as his assistants, has 13 districts and embraces the whole territory of
Berlin, Charlottenburg, and a large part of the suburbs of Berlin.
The office of the privy councilor is in the Polizeiprasidium in Berlin,
the seat of the police authorities in the district.
The 37 government circuits are presided over by 37 “ state and
industrial councilors,” and are divided into 188 districts. Each of
the 188 distiicts is under the charge of an industrial inspector, who
usually also has the title of industrial councilor. Within his district
each inspector has supreme charge of all the establishments to which
the Industrial Code applies.
The relations between the district industrial inspector and the cir
cuit state and industrial councilors are not very close. The district
inspector reports annually to the circuit industrial councilor on the
condition of his district and on the work performed by him during
the year. The office of the district inspector is usually visited by
the circuit industrial councilor once a year. In case there are appeals
from the decision of the district inspector as to the applications for
authorization, then these appeals are referred to the industrial coun
cilor of the circuit. As a rule the various district inspectors come
together once a year for conferences. Each district industrial
inspector may have one or more assistants, cither industrial assessors
or industrial referendars, or a female industrial assistant.
Within each district there is no territorial subdivision, but each
assistant is assigned to work by the district inspectors according to
the needs and exigencies of the work. There is no direct connection
or relation between the 37 heads of the factory government circuits;
they are called in for a yearly conference with the minister of com
merce and industry, which is the only opportunity they have to
discuss industrial matters and to formulate some methods of uniform
procedure.
The total number of officials in the factory inspection department
of Prussia in 1912 and 1913 was as follows:
139
FACTORY INSPECTION IN EUROPE---- GERMANY.
O FFIC IA L S IN T H E FA C T O R Y IN S P E C T IO N D E P A R T M E N T O F P R U S S IA , 1912 A N D 1913.
1912
1913
N um ber of d istric ts..................................................................................................................................
34
37
State and in d u strial councilors (heads of c irc u its)..........................................................................
A ssistants to a b o v e..........................................................................................................................., .....
D istrict in d u strial inspectors...............................................................................................................
Male assistants (in d u strial assessors).................................................................................................. '
Fem ale assistan ts.....................................................................................................................................
33
9
180
92
14
35
9
187
93
18
328
342
T o tal.................................................................................................................................................
The whole service is divided into the following four grades: State
councilor, industrial inspector, industrial assessor, and industrial
referendar. The industrial inspector who has charge of a district
usually bears the title of industrial councilor because he is a member
of the government council of his administrative district. It is from
the rank of the industrial councilors that the chiefs of each government circuit are recruited.
An industrial assessor is an inspector who has been permanently
appointed, and is assisting the district inspector in his work.
An industrial referendar is a probationary inspector who may or
may not eventually remain with the service. -When an industrial
referendar is permanently appointed he becomes an industrial assessor
and remains such from five to more years, when he becomes an indus
trial inspector. He is then given charge of a district or remains as
an assistant in another district.
According to a recent decree industrial inspectors in Prussia are
given authority to issue certain orders relating to compliance with the
Industrial Code which heretofore have been issued by the local police
authorities of that country. The following extract relating to this
decree is from an article in Soziale Praxis of January 22, 1914:
Increase in the authority o f industrial inspectors in Prussia
.*
According to article 139b, paragraph 1, of the Industrial Code,
industrial inspectors are on principle in the exercise of factory inspec
tion given “ all the official rights of the local police authorities.” In
Prussia, however, the issuance of certain orders relating to compli
ance with provisions of the Industrial Code as well as the reporting of
contraventions of these provisions to the state’s attorney has up to
the present time been a part of the duty of the police authorities.
This has now been changed. A decree issued by the Minister of the
Interior conjointly with the Minister of Commerce and Industry
( Ministerialblatt der Handels-und Gewerbeverwaltung, vol. 14, No. 1,
Jan. 10, 1914) declares, that it seems necessary “ not to withhold any
longer from the industrial inspectors the exercise of the authority to
issue independently the orders designated in articles 120d, 120f,
1 From article “ Erweiterang der Befugnisse der Gewerbeaufsichtsbeamten in Preussen,” in
Praxis,” vol. X X I I I , No. 17, p. 47, Berlin, January 22,1914.
(tSoziale
140
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
paragraph 2, and 137a, paragraph 3, of the Industrial Code granted
them by article 139b, paragraph 1, of this code.
Article 120d authorizes the inspectors to issue orders in individual
establishments relating to the execution of those measures which are
required for the carrying out of the principles contained in articles
120a, b, and c (art. 120a, protection of life and health of factory
workers; art. 120b, maintenance of good morals and decenc}r; art.
120c, special protection of workers under 18 years of age), and seem
practicable according to the nature of the establishment. Article
120f, paragraph 2, grants authority to issue for establishments in
which, through excessively long hours of labor, the health of work
men is endangered, orders regulating the duration, beginning, and end
of the legally permissible hours of labor and rest periods. Article
137a limits the giving out of work to be taken home for female and
j uvenile workers.
The ministerial decree provides, therefore, that article 8 of the
service regulations of March 23, 1892, for industrial inspectors be
amended as follows:
Industrial inspectors upon finding during their inspections objectionable conditions,
shall as a rule at first attempt to bring about their removal by means of friendly remon
strance and suitable advice. If this method is unsuccessful or if means of compulsion
seem required from the beginning, the industrial inspectors shall themselves by means
of a police decree and with explicit reference to articles 120d and 139b of the Industrial
Code, order the carrying out of the measures which seem required for the enforcement
of the provisions contained in articles 120 a, b, and c of the Industrial Code and according
to the nature of the establishment seem practicable. * * * The decree is to be
transmitted to the owner of the establishment by mail with return receipts. A copy of
the decree shall also be sent to the local police authorities, and if issued in order to
prevent accidents, also to the trade accident association to which the establishment
belongs.
The industrial inspectors, if they deem it necessary, shall likewise independently
issue the orders designated in article 120, paragraph 2, and in article 137a, paragraph 3,
of the Industrial Code.
If the industrial inspectors establish a legally punishable contravention of pro
tective labor provisions they shall, unless special circumstances in an individual case
require more lenient treatment, see to it that punishment is meted out. In case of
contraventions punishable according to article 146 of the Industrial Code, they shall
place information and a request for punishment with the first state’s attorney of the
proper superior court (Landgericht), and in case of contraventions punishable according
to articles 146a to 150 of the Industrial Code, with the state’s attorney of the proper
district court and request transmittal of a transcript of the court decision. In each case
in which they have requested criminal procedure, industrial inspectors must forward
a copy of this request to the local police authorities.
If in the case of contraventions punishable as misdemeanors according to articles 148,
149,150, and 150a of the Industrial Code, it is to be supposed that a fine of not more than
30 marks ($7.14) or imprisonment for not more than three days will be in question, and
that the determination of the fine or sentence is most suitably left to the police authori
ties, the industrial inspectors shall not report these contraventions to the state’s
attorney but to the local police authorities.
We consider this modification of the rights of industrial inspectors
as very gratifying. The industrial inspectors are without doubt, by
their professional training and official position, far better able to judge
the necessity and practicability of the protective labor provisions
enumerated in the decree than are the police authorities. The nec
essary consequence of this fact is that the issuing of orders in pur
suance of these provisions and the reporting of contraventions must
be placed in the hands of the industrial inspectors. The decree of the
Minister of Commerce and Industry and the enlargement and strength
ening of the official rights of the industrial inspector provided in it
FACTORY INSPECTION IN EUROPE---- GERMANY.
141
will result in a more pertinent, prompt, and effective enforcement of
some highly important protective labor provisions of the Industrial
Code.
,
Salaries com pensation, etc
.
The industrial inspectors of all grades and classes are incorporated
in the bureaucratic hierarchy of the Prussian Government, and each
grade corresponds to the grade in which a number of officials of the
same rank in other departments also belong. For instance, the indus
trial assessors belong to so-called fifth rank of the higher officials,
while the industrial referendars belong to the second class of the
middle officials.
The salaries of the various grades of inspectors are as follows:
1. Industrial referendars receive no salary.
2. Industrial assessors receive 2,700 marks ($642.60) the first
year, 3,075 marks ($731.85) the second year, and 3,450 marks ($821.10)
the third year.
3. Industrial inspectors receive 3,000, 3,600, 4,200, 4,800, 5,400,
6.000, 6,600, and 7,200 marks ($714, $856.80, $999.60, $1,142.40,
$1,285.20, $1,428, $1,570.80, and $1,713.60).
4. The state and industrial councilors receive 4,200, 4,800, 5,400,
6.000, 6,600, and 7,200 marks ($999.60, $1,142.40, $1,285.20, $1,428,
$1,570.80, and $1,713.60).
The salaries of the inspectors range therefore from 2,700 marks
($642.60) to 7,200 marks ($1,713.60). Besides the salary, inspectors
of various grades receive certain sums for their expenses. Industrial
inspectors in charge of an office get 3,000 marks ($714) a year for the
expense of office rent, traveling, and all office expenses including the
hiring of clerks. Besides they receive 300 marks ($71.40) for each
assistant they have in their office. The district inspector pays his
own office rent and pays for the hire of his clerks.
The salaries of the clerks in the industrial inspection are very low,
and according to a petition which these clerks have lately presented
to the Government, their condition is very bad on acount of their
low salaries. “ Of 66 employees, 8 received from 40 to 50 marks
($9.52 to $11.90) per month. Clerks between 30 and 50 years of age,
and who were in the service for 8 years got from 70 to 80 marks
($16.66 to $19.04) monthly.” 1
The industrial assessors get from 900 to 1,200 marks ($214.20 to
$285.60) for all their expenses in addition to their salaries. The
industrial councilors and state councilors, who have official visits to
make, are allowed traveling expenses which amount to their railroad
fare and to 15 marks ($3.57) a day for the higher officials. The salaries
increase, as we have seen, from year to year until they get to the
1 P etitio n No. 1210, declined Feb. 26,1913.
142
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
maximum. Industrial councilors are entitled to six weeks annual
vacation; inspectors to five, assessors to four, and referendars to
three.
As the inspectors of the factory-inspection department are incor
porated in the Prussian bureaucratic system, they are entitled to and
receive pensions during disability, and after 20 to 25 years of service.
This pension is based upon the salary of the officials, upon their
rank, the number of years in service, and their age at retirement.
The amount of pension varies from one-third to two-thirds of the
salary received at the time of retirement.
The preliminary preparation of a candidate for positions in the
factory department is so long, and the qualifications required from a
would-be inspector are so high, that once inspectors are appointed
their position is practically permanent and is assured for life; and
their tenure of office is secure, while the yearly increment of salary
and promotion go on regularly with the years of service until their
final retirement from service on account of disability, age, or death.
The security of tenure of office is in part a compensation for the small
salaries which officials receive; and there is a saying in Germany wiiich
illustrates this point: “ Die Beam ten haben nichts, aber das haben sie
sicher.” (The officials have nothing, but of this at least they are
secure.)
BADEN.
As an example of a centralized organization quite the opposite of
that existing in the Factory Department in Prussia, we may cite
the Kingdom of Baden.
The inspectorial organization of Baden is strictly centralized,
with one chief who has the title of superior state councilor (O'ber
Regierungsrat) and is the director of the whole factory-inspection de
partment in Baden. The central office is located in Karlsruhe, which
is the seat of the director and of all of his subordinates throughout
the State. Here are located fine offices with clerical help. All the
inspectors report in this office daily, except such inspectors as are
sent out from the central office throughout various districts in the
State. In this office are found an up-to-date card catalogue system,
five clerks, a number of typewriting machines, etc. The annual
budget of the whole department is about 100,000 marks ($23,800).
At the head of the department is the director, Dr. Karl Bittmann,
who has been in the department practically since its inception.
His assistant or substitute is State Councilor Dr. Foehlisch.
The whole inspectorial force consists of 20 inspectors, 2 of whom
are women. Four inspectors assigned to the office have no districts,
but have special functions. Of these four inspectors, one is Indus
trial Inspector F. Holzmann, M. D., who is an industrial physician
FACTORY INSPECTION IN EUROPE---- GERMANY.
143
(Gewerbearzt) . Dr. Holzmann was the first physician to be appointed
as regular inspector and served as such at the beginning of his service,
but later was assigned to such duties as called for special medical
knowledge.
Another of the functional officials attached to the central office
is a woman industrial inspector, Doctor of Jurisprudence Angelica
Siquet, who is said to be the only academically trained woman factory
inspector in Germany. She does not occupy the usual position of
female factory inspectors in other States, but is assigned to special
investigations by the central office.
Besides these two industrial inspectors there are also attached to
the central office one technical assistant for construction and quarries
and one technical assistant, a woman, for home industries. Outside
of these inspectors the State is divided into four districts, but owing
to the comparatively narrow extent of the territory, all districts are
supervised from the central office in Karlsruhe. The district inspec
tors go into the districts for several days a week and return to the central
office for the rest of the week to complete their clerical work. They
do such other work as is necessary. Each of the districts is in charge
of an industrial inspector with a scientific assistant and a technical
assistant. For instance, in the district of Mannheim, Industrial In
spector Dr. of Engineering F. Ritzmann is the district inspector; a
state engineer is his scientific assistant and another engineer is his
technical assistant.
The inspectors hold weekly conferences under the presidency of
the director, and the whole system of inspection and procedure is
uniform and under the direct supervision of the director. A register
of all shops for which the police do the inspection work is kept, and
Dr. Bittmann calculates that about half of the inspectorial work is
done by the police. The police make also two semiannual reinspec
tions throughout the State for gathering the data on the number of
workers, children, etc., in the factories.
The relations with the labor organizations are said to be good;
complaints are attended to promptly, but no educational activities
are allowed to the inspectors. Several inspectors of the trade associ
ations are cooperating with the factory inspectors in the endeavor
to prevent industrial accidents. Notices of violations are sent to
the police for prosecution. Exemptions and exceptions which are
recommended by inspectors are referred to the police.
,
Salaries com pensation, etc.
The inspectors are divided into four grades: (l)Industrial assessors,
(2) industrial inspectors, (3) special inspectors, and (4) supervising
inspectors. Besides their salaries, inspectors receive what is for Ger-
144
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
many a substantial addition, called rent money, and a sum for trav
eling expenses.
The following table shows the sums received by the inspectors of
each grade:1
Salary.
Grade.
F ir s t........................................................................................
Second .................................................................................
T h ird ......................................................................................
F o u r th ....................................................................................
$595.00 to $1,285.20
714.00 to 1,380. 40
833.00 to 1,523.20
1,071.00 to 1,856.40
R ent.
$214.20
249.90
249.90
285. 60
Traveling
expenses.
$83.30
89.25
89.25
119.00
SAXONY.
The organization of industrial inspection in Saxony is somewhat
similar to that of Prussia, although there are present indications of
reorganization by which the department will become somewhat more
centralized. The factory department of Saxony is under the general
direction of the Ministry of Interior and under the immediate super
vision of Dr. Schlippe, who is the central industrial inspector. He
has also assigned to him a substitute or a technical expert in his work
in the ministry. The offices of the central inspector are at the Min
istry of Interior.
The central industrial inspector is a part of the Ministry of Interior
and has supervision over the administration of the labor laws, the
inspection of boilers, the final decisions as to industrial establish
ments, manufacture of explosives, acetylene, inspection of elevators
and hoistways, also supervision over the technical schools in the
Kingdom.
The inspectorial service under the central inspector and his assist
ant is divided into two grades: (1) The industrial inspectors who are
part of each district government and are the technical experts of each
government, as well as the supervisors over the factory inspectors
in their districts, and (2) the factory inspectors and their assistants
in each district.
The higher technical industrial councilors who are attached to
each government district, of which there are five in the Kingdom,
have not only the supervision of the district inspectors, but are
also the advisers of the central government of each district. These
councilors are recruited from the older industrial inspectors, who,
because of their years of service, and because of their technical knowl
edge and experience, are called to these higher positions. As a rule,
each of the five government circuits has not only an industrial coun
cilor but also an assistant. It is characteristic of the. organization
of Saxony that the assistant to the industrial councilor in the super-
1 These figures were supplied by Dr. Bittmann.
FACTORY INSPECTION IN EUROPE---- GERMANY.
145
vision of the whole government circuit is usually a woman, whose
title is “ industrial supervision officer.”
Each of the five government circuits is subdivided into several
districts. The whole Kingdom is divided into 15 inspectorial dis
tricts with about 3,000 establishments and 53,000 workers in each.
Each of the district inspectors, who receives after a certain number
of years of service the title of u industrial councilor,” has, as a rule,
about three assistants. The offices of each district inspector are
usually in Government buildings or in offices which are rented by
the State, which pays all the expenses of the offices, as well as for
the hiring of clerical assistants.
Twice a year the police make a general reinspection of all the indus
trial establishments for the purpose of a census of the working popu
lation.
The industrial inspectors are mostly technically trained men and,
according to the circular of February 11, 1882, the industrial inspec
tors have a right to call in special inspectors trained in chemistry as
additional councilors to the ministry; but lately several chemists
have been appointed as industrial inspectors, so that at the present
time there is no need of the employment of officers outside of the
service. There are no medical men in the service, but the local dis
trict physicians are obliged to participate in the work of industrial
inspection, especially that which refers to the authorization of cer
tain dangerous establishments.
According to the latest report (1912), the force of inspectors con
sists of 66 persons, as follows: (1) Five State and industrial coun
cilors in charge of the five State districts; (2) 15 industrial coun
cilors and inspectors in charge of the 15 districts; (3) 34 industrial
assessors; (4) 6 women inspectors; and 6 chemical experts. In July,
1913, three assistants from the working class were appointed. Accord
ing to the latest advices from Saxony, the boiler inspection, which
was until 1913 one of the functions of the industrial inspectors, has
been taken out from their jurisdiction and transferred to the boiler
inspection association.
Salaries, com pensations, etc
.
The salaries of the various grades of inspectors are as follows:
The salaries of the State and industrial councilors in charge of the
five special districts range from 6,900 to 7,800 marks ($1,642.20 to
$1,856.40), and increase 450 marks ($107.10) every year. Besides,
they receive “ rent money,” according to the place of service, from
540 marks to 720 marks ($128.52 to $171.36) per year.
The industrial inspectors in charge of districts receive from 4,800
to 6,900 marks ($1,142.40 to $1,642.20), with an increase of 420 marks.
($99.96) every three years.
32447°—Bull. 142—14------10
146
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
The assistant inspectors receive yearly from 2,400 to 4,200 marks
($571.20 to $999.60), with an increase of 200 marks ($47.60) every two
years.
The industrial inspectors receive “ rent m oney” according to the
place of service, from 540 to 720 marks ($128.52 to $171.36) per year,
while their assistants receive from 450 to 540 marks ($107.10 to
$128.52). These salaries and rental additions do not include traveling
expenses, which are paid extra.
The salaries of the two assistant inspectors in the quarries range
from 1,800 to 2,400 marks ($428.40 to $571.20), with an increase of
150 marks ($35.70) every three years, and with 360 marks ($85.68)
yearly rental addition.
The assistants coming from the working class receive only 1,800
marks ($428.40) a year.
The female inspectors receive a salary ranging from 1,800 to 2,400
marks ($428.40 to $571.20) per year, with an increase of 150 marks
($35.70) every three years, and from 360 to 450 marks ($85.68 to
$107.10) for “ rent money.”
BAVARIA.
The organization of the inspectorial service in Bavaria consists of
42 officers, including the central inspector and the state industrial
physician. The general supervision of industrial and factory inspec
tion in Bavaria is under the jurisdiction of the Ministry of State;
but the immediate supervision of the whole department is in charge
of a central inspector, Superior State Councilor (Oberregierungsrat)
E. Priem.
The whole kingdom is divided into 11 districts. At the head of
each district stands an industrial councilor with several assistants.
All inspectors who have an academic training have the rank of
industrial councilors, all the others being called industrial supervising
assistants, both male and female. The industrial councilors at the
head of each district are also members of the local government of
each district. They have, with one exception, their offices in State
buildings.
The district inspectors work independently of the central inspector
or of each other. The assistants in each district work under the
immediate supervision of the industrial councilor. The inspectors
usually have an annual conference with the central inspector at the
Ministry of State.
There are six women inspectors in the various districts who mostly
are assigned to work in the inspection of home industries and of those
factories where a large number of women are employed.
Since 1909 there has been appointed a physician who has the title
of state industrial physician (.Landesgewerbearzt). He is assigned to
FACTORY INSPECTION IN EUROPE---- GERMANY.
147
the central office at the Ministry of State, and has supervision of the
medical functions connected with the work of industrial inspection.
The present occupant of the office, Dr. F. Koelsch, is well known
as an authority on industrial hygiene. The work of Dr. Koelsch is
referred to on page 159.
WURTTEMBERG.
According to the report for 1912 from Wurttemberg there were then
19 persons in the industrial inspection department; four were indus
trial inspectors and heads of each of the four districts into which the
Kingdom is divided, seven were industrial assessors, five were indus
trial assistants, and three were women assessors. In this State there
is a combination of the centralized and decentralized organization.
There is in Stuttgart a central commission for industry and com
merce, of which all the industrial inspectors are members, and under
the supervision of which they work. All the work throughout all the
districts is under this central authority. However, each district
inspector is independent and has full charge of the assistants under
him. The assistant inspectors who are academically trained are
called industrial assessors, and those coming from the working class
are called assistants to the industrial inspectors.
Through the central commission all the inspectors come in close
contact with each other for frequent conferences, which lead to a
more uniform procedure in their work of inspection, as well as in
their clerical work.
HESSE.
The State of Hesse is divided into five districts, each presided over
by an industrial councilor, of whom there are five. These five
industrial councilors are assisted by five industrial assistants, of whom
two are women, and five come from the working class; so that the
entire force of the industrial inspection department of the State
consists of 15 persons.
OTHER STATES.
Of the other German States the latest reports of 1912 give the
following numerical data:
nr 1 1 x.
c< l.
*
fl industrial inspector.
Mecklenburff-Scnwerin..-..................- --L
•^
,
(1 assistant inspector.
fl industrial inspector.
Saxe-Weimar__________ ________________<1 assistant inspector.
tl female assistant inspector.
Mecklenburg-Strelitz.................... ............ 1 industrial inspector.
{2 industrial inspectors.
Oldenburg................... .............................. <2 assistant inspectors.
[ l female assistant inspector.
148
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Brunswick............................
Saxe-Meiningen....................
Saxe-Altenburg....................
Saxe-Coburg-Gotha..............
Anhalt...................................
Schwarzburg-Sondershausen
Schwarzburg-Rudolstadt. ..
Waldeck................................
Reusz-Greiz..........................
Reusz-Schleiz.......................
Schaumburg-Lippe..............
Lippe.....................................
Lubeck.......... ......................
Bremen.................................
Hamburg...............................
Alsace-Lorraine....................
1 female assistant inspector.
[1 industrial councilor.
|2 industrial inspectors.
[1 industrial inspector.
[1. female assistant inspector.
1 industrial inspector.
1 assistant inspector.
{
1 female assistant inspector.
Jl industrial inspector.
(1 female industrial inspector.
1 industrial inspector.
1 assistant inspector.
{
1 female assistant inspector.
1 industrial inspector.
1 industrial inspector.
2 industrial inspectors.
1 industrial inspector.
j l industrial inspector.
[2 male assistant inspectors.
1 industrial inspector.
1 industrial inspector.
1 industrial inspector.
■2 industrial inspectors.
•3 assistant inspectors.
.1 female assistant inspector.
2 industrial councilors.
4 industrial inspectors.
3 assistant inspectors.
2 female assistant inspectors.
6 industrial inspectors.
2 assistant inspectors.
{
PERSONNEL, QUALIFICATIONS, AND CIVIL SERVICE EXAMINATIONS.
Keference has already been made to the fact that the first factory
inspectors appointed in 1853 had no special qualifications for their
positions, and that only with the appointment of the subsequent
factory inspectors in the early seventies has an attempt been made
to limit the appointment of factory inspectors to those who have
special technical training.
The main arguments of the advocates for the limiting of factory
inspection to specially appointed officials were the lack of knowledge
and general education on the part of the police officials who were
hitherto in charge of the administration of the labor laws. With the
extension of the scope of factory inspection to matters affecting life
and health, it became necessary to select the inspectors from a class
of persons who had some previous technical training and education.
At first the appointments were made without regard to any exami
nation, the ministers appointing those persons whom they thought
specially qualified for the positions. After 1891, when industrial
inspection was reorganized and the provision in the Industrial Code
FACTORY INSPECTION IN EUROPE---- GERMANY.
149
for each State to issue special regulations ior the service of the inspec
tors and their qualifications, it became necessary to set some stand
ard for the inspectorial personnel.
Only in Prussia and Saxony, however, do we find detailed pro
visions for the selection of the personnel of the industrial inspection
department. The other States, so far as could be ascertained, have
no special rules and regulations.
The present methods of selecting inspectors for the industrial
inspection department in Prussia are based upon an order of the
Minister of Commerce and Industry, dated Berlin, September 7,1897,
and also an order of the same minister of November 13, 1897, with
several amendments to these former orders, dated January 20, 1904,
January 25, 1904, and May 15, 1907.
The requirements from candidates for inspectorial service are the
following:
1. A certificate of graduation of nine classes of gymnasium, or what
is called in German “ reifezeugnisz” (certificate of maturity).
2. A certificate of a district physician that the applicant is in good
physical health and is free from physical defects.
3. Proof of at least three years technical study in a German high
school.
4. At least 1J years of study of law and political sciences.
The above are the absolute requirements for candidates before they
are allowed to compete for the position of probationary inspector.
If the candidate satisfies the above requirements then he is subject
to two examinations and to a period of probationary work in the
industrial inspection department. The two examinations are re
spectively at the beginning of his probationary term of service and
at the end of the probationary term of service.
The first examination is equivalent to the following diplomas, which
may be presented in lieu of the examination: (a) Diploma of quali
fication as State engineer in the construction of machinery; (b) diploma
of a mining engineer or technical engineer certifying that candidate
is a graduate of a mining academy or other Prussian technical high
school; (c) a doctor’s degree at a Prussian university when chemistry
was the principal subject taken in examination; and (d) a diploma
of chemist at a Prussian technical college. The candidate then
makes an application to the Ministry of Commerce and Industry,
giving a detailed history of his life and work until the time of his
application. These applications remain in the hands of the Minister
of Commerce and Industry until such a time as there are vacancies
for the appointment of assistants in the industrial inspection depart
ment. When such vacancies occur, the minister usually confers
with the inspector of the district in which the vacancy exists and
selects from the list of applicants the man who by his history and
150
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
qualifications seems to them the best fitted for the position. There
is really no competitive examination for selection of the various
candidates. The minister has a right to select anyone he deems best
fit. In this respect, it is of course possible for a candidate to exert
some political influence, or as one inspector expressed himself, “ It
doesn’t do any harm to be a protege or a relative of a deputy of the
Reichstag, especially if this deputy happens to belong to the party
of the center.”
After the candidate is selected he is assigned to a district inspec
tion office and begins his probationary period of service.
Probationary period.
The probationary period lasts 18 months. During the probation
ary service, a candidate, or as he is officially called, industrial referendar, is under the immediate supervision of an industrial assessor
or inspector, who acts as his preceptor, and who directs the candidate
in pursuing his studies and work. The service consists (1) in an
assignment to the keeping of the daybooks and other registers in
the office, and as assistant in the correspondence with the various
officials and with the employers, etc. During all his probationary
service the referendar must keep a detailed account of all his work
and report monthly upon this to his preceptor, which reports are
filed by the district inspector.
The general plan of the preparation of the referendar is under the
supervision of the state and industrial councilor, who reports to the
state president of the circuit.
(2) During the term of service the referendar is taken by his
preceptor to various industrial establishments, and shown the meth
ods of work and inspection; he is also shown the different industrial
conditions. The preceptor is instructed by the rules to confer fre
quently with the referendar upon technical questions, to require him
to make sketches of machines and apparatus, and in general to con
vince himself of the progress in knowledge and experience on the
part of the referendar.
The referendar may be assigned to work in other districts, if this
is deemed beneficial for his study of industrial conditions. During
the same period the referendar may, with the approval of his supe
riors, make study travels for a period not exceeding; three weeks,
and must give detailed report of his studies to the industrial inspector
having charge of his practical education.
(3) During the last three months of his probationary period the
referendar may be appointed as assistant to the inspection bureau,
in order to learn the routine of work of inspection in its relation
with the Government. He must participate in the conferences of
FACTORY INSPECTION IN EUROPE---- GERMANY.
151
the district government and when necessary prepare reports before
these conferences.
During all this period the referendar does not receive any salary
whatever, except his traveling expenses. If the referendar is found
to be lacking either in physical qualities or in diligence or interest in
the service, then the Minister of Commerce and Industry may, on
the report of the government president terminate his service.
(4) At the end of his probationary period the industrial referendar
must prove his ability by “ higher grade probationary work ’ 1 (:grosserer
probearbeit) . This consists of a report upon a theme which is given
to him by the state and industrial councilor and is based upon his
experience in industrial inspection in the district where the referendar
served his probationary term. For the purposes of the thesis he may
prepare an important report. The thesis must be written without
the assistance of outsiders, and is passed on by the state and indus
trial councilor. It is then presented to the president of the circuit
government. Should the thesis prove unsatisfactory, the industrial
referendar may get an extension of six months to prepare another
thesis. Should even then the work not be satisfactory, the matter
is reported to the Minister of Commerce and Industry, who may
either extend the probationary period for six months more or order
the candidate’s dismissal.
(5) After the successful termination of the probationary period
with the presentation of an approved thesis, the industrial referendar
must undergo an additional preparation by attending a German high
school for at least three semesters. Here he must study law and
political sciences, paying special attention to industrial administra
tion, industrial hygiene, and welfare work. For this purpose he may
receive a leave of absence by the government president.
(6) After completing his studies, the referendar may be admitted
to the second principal examination. His leave of absence for study
may be extended for six months. Referendars who show that they
have completed at least three semesters of study on the same subjects
before their probationary service may be allowed to compete tor
the second examination immediately after the expiration of their
probationary service; or, if it is proven that the study has been
completed in a shorter period, the allotted time of three semesters
m aybe cut down.
Application for the entrance to the second examination is to be
made not later than three and one-half years after the entrance of
the referendar to his probationary service, unless this time is extended
by the Minister of Commerce and Industry.
152
BULLETIN OF THE BUREAU OP LABOR STATISTICS.
Second m a i n exam ination
.
The second main examination which the referendar is subjected
to is both oral and written. The examination is conducted by a
board of industrial supervising officials in Berlin, appointed by the
Minister of Commerce and Industry.
The written examination consists of problems (Aufgaben) on the
administration of the Industrial Code and of political science and
administration. The questions are given by the chairman of the
examining board; the candidates are given six weeks’ time in which
to answer the questions. This period may be extended to two
months. At the end of this term the candidate must present his
answers with the assurance that he has had no outside help in their
preparation. The answers are presented to the examining board,
each member of which must note his opinion when passing judgment
upon the papers. Consideration must be given to the scientific
conception, the conciseness, clearness, grammar, logic, and good
German in which the work is expressed.
The oral examination consists of questions intended to test ability
to determine and solve technical problems in actual service. Special
attention is paid to the technical scientific training of the candidate
and his practical experience in those branches which the candidate
has been taught during his probationary service. The examination
must also determine how far the candidate is conversant with the
constitution of the German Empire, the Prussian State administra
tion, and the extent as well as practical administration and enforce
ment of industrial supervision.
The examiners are required to determine whether the candidate
has a thorough understanding of the methods of safeguarding
machinery, of the principles of construction of factories and work
shops, methods of heating, ventilation, and removal of dust. He
must also possess a knowledge of the ordinary methods of prevention
of accidents, the prevention of dangers to health which are found in
various industries, and of dangers of certain industries to their imme
diate neighborhood. Of course, a thorough knowledge of the Indus
trial Code, as well as of the Workmen’s Insurance Code, is absolutely
required.
The candidate must pay before the application for the second exam
ination a fee of 50 marks ($11.90) for the examination. If such
examination is repeated, he must pay again.
After the candidate has passed the ordeal described above, the
Minister of Commerce and Industry appoints him as industrial assessor,
and as such he is assigned to work in an industrial district, in which he
usually remains about two years. Every two years or more he is sent
to other districts with different industrial conditions, and after a cer
tain number of years of service— which is very seldom less than five,
FACTORY INSPECTION IN EUROPE---- GERMANY.
153
or may reach ten—is appointed as an industrial inspector and given
charge of a district. Once a man is appointed industrial inspector,
his tenure of office is secure; fines or charges are hardly ever made
against him, and no inspector has ever been discharged.
With a preparation so long, so arduous, so important, and so
thorough, there is all probability that- a candidate by the time he
becomes an assessor is thoroughly imbued with the importance of the
service, regards it as his lifework, and is not likely to willfully commit
any errors or indiscretions which would nullify all his previous pre
paratory work.
No special preparation is required from the women assistants, who
are appointed by the Minister of Commerce and Industry on the
recommendation of the state industrial councilors. Most of the
women are appointed from the rank of those who have served as fore
women in large industrial establishments, and who also have certain
educational status.
The only other German State that has regulations as to the quali
fications, the previous study, and the probationary term of inspectors
is Saxony. The requirements do not differ much from those described
in Prussia. The State of Saxony, however, is more liberal, in that
it allows the salary of 2,400 marks ($571.20) to the referendar instead
of compelling him to work without a,ny salary, as is the case in Prussia.
This, as was explained by Privy Councilor Schlippe, the head of the
department, is due to the fact that it is quite difficult to find the
proper persons to compete for the examinations without the candidates
being paid during their probationary service.
Neither in Saxony nor in Prussia, nor anywhere else in Germany,
does the fact that the industrial inspector needs such a long and
thorough preparation before he may become an inspector excite much
attention. Indeed, most of the persons interviewed stated that in
the medical service or in the service of law or other branches of State
service, the preparation is the same, if not longer and more difficult,
and that as a rule the young men of Germany are willing to undergo
this ordeal, and are prepared to pay for it with their study and prepa
ration and enter into service when they reach the age of 26 to 30 years.
The appointment of assistant inspectors from the laboring class is
usually made without special examination, and the appointments are
made by the Minister of Commerce and Industry on the recommenda
tion of the president of the government circuit. Only workers who
are known to have conservative tendencies are appointed, and it is not
likely that a member of the Social Democratic Party would be ap
pointed as assistant inspector. No special examination is held; but,
. of course, some technical knowledge and many years of experience in
work in factories is required from the candidates for such assistant
inspectorship.
154
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
WORK AND METHODS OF INSPECTION.
W ORK OF INSPECTION.
There is a great deal of work connected with the administration of
the labor laws other than the mere inspection of the factories and
workshops. This work consists in interviews with employers and
workers, the conduct of the office and the office correspondence, gen
eral inquiries and investigations, inspection on complaints, investi
gations of accidents, investigations of plans upon which application
is made for authorization of new establishments, expert testimony
before court, acting as witnesses in prosecutions, participating in the
deliberations of the various government bodies, and kindred work.
The mere number of inspections, therefore, can not serve as a criterion
either of the amount of work accomplished by the industrial inspectors
or of the efficiency of their work.
The mere area of the country is not of so much consideration as the
number and character of the industrial establishments which are under
inspection. Of course where the territory to be traversed by the
inspector is too big much time is wasted in traveling from one place
to another.
The account of the work accomplished by the industrial depart
ment of each State is based upon the returns of the chief factory in
spectors for 1912, which are shown in the report “ Jahresberichte der
Gewerbe— Aufsichtsbeamten und Bergbehorden fur das Jahr 1912.
Amtliche Ausgabe. Band I-IV . Berlin, 1913.”
As far as the number of inspections in 1911 is concerned, w^e have
some comparative data in a report by the chief factory inspector of
Baden, for 1912.1 According to this report, the number of inspec
tions increased from 1907 to 1911, as per the following table:
W O R K O F F A C T O R Y IN S P E C T O R S , B Y S T A T E S , 1907 A N D 1911.
Inspections.
States.
Establish
m ents
to be in
spected by
each in
spector
in 1911.
Average Inspections
per 100
num ber of
inspections establish
m ade by m ents su b
each inspec ject to in
tor in 1911. spection,
1911.
1907
1911
....................................................................
Prussia
B av a ria .........................................................................
Saxony
....................................................................
W iir ttem berg..............................................................
B aden............................................................................
Hesse.............................................................................
Alsace-Lorraine..........................................................
109,361
14,954
22,291
13,115
4,821
6,930
2,899
126,682
20,928
25,025
14,675
10,465
10,265
5,995
660
1,332
659
812
1,142
636
1,065
392
599
424
734
747
684
545
59.4
44.9
64.4
90.4
65.4
107.6
51.2
Total in German S tates.................................
182,983
229.959
728
432
59.4
1 Jahresbericht des Grossherzoglich B adischen Gewerbeaufsichtsam tes fa r das J a h r 1912. K arlsruhe,
3,913.
155
FACTORY INSPECTION IN EUKOPE---- GERMANY.
Prussia.
In the 34 industrial circuits of Prussia in 1912 there were alto
gether 169,606 industrial establishments with at least ten workers in
each. In these establishments 3,579,771 persons were working, the
sex and age grouping of whom were as follows:
N um ber.
Male adults.................................................................... 2,621,613
Female workers over 21 years.....................................
398, 404
Girls between 16 and 21 years.....................................
282, 227
Girls between 14 and 16 years....................................
90, 375
GMs under 14 years.....................................................
1,102
Boys between 14 and 16 years....................................
184, 003
Boys under 14 years.....................................................
2, 047
P er
cent.
73.23
11.13
7. 88
2. 52
. 03
5.14
. 06
The following figures give the number and frequency of the inspec
tions that w^ere made in the 34 districts in 1912:
Inspections made........ . ................................................................... 129, 252
Night inspections..............................................................................
2, 462
Sunday and holiday inspections.....................................................
4, 048
Establishments inspected once.......................................................
79, 386
Establishments inspected twice...................................................... 12, 395
Establishments inspected three or more times.......1.....................
5, 881
Inspections on reports of accidents................................................
15,127
Dividing the 144,379 inspections made during 1912 by the 180 dis
tricts, it will be found that an average of over 802 inspections were
made for each of the 180 districts, which, of course, shows only a part
of the work that has been done in the district. Besides, the police
authorities are obliged to make a semiannual inspection of all the
establishments, and therefore must have made at least 339,212 inspec
tions during 1912, being twice the number of establishments as
shown above. The inspections made by the police are mainly for
the purpose of gathering data relating to the general character of the
establishments and to the number of workers of various ages.
Of the 169,606 establishments, inspections were made of only
86,509, or 51 per cent. The establishments, however, which were
inspected were of great importance so far as the number of workers
is concerned, as 84.5 per cent of all the workers in the State were
employed in these establishments. Of the establishments in which
children, young persons, and women were employed, there were
inspected establishments with 79.5 per cent of all the female children
under 14 years, 85.1 per cent of all the male children under 14 years,
79.1 of all the female children between 14 and 16 years, 82.4 of all the
male children between 14 and 16 years, and 83.8 per cent of all women
employed in establishments.
In the number of factories which have been referred to in the above
table are not included those under special rules and regulations,
according to article 120e of the Industrial Code. Of these there were
156
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
altogether 75,713 establishments employing 173,401 workers, 11,143
(with 26,554 persons employed) of which were inspected. The
number of inspections was 12,357. Therefore inspection was made
of less than 15 per cent of all such factories.
The following table gives the number of violations found in 1912 in
relation to the work of women in industrial establishments. Viola
tions were found in 3,671 establishments and 727 persons were pun
ished for such violations.
V IO LA T IO N S
OF
LAW
R E L A T IN G TO E M P L O Y M E N T O F W O M EN IN IN D U S T R IA L
E S T A B L IS H M E N T S O F P R U S S IA , 1912.
V iolations of law relating to—
Posting of n o tices.....................................................................................................
H ours of la b o r....................................................................................................................
N oon re s ts ...........................................................................................................................
E m ploym ent on Saturday afternoons and on eve of h o lid ay s.............................
N ig h t w o rk .......................................................................... - ............................................
M inimum u n in terru p ted rest
...................................................
E m ploym ent before or after c h ild b irth ....................................................................
Giving w ork to be taken h o m e................................................................................
N um ber of
violations.
2,545
3,28
4 22
908
105
17
5
9
Em ployees
involved.
2,278
3,053
6,181
623
95
5
44
The following table gives the number of violations of the provisions
relating to young persons and children working in industrial estab
lishments. Violations were discovered in 5,858 establishments and
1,288 persons were punished therefor.
V IO L A T IO N S OF LA W R E L A T IN G TO E M P L O Y M E N T O F Y O U N G P E R S O N S A N D C H IL
D R E N IN IN D U S T R IA L E S T A B L IS H M E N T S O F P R U S S IA , 1912.
Violations of law relating to—
N um ber of
violations.
Em ployees
involved.
W ork books ..
............................................................................................................
1,887
Registers and notices
..................................................................................
3,722
Exclusion of children ...................................................................................................
417
189
H ours of labor:
Young persons............................................................................................................
408
1,096
C hildren........................................................................................................................
234
289
2,652
558
R est periods........................................................................................................................
306
N ig h t w o rk . . .
............................................................................................................
90
18
M inim um u n in terru p ted r e s t .......................................................................................
53
138
E m p lo y m en t on Sundays and holidays......................................................................
247
The following gives the number of permits for overtime work on
week days, except Saturdays, for adult female workers:
Number of establishments in which overtime work was permitted...........
2,238
Number of permits by higher administrative authority...............................
353
4, 387
Number of permits by lower authorities (police)..........................................
Number of permits according to hours overtime permitted:
One hour or less..........................................................................................
2,125
Over 1 hour to 1J hours.............................................................................
873
Over 1J hours to 2 hours...........................................................................
1, 565
Over 2 hours...............................................................................................
177
Number of women for whom overtime work was permitted........................
172, 427
Number of days for which overtime was permitted.............................. 40, 022
Number of applications for permits for overtime work rejected..................
264
Total number of permitted hours of overtime work...................................... 2, 529,155^
157
FACTORY INSPECTION IN EUROPE---- GERMANY.
Besides the above there were also given permits to 2,447 women
in 1,650 establishments to work 59,911^ hours overtime on Saturdays.
The industries having the largest number of estabhshments to
which permits for overtime work on week day's (except Saturdays)
Were given, and the number of workers for whom permits were given
as well as the number of hours of overtime worked in the different
industries are the following:
N um ber of
establish
m ents.
Industries.
T e x tile s ....................................................................................................
Clothing.....................................................................................................
F o o d ..........................................................................................................
Cleaning .................................................................................................
P a p e r.........................................................................................................
585
640
241
223
144
W orkers.
50,589
37,936
32,018
23,817
7,587
H ours of
overtim e
w orked.
7 61 ,0 27 |
3 2 3 ,0 3 3 ^
873,707-H
209,667i
1 0 3 ,3 0 5 ^
The following permits for overtime work were given for Sunday
and holiday work, according to article 105f of the Industrial Code:
Number of establishments in which Sunday work was
allowed...................................................................................
1,479
Number of workers affected.....................................................
104, 267
Number of hours permitted.................................................... 1, 348, 228x1
The tables upon which the above data are based are found at
the end of the yearly report of the Prussian state and industrial
councilors for 1912. These tables give a resum6 of the individual
work of each government circuit. The body of the report consists in
separate reports for each government circuit. The report is divided
into the following sections:
1. The number of establishments and workers, young persons,
children, etc.
2. The protection of workers against dangers, which includes
a report of accidents as well as dangerous trades.
3. The economic and moral conditions of the working population.
Bavaria
.
In the Kingdom of Bavaria in 1912 there were 11 districts, and
the whole inspectorial service consisted of 42 officials. There were
altogether 113,904 establishments with 767,446 workers. Of these
there were 10,675 establishments with at least 10 persons regularly
at work, and with a total number of 553,230 workers.
The total number of inspections was 24,925. Inspection was
made of 21.2 per cent of all the existing estabhshments with 63.2
per cent of all workers employed. Of the estabhshments inspected
48.26 per cent were estabhshments with 10 workers or more, in which
there were 74.4 per cent of all the workers employed in the State.
There were 256 night inspections made and 532 Sunday and holiday
158
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
inspections. For each of the 35 working inspectors empk^ed in 1912
there wTere made 712.1 inspections in 689.9 establishments with
13,869.7 workers. There were 735 accidents investigated; 2,7221days were spent in traveling by inspectors; in 90 cases inspectors
were required to appear in courts. The five women inspectors
made 5,197 inspections and traveled 441 days.
The report of the chief inspector also shows that in 1911 there
wrere made and investigated 892 applications for authorization of
new establishments under articles 16, 24, and 25 of the Industrial
Code; and in 1912 5,452 applications for license and construc
tion of new establishments were submitted to the industrial coun
cilors. The total number of workers in the State in 1912 was
found to be 767,446, of whom 58,605 were male young persons, and
19,835 were female young persons. The chief inspector estimates
that there are 14,000 male home workers and 26,000 female home
workers in the State. Violations of provisions relating to female
workers were discovered in 3,071 cases, of which 48.9 per cent were
for violations of the provisions for registers, notices, etc.
The number of young persons working in industrial establishments
was 78,440, or 10.2 per cent of the total number of workers. The
industries in which the largest numbers of young persons were found
are the clothing industry, with 12,304 persons; the metal industry,
with 11,245 persons; and the food industry, with 9,433 persons.
According to the report, there was an increase since 1911 of 1,781
children working between 14 and 16 years of age, but there was a
decrease of 248 children working under 14 years of age.
There were 6,125 violations found against the provisions for
employment of young persons, or 529 less than in 1911; but again,
most of the violations, or 74.2 per cent, were for violations of such
provisions as those relating to work books, registers, certificates,
and notices.
As to employment of children, the report says as follows:
The enforcement of the law in relation to child labor in industrial
establishments is not as yet a satisfactory one. Although, according
to the statistics of the school authorities, there are 6,000 to 7,000
children employed at labor, the number of new work; certificates
issued is remarkably small. Illegal employment of children is still
very frequently found. In 50 cases a fine of 1 to 35 marks [$0.24 to
$8.33] was imposed. It is hoped that a more strict supervision of
home work will lead to improvement in the condition of children
employed in home industry.1
During the year 21,729 accidents were reported. Of these accidents
there were 159, or 0.7 per cent, of fatal accidents; 890, or 4.1 per
cent, of severe injuries; and 18,728, or 86.2 percent, of slight inju
ries. The industries in which the largest number of accidents occurred
1Jahresberichte der Koniglich Bayerischen Gewerbeaufsichtsbeamten, 1912, p. XXV.
FACTORY INSPECTION IN EUROPE---- GERMANY.
159
are the building trades with 24.8 per cent, the machine industry with
21.7 per cent, the food industry with 11.5 per cent, the metal indus
try with 9.8 per cent, and the wood industry with 8.2 per cent of the
total number of accidents.
As a result of the visits of the inspectors, 14,633 orders were issued,
relating to the following:
Construction, etc.................................................................................. 1,651
Fire prevention, etc.............................................................................
800
Boilers, etc............•
............. .................................................................
303
Motors, machines, etc..........................................................................
653
Belts, shafts, flywheels, etc................................................................ 2, 971
Safeguarding of machinery.................................................................. 3, 639
Elevators and hoistways......................................................................
990
Stone quarries and excavations.......................................................... 1,012
693
Protection of workers during construction..................................... .
Personal equipment of workers..........................................................
685
Others.................................................................................................... 1, 236
The report mentions also the imprisoament for one week of two
workers who were, by their negligence, responsible for the death of
a bricklayer. There were 5,760 orders made in relation, to sanitary
conditions, as follows:
Orders relating to location, construction, maintenance, and clean
ing of workrooms.............................................................................. 1, 382
Air space and ventilation....................................................................
376
Heating and illumination....................................................................
133
Kemoval of dust, refuse, gases, and fumes.........................................
533
Dressing, wash, and bathing rooms....................................................
724
Lunch rooms, restaurants, etc.............................................................
394
Sleeping places.................................................................. ..................
545
Toilets...................................................................................................
544
All others................................ ............................................................. 1,129
There were 26 fines imposed of between 3 and 20 marks ($0.71 and
$4.76) for violations of orders relating to sanitary conditions in
factories.
The Bavarian report also gives a resume of the activity of Dr. F.
Koelsch, who is the industrial physician of the State. This is the
fourth year of his service. This activity manifests itself (1) in con
sultation work, giving advice to the minister and to the industrial
and other inspectors in matters relating to health; (2) in the organi
zation of first aid for accidents in factories; (3) in the investigation of
cases of industrial poisoning; (4) in the'establishment and conduct of
the group of industrial hygiene in the museum of safety; (5) in a
large number of articles and important contributions to the press, part
of which was used as educational matter for instruction of workers,
etc.; for instance, 20,000 copies of an educational pamphlet on pro
tection of the eyes were distributed; (6) a number of special hygienic
investigations were undertaken in the laboratory and in theindus-
160
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
trial establishments, and a large number of analyses made of poisons,
etc., from various establishments. Inspections were also made in 104
establishments. The industrial physician traveled 71 \ days during
the year; he also attended a course of lectures on treatment of acci
dental injuries and industrial hygiene at the Institute of Industrial
Hygiene. A study was also made of occupational diseases in danger
ous trades.
Baden.
The sphere of activity of the industrial inspectors in Baden is some
what wider than in other States. Stone quarries and excavations are
included.in the places which are to be investigated; also protection
against accidents in prisons as well as protection of workers in estab
lishments of the State railroads and the protection of assistants in
commercial establishments, offices, and warehouses. Under the juris
diction of inspectors are also included workers in restaurant and hotel
kitchens and also the numerous moving-picture establishments.
The following table shows the inspection work of the industrial
d e p a rtm e n t of B a d e n in 19 1 2 :
Number of inspectors, including the central .inspector and his
assistant.........................................................................................
18
Inspection of establishments with at least 10 workers and of
those subject to inspection in accordance with article 120a
of the Industrial Code:
16, 642
Number of establishments.......................................................
10,193
Number of inspections made...................................................
Inspections per 100 establishments.........................................
61. 2
Night inspections......................................................................
14
Sunday and holiday inspections.............................................
81
Number of establishments inspected once.............................
8, 852
Number of establishments inspected tv/ice...........................
567
Number of establishments inspected more than twice.........
64
Workers found in establishments inspected........................... 193, 960
Establishments not inspected.................................................
7,159
Per cent of establishments not inspected...............................
43
Workers in establishments not inspected............................... 89,182
Per cent of workers in establishments not inspected............
31. 4
Number of inspections in the home industry, handicrafts, and
the building industry:
Home industry establishments................................................
284
Handwork shops........................................................................
164
New construction......................................................................
293
Stores, offices, and warehouses................................................
40
Establishments of the State railroad......................................
33
Prisons........................................................................................
1
Moving-picture establishments................................................
45
Sand and gravel pits................................................................
165
Other establishments................................................................
4
Total................................................................................
Total inspections in all industries..................................................
1,029
11,-122
161
FACTORY INSPECTION IN EUROPE---- GERMANY.
The total number of days traveled by the inspectors was 1,531.
The industrial inspectors made also 60 investigations on reports of
accidents. Orders were issued for the prevention of influences inju
rious to health, as follows:
Illumination.........................................................................................
Ventilation...........................................................................................
Removal of dust...................................................................................
Removal of smoke, gases, and fumes.................................................
Cleaning of work places, etc...............................................................
Heating.................................................................................................
Removal of inappropriate work places, etc......................................
Establishment and proper maintenance of toilets............................
Establishment, etc., of lunch and dressing rooms............................
Wash and bathing places....................................................................
Overcrowded work places...................................................................
Improvement of bakeries....................................................................
Improvement of living, sleeping, and other conditions..................
Others....................................................................................................
11
31
23
33
445
36
13
196
96
124
4
17
209
68
Total........................................................................................... 1,306
There were 1,413 orders made for the prevention of accidents in
various industrial establishments, and 1,520 orders for the general
protection of workers. There were 138 written complaints received
from workers, 60 of which were from the workers themselves and 78
from labor organizations or their representatives. Besides, 10 oral
complaints were received from workers. Interviews were held by the
inspectors with 234 employers and 16 workers and representatives of
labor organizations. Of the 148 complaints from the working people
55 Were well founded; 34 only partially so; 36 were found with no
cause for action; and in 23 cases decision was still pending.
The inspectors also had 1,595 applications for building permits
submitted to them. Investigations were made by the department
upon the conditions of Italian and Polish workers, the padrone system
as well as the wages paid to these workers.
Hesse.
The five districts into which the State of Hesse is divided have 5
industrial inspectors and 10 assistants, altogether 15 inspectors.
The total number of inspections made in 1912 in Hesse, including
those made in the mines and fisheries, were 12,246, of which there
were 125 night inspections; Sunday and holiday inspections, 226;
establishments inspected once, 5,835; those inspected twice, 1,781;
and those inspected three times or more, 745. There were 46 acci
dents investigated.
Total number of establishments with 10 or more workers.................6, 892
Establishments with female workers over 16 years...................... .....1, 775
Establishments with young persons working................................ .....2, 968
32447°—Bull. 142—14------11
162
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Number of male adult workers........................................................
Number of female workers between 16 and 21 years....................
Number of female workers over 21 years.......................................
Total number of female workers over 16 years..............................
Male children between 14 and 16 years.........................................
Female children between 14 and 16 years.....................................
Male children under 14 years..........................................................
Female children under 14 years......................................................
94,140
10,457
11, 771
22, 228
7, 932
4, 949
27
13
Inspected establishments iviih 10 or more ivorlcers.
Number of inspected establishments.............................................
5, 276
Male adult workers...........................................................................
Female adult workers......................................................................
Male children between 14 and 16 years.........................................
Female children between 14 and 16 years.....................................
Male children under 14 years..........................................................
Female children under 14 years.....................................................
75, 381
19, 955
6, 397
4, 405
11
10
Total number of workers in inspected establishments___ 106,159
Besides, inspections were also made in certain industries for which
special rules and regulations are made according to article 120e of
the Industrial Code. There were 3,583 establishments with 7,679
workers in these industries, and 3,085 estabhshments with 6,510
workers were inspected; a total of 5,155 inspections being made.
Although violations of provisions relating to employment of females
were found in 248 establishments, only 32 persons were fined. Besides,
violations of the provisions relating to employment of young persons
were found in 709 estabhshments and 39 persons were fined.
In the report is also found a table showing the number of own and
other children working in industries, the table being based upon the
reports of school authorities. According to a footnote in the report
the number in this table is exaggerated, and the number of children
illegally employed is much smaller. The table reads as follows:
Total number of public-school children......................................... 213, 312
Own children employed:
From 6 to 10 years of age.........................................................
From 10 to 12 years of age........................................................
Over 12 years of age..................................................................
Other children employed:
From 6 to 10 years of age.............................. ...........................
From 10 to 12 years of age....................................................... .
Over 12 years of age..................................................................
Total number of children employed....................................
446
501
1, 242
104
195
996
3,484
The number of places in which children were found working is 350;
the number of illegally employed children was equal to 0.52 per
cent of the total number of children in schools; and the number of
employed children was equal to 1.6 per cent of the total number of
public-school children.
163
FACTORY INSPECTION IN EUROPE---- GERMANY.
Saxony.
According to a census taken on May 1, 1912, there were in the
Kingdom of Saxony 33,555 establishments with more than 10 workers,
in which there were 806,408 employees. There were also subject to
inspection according to article 120e of the Industrial Code smaller
establishments with less than 10 workers numbering 13,731, with
persons working therein amounting to 37,845. Of the smaller estab
lishments mentioned there were 5,738 hotels, restaurants, and
saloons, with 20,355 workers. There were also 5,610 bakeries and
confectionaries, with 10,130 workers.
The total number of inspections made during the year was 30,119.
Sixty-six per cent of all the establishments, with 85.2 per cent of all
the workers were inspected.
Beside the work of the inspectors, the police authorities made in
spections and imposed fines and penalties as follows:
Inspections. Fines, etc.
In establishments with at least 10 workers......................... 25, 324
In bakeries and confectionaries........................................... 9, 590
In hotels, restaurants, and saloons...................................... 7,419
593
191
267
In, the factories there were found 487,899 male workers over 16
years of age. The report also mentions 236 strikes and 25 lockouts.
In the census taken were found the following figures, which relate
to factories:
Female workers over 16 years......................................................... 248, 663
Young persons................................................................................... 69, 846
Young persons between 14 and 16 years........................................ 67, 016
Children under 14 years...................................................................
2, 830
The industries in which the largest numbers of young persons were
employed are the textile industry, in which there were 23,975 young
persons, or 9.4 per cent of all persons employed in this industry in
Saxony; the machine industry with 12,228 young persons, or 9 per
cent; the metal industry with 7,168 young persons, or 10.7 per cent;
and the clothing industry with 7,110 young persons, or 11.3 per cent
of all employees of this industry in the State.
The number of accidents during the year was 22,899, the fatal acci
dents amounting to 124. In 1,163 cases the industrial inspectors
made investigations. The inspectors made orders numbering 13,830
for the prevention of accidents. The number of orders for the re
moval of influences injurious to health was 4,608. The number of
violations found against the employment of women was 1,598. The
number of violations against child labor was 2,917, of which 1,535
were against provisions relating to keeping of lists and registers,
posting of notices, etc. There were found 1,905 violations against the
child-labor law of March 30, 1903, and 78 fines were imposed.
164
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
The number of permits given for overtime work on week days,
with the exception of Saturdays, was 1,792, and the number of hours
of overtime work, 1,761,215.
M ETHODS OF SUPERVISION AND INSPECTION.
There is no central supervision in Germany by the Imperial Gov
ernment over the administration of labor laws, because this adminis
tration is in the province of each separate State. Within each State
the King or head of the State has the appointive power of State coun
cilors, and the Minister of Interior or of Commerce and Industry has
the jurisdiction over the factory inspection department in the State.
The organization of each factory department differs according to
each State, and therefore the methods of supervision also differ.
Practically in all the States the Ministry of Commerce and Industry
or of the Interior has the appointive power of all the industrial
inspectors and assessors as well as the sole supervision over the
probationary inspectors. To the ministry also are referred impor
tant matters of policy as well as appeals from decisions of the lower
institutions as to the authorization of certain specially regulated
trades. For this purpose there is attached to the ministry an indus
trial councilor or privy councilor who serves in an advisory capacity
and to wdiom matters of importance connected with the factory
department are referred.
The minister also may issue from time to time orders explaining,
amplifying, and interpreting sections of the Industrial Code, or may
determine upon disputed points which come up in the work of
inspection.
In Prussia factory inspection is practically divided into 34 (37 in
1913) separate independent circuits between which there is hardly
any official connection apart from annual conferences which are held
by the circuit industrial councilors. Within each circuit the supreme
supervision over the factory department is in the hands of the State
president (.Regierungs 'president), or the chief bureaucratic head of
the circuit may serve. Sometimes, as is the case in Berlin, this head
of the circuit is the police president.
The offices of the chief inspector of the circuit are in Government
buildings. The clerks doing the work for the industrial inspection
department in each circuit in the Government offices do not belong
to the industrial inspection department, but are a part of the bureau
cratic machinery of the State government.
The chief inspector of the circuit attends the meetings of the local
government board, makes reports upon the work of his circuit, acts
as expert in questions relating to industrial matters, and generally
represents the industrial inspection department in the local govern
ment. The relations between the industrial State councilor having
charge of a circuit and his various district inspectors are not close.
FACTORY INSPECTION IN EUROPE---- GERMANY.
165
He receives from them annual reports as to their activities in order
to be able to make out his annual reports to the minister. As a rule
he visits each district once a year to get a general idea of the conduct
of the district inspection as well as of the industrial conditions of the
district.
Each district industrial inspector has full charge of his own dis
trict, has nothing to do with the inspectors of the adjoining districts,
and is practically independent as to his work and methods of inspec
tion in his own district. His office is located in his district, and very
often he lives in rooms adjoining his office; he also engages his own
clerks and establishes his own system of keeping records, although he
is required to follow the general forms employed by the department
of industrial inspection. There is consequently a great difference in
the way the records are kept in each office. In one of the offices
visited in Berlin was found an admirable system of card cataloguing,
which is practically an innovation, all the other district inspectors
keeping their records in the form of the so-called “ akten,” which are
written or typewritten records rather bulky and difficult to keep
track of. In this office every establishment had its own card, the
different kinds of establishments being denoted by the different colors
of the cards— all accidents in establishments being denoted with red
markers upon each card of the establishment. The card system was
brought up to such a perfection that it was possible at a glance to
know exactly the condition of the districts, the number of accidents,
the character of the violations, and the work of each assistant
inspector.
In the office of district inspectors where no card catalogue system
exists the register of each establishment is embraced in the akten,
of which there is one to each establishment. In these akten are
included the whole history of the establishment, all the correspondence
between the various officials in relation to this establishment, the
correspondence with the employers, and all the reports of violations,
etc., relating to the establishment, so that each akt presents a
complete record and historical review of the industrial establish
ment from the beginning of factory inspection to the present date.
In some of the offices a large part of the office is occupied by shelves
upon which the many akten are heaped.
The district office consists usually of two rooms, one of which
serves as an office for the clerk and for the assistant inspectors,
while the other is for the use of the district inspector. Here are
held the interviews with persons having business with the factory
department.
The district offices must tabulate the results of their activity in
six specially prescribed forms, each of which shows the following
data separately, by industries and by inspection districts:
166
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Form I gives under the title 11Inspection of Industrial Establish
ments and Accident Investigations” (a) the number of inspections—
total, night, and Sunday and holiday; (b) the number of establish
ments inspected— once, twice, and three or more times; and (c) the
number of accident investigations.
Form II shows the number of workers in establishments with at
least 10 workers and in establishments subject to the same legal pro
visions as these, and makes a comparison between the number of estab
lishments subject to inspection and the number of establishments
inspected. Here record is kept of (a) the aumber of establishments
(total, those employing female workers over 16 years of age, and those
employing juvenile workers); (6) the number of adult male workers;
(e) the number of adult female workers (16 to 21 years of age, over 21
years, and total); (d) the number of juvenile workers 14 to 16 years
of age (male, female, and total); (e) the number of children under 14
years of age (male, female, and total); and (/) the number of all
workers employed. The same data are given for establishments
inspected.
Form III gives a record of the same data as Form II for establish
ments for which the Federal Council, in pursuance of article 120e of
the Industrial Code, has issued special regulations.
Form IV is a record of the violations found against the provisions
relating to employment of female workers.
Form V gives a record of the violations of the law against the
employment of young children.
Form V I shows the number of permits issued for overtime work
of adult females*
Besides these records there are a number of other forms which
are kept in each office, such as a day book of the industrial inspec
tion correspondence, and an industrial register ( Kataster), which gives
a detailed record of the character of each establishment, the number
of its workers, and the number of violations found therein. There
are other forms prescribed for every specially regulated trade and
industry, for investigation of accidents, for boiler inspection, and
various other matters connected with the department.
It is apparent that the clerical work of each district is enormous
and takes considerable time of an inspector. The district inspector
keeps up a voluminous correspondence with the district govern
ment, the district police, and the district physicians in the district
government with the aid of the clerks and inspectors. He has much
to do as expert, as adviser, and as representative of the industrial
inspection department. The relations of the district inspectors
with the police must be very close, and also must extend to the local
government. This is done in great measure through correspondence.
The police authorities are given certain forms upon which they make
FACTORY INSPECTION IN EUROPE---- GERMANY.
167
notes of the results of their semiannual reinspections of each estab
lishment, which inspection relates almost entirely to the general
character of the establishment and to the number of workers of
various ages in the establishment.
The district inspector also refers to the police, by correspondence,
the character of the violations found by himself or by his assistants
which need either reinspection or which require court proceedings
for prosecutions and enforcement. The district physicians partic
ipate in inspection and report upon the applications for authoriza
tion of specially regulated industries. Sometimes the inspections
are made independently of each other, and at times the physicians
and inspectors may come together and make inspections simulta
neously.
The district inspector assigns his assistants, the industrial assessors*
as well as the industrial referendars to the various establishments
which need inspection, irrespective of territorial subdivisions. As a
rule, each assistant is assigned to such work as he is best fitted to do.
The industrial assessors are given the more important work of
investigation of accidents, of inspection of establishments with more
than 20 persons, and wherever machinery is to be inspected or
ventilating plants are to be investigated, etc. The district inspector
himself usually takes charge of the inspections on applications for
authorization of new establishments. These inspections are con
sidered of the greatest importance by the inspectors because they
think that it is of paramount importance to see that new establish
ments are properly constructed so that in the future comparatively
little inspection work will be necessary.
The inspectors stated that their hope for the enforcement of the
law in relation to prevention of accidents and dangers to life and
health is centered upon the new works which have been and which
are inspected when applications for authorization are made. They
rightly think that if new establishments are properly constructed
and equipped there will be very little work in the future for the in
spectors to do with these establishments, and they may have more
time to devote to older establishments.
The industrial “ referendars,” or probationary inspectors, do not,
as a rule, make independent inspections, but accompany the other
inspectors in their visits.
The daily work of the inspectors begins in the morning, when
practically all assistants meet in the office of the district, are assigned
to various duties and then go to the establishment to which they are
assigned. It is difficult to determine the exact number of hours
which an inspector works. He is supposed to be in his district the
major part of the day, some inspectors remaining till 1 or 2 o ’clock
in the afternoon, and then do their clerical work; while others may
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
be in their districts longer and do their clerical work at home. Night
inspections are made at certain intervals, and the time spent on
these inspections is counted in the daily work of the inspectors.
European inspectors do not carry badges of office, but are pro
vided with a “ Legitimationskarte,” which is an identification card
signed by the president of the district. During frequent visits with
the inspectors it was found that there was hardly a case where the
inspector was required to show the identification card, his plain*
visiting card being sufficient to gain admission in practically every
establishment.
As a rule inspectors first go to the office of the establishment,
present •their card, and request admission. This was specially
the case when they were accompanied by a foreigner for whom they
had to request admittance and the courtesy of inspection. The
inspectors stated that they do not always have to present themselves
at the office, but may go straight into the establishment by simply
giving their card to the porter. Cases of obstructing the entrance of
an inspector are very rare. One such case is mentioned by Dr. Hart
mann in his report of 1912. In this case the employer not only
refused admittance to the industrial inspector but also showed him
the door. In court the employer tried to justify himself by the fact
that the inspector should have first reported himself in the office
instead of going right into the establishment. His contention, how
ever, was not upheld, and he was fined 200 marks ($47.60)
The first work of the inspector on entering an establishment is to
look at the notices and placards which are legally required to be ex
posed at the entrance of each establishment. As we have seen in the
previous section of this chapter, absence of these notices constituted
a greater part of the violations.
The next work of the inspector is the examination of the so-called
“ Arbeitsordnung,” or shop rules, which must be posted in each
establishment and contain detailed regulations for th,e workmen
under various headings.
S e c t i o n I.— This section gives in detail the methods of engaging
laborers, the time for which they are engaged, notice which the
workers as well as the employers must give each other in case of
termination of contract, etc.
S e c t i o n II.— In this section are found the hours of labor, fore
noon and afternoon, for adult workers, for females over 16, and
for young persons under 16, as well as the hours of beginning and
closing work on Saturdays and on the day before a holiday.
Section III gives the provisions for the weekly, daily, and hourly
wages which are contracted for at the time of engagement of the
workers, as well as the prices of piecework. It also states in what part
1 Jahresberichte der K oniglich Preussiehen R egierangs u n d G ew erberate, 1912, p. 103.
FACTORY INSPECTION IN EUROPE---- GERMANY.
169
of the establishment the wages are to be received on Saturdays, that
the contributions for sickness and other insurance are to be deducted,
and the provisions for loss of wages during workers’ absence.
Section IV states the permitted entrances and exits for the work
ers and prohibits them from entering the boiler and machine houses.
Section V gives in detail the fines which may be imposed for various
derelictions of duty.
Other sections give the various provisions about smoking, behavior
of workers, notices of sickness, cleanliness and order while at work,
etc. There are also important sections regarding the use by workers
of machinery and equipment which may be dangerous to life and limb.
After the examination of the “ Arbeitsordnung” the inspector visits
all parts of an establishment, notes the presence of young persons and
children, and verifies their number with the register in the office.
During visits with inspectors a number of apparently very young
children were found at work. In only one case, however, was it found
that a child was under the legal age when its certificate was compared
with the register in the office.
The most important part of the work of the inspector is, of course,
in the inspection of the machinery and of the general sanitary condi
tions of the establishment. As most of the inspectors are expert en
gineers, this part of the inspection is usually very efficiently attended
to. Each machine and each part of the machinery, as well as all
transmission apparatus is closely inspected and a detailed note made
of all such places as are deemed to be insufficiently guarded. As
a rule, the owner of the establishment or the superintendent recog4nizes the expert character of the inspector and follows his advice in
matters of safeguarding machinery. Each inspector is not only a tech
nically trained man, but has the opportunity to see the same kind
of machinery in various establishments of the same character, and
therefore is able to learn all the devices for safeguarding machinery.
His advice, therefore, is of great value to the individual owner.
There is, of course, no standard which is accepted throughout the
State for the safeguarding of various kinds of machinery. Some
inspectors are regarded as experts in special lines of machinery, and
they have endeavored as a matter of duty and pride to have all ma
chinery in their districts specially safeguarded. In Gladbach in the
district of Dusseldorf, the writer had the privilege of inspecting a
cotton-spinning factory with the industrial inspector, who has been
in this district for a number of years and who made a specialty of
textile machinery. This inspector has written a number of articles
upon safeguards of textile machinery, and is practically the advis
ory technical expert of all the employers in the district. He stated
that there is hardly a new textile factory established until the owners
and architects as well as the superintendents of such establishments
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
have secured his advice as to the location of machinery and the
proper installation of safeguards.
The German factory inspectors pay the utmost attention to the
safeguarding of machinery and take great pride in showing what is
being done in this respect in their districts. Reference has already
been made to the fact that the inspectors often visit museums of
safety and attend special lectures at the Institute of Industrial H y
giene at Frankfort-on-the-Main in order to further study the subjects
under their supervision. This constant study and the special atten
tion paid to safeguarding of machinery seem to have been fully
recognized by the employers, who greatly rely upon the opinion of
the inspectors, and as a rule follow their direction without any
compulsion.
The inspectors are guided considerably by the standards which are
established by the accident insurance associations. These standards
are officially binding for the inspectors as well as for the owners of
establishments, and serve as a guide to the inspectors.
It is only in cases of detection of violation of laws relating to em
ployment of children or of women that the inspectors immediately
refer their complaints to the police. When they find any violations
relative to the safeguarding of machinery or to other conditions, they
orally enjoin the owner to remove the violation and. make such
improvements as are necessary. The inspectors stated, however,
that they do not, as a rule, give detailed instructions as to the safe
guarding of machinery for fear that in case these devices are not
approved, the employers should have cause for action against the
inspectors.
In the inspection of sanitary conditions of establishments the in
spectors have a great deal of discretion, as there is practically no
legal standard of light, air, air space, or of the contents of dust, gases,
fumes, etc. No special methods of examination of light, air, or dust
are used by the inspectors. No tests are made of the character of
the air or light, nor of the quantity or kind of dust. When these
tests are made, they are made independently of the inspectors by
experts in industrial hygiene, who are usually professors or instructors
in technical schools and universities.
Each inspector may have his own standard of light, air, dust, gas,
fumes, etc. As a result of this absence of standards, there is no uni
formity of action among inspectors. This is especially the case in the
inspection of older establishments. In these establishments the sub
jects of light, ventilation, dust removal, and other sanitary conditions
are decided upon by each inspector according to general principles.
In the matter of light there is very little difficulty, inasmuch as
most of the German factories are well situated and there are few tall
buildings in the large cities. Many of the establishments are not
FACTORY INSPECTION IN EUROPE---- GERMANY.
171
higher than one story and have skylights. Even in Berlin, where
there is a large overcrowded industrial section, and wiiere a number
of loft buildings are used for factories, conditions as to light are very
good, and factories have light from two or more sides.
The inspectors take great care of ventilation in factories, especially
iji the presence of dust, gases, and fumes. The writer failed to find
one establishment in which there was not a good system of dust
removal, wherever there was any considerable amount of dust pro
duced during the process of work. At present there are a number of
very large firms in Germany which make a specialty of installation
of dust removal apparatus, and methods of local ventilation and
dust removal seem to have progressed in the country.
In Berlin, as well as in Solingen, were found a large number of
tenements constructed for separate tenants with a central ventilating
plant and with, dust removing tubes to each apartment. In Berlin
such tenements are used for manufacturing purposes by home-working
woodworkers and turners and in Solingen by master cutlers.
The inspectors stated that they allow no emery wheel or any
grinding or other dust-producing machine to remain without being
provided with a hood and local suction ventilating apparatus. In
places where gases and fumes are evolved, and especially in all metalplating establishments, inspectors claim to have succeeded in inducing
the owners to carry away the fumes by special ventilating apparatus.
While there are no standards which are uniform in all parts of the
country, and are adopted by all inspectors in their work of inducing
owners to put in proper provisions for light, ventilation, dust, gases,
and fumes, etc., the general principles have been so well established
by the various industrial hygiene exhibitions and safety museums,
and so widely reported and published in technical magazines, that
all inspectors have a general knowledge of the subject and have en
deavored to introduce all possible improvements in their respective
districts.
In passing upon the applications for authorization of new estab
lishments under article 16, or inspection and regulation of industries,
inspectors have been required to establish more definite standards,
which are, however, not general to the industry, but in some respects
established for each separate plant. The following are the standards
which are prescribed for the inspectors, to guide them in passing
upon applications for authorization.
V e n t i l a t i o n . —Every work place must be properly ventilated. If windows do
not open their entire extent, the upper third of the windows must be so constructed
as to easily open and close. Bad air should be drawn out through chimneys with
proper cowls or by mechanical ventilators. Gases, fumes, and dust must be imme
diately removed at the point of production by mechanical suction apparatus.
H e a t in g . —Workrooms must be heated during cold weather. The neating apparatus
must be so constructed as to prevent direct heat rays upon the workers', must be
free from dust, and provided with means to regulate the humidity of the air of the
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BULLETIN- OF THE BUREAU OE LABOR STATISTICS.
room. If mechanical ventilation is present, a combination of heating and ventilat
ing apparatus is recommended.
L ig h t . —All workrooms must have direct daylight or artificial illumination to give
sufficient light in all parts of the workroom, and be free from glare. Wash rooms,
bathrooms, lunch rooms, toilet rooms, stairways, etc., must be properly lighted.
D r a in a g e .— F loors of all workrooms upon which much water is spilled should be
of nonabsorbent material and properly graded and drained, and should be covered
with proper board slats.
D r in k in g W a t e r .— There must be provided abundant, pure, and fresh drinking
water on every floor of the building.
W a s h R o o m s. —Washing and bathing facilities should be provided so that there be
at least one for every five persons woiking in a shop. Wash rooms should be light and
separated for each sex, provided with running water, and properly drained.
D r e s s in g R o o m s. —Lockers must be provided, preferably for each individual
worker. Separate places for washing and dressing should also be provided for
each sex. These should be near to the workshop, and must be properly lighted and
heated in winter. There should be a separate wash place for every five persons; also
tub or shower baths.
L u n c h E o o m s . —Suitable places should be provided for those workers who remain
in the factory to eat their lunch. Such places should be well lighted and properly
heated and have a sufficient number of tables and benches. These lunch rooms may
be located in the dressing rooms.
T o i l e t s . —Well-lighted, heated, and ventilated toilet rooms must be provided, if
possible, on every floor. These should be separated from the work x>laces by thick
walls, with a well-ventilated vestibule. Doors must be self-closing. One seat should
be provided for each 25 male workers and one for each 15 female workers, each com
partment to be properly lighted and provided with doers which may be locked or
bolted. Each compartment should be designated whether for the use of men or women,
and the bowls should be well flushed. Besides the toilets, a sufficient number of
urinals should be provided, properly flushed and maintained in a clean condition.
Some of the paragraphs are provided with blank spaces which
are filled in by the district inspector, and which constitute the
standards for each individual establishment. As the owner of the
establishment has the right of appeal, the final standards established
for his plant are well considered by the employer, by his representa
tive, by the district inspector, by the district police, and district
physicians, as well as by the chief inspector of the circuits.
The inspectors do not carry any special inspection blanks or cards
with them in their work of inspection, but usually make notes only
of special violations which they find. In all cases of violations of
the provisions of article 120 of the Industrial Code, the inspectors
give oral advice and instruction to the employer or responsible head
of the establishment. They make a note of these oral instructions
and on 4heir return to their office they usually send the following
letter to the owner of the establishment, on official blanks of the in
dustrial inspection department:
During the official inspection on --------- of your establishment, a t ---------- , I found
the following items of which I wish to remind you:
(Here follow the points of which the inspector wishes to remind the owner.)
I respectfully request you to inform me in relation to this matter not later than
FACTORY INSPECTION IN EUROPE-----GERMANY.
173
Another form which is used by tlie inspector is the following:
M r.-------------------,
Date,--------- .
During inspection made o n ---------, the following 'violations against the provisions
of the Industrial Code were found, which violations must be remedied not later than
---------, and of which I request you to inform me.
These are practically the only written communications which the
inspector has with the employer. Reinspection is made either by
himself or is referred to the local police authorities, who inform the
inspector whether the violation has been remedied. An inspection
is made only in case of doubt as to the proper remedying of the vio
lation. When, upon his own inspection, or upon the report of the
police authorities, the district inspector finds that his wishes were
not complied with, he then refers this matter to the police authori
ties for their action. From this point on the inspector has nothing
more to do with the subject until called as witness in court to testify
to the existence of the conditions or of their dangers to life and
health.
FRANCE.
HISTORICAL REVIEW.1
The Revolution of 1789 abolished all privileges, among others the
monopoly of the guilds, which had been partly suppressed by Turgot
in 1776. In 1796 an attempt was made to regulate certain trades,
including protective measures, such as limitation of the hours of
labor before and after midday, etc. A more serious attempt was
made by the law of 22d Germinal X I (April, 1803), prohibiting work
in manufacturing establishments before 3 a. m., and providing each
worker with a special “ work b ook ” ([livret personnel) .
By a police ordinance of September 26, 1806, further regulations
prescribed that masons, bricklayers, plumbers, carpenters, etc., should
not commence work from April 1 to September 30 before 6 a. m.,
and should stop work at 7 p. m. From October 1 to March 31 the
hours of labor were to be from 7 a. m. to dusk.
Next came the law of January 3, 1813, which regulated the labor
of miners and prohibited children under 10 years from working in
mines, and the law of November 18, 1814, making certain provisions
for Sunday and holiday rest.
During the first quarter of the nineteenth century the development
of industry due to the invention of machinery and the use of steam
as motor power was very rapid, and led to certain abuses, not the
least of which was the employment of a large number of very young
children in the cotton mills. The agitation on the subject of child
labor in England and the enactment of protective legislative measures
must have had some influence on French opinion, although no special
attempts were made to enact any laws for the protection of children.
In 1827 the Societe Industrielle de Mulhouse was organized and
began its fruitful agitation for the limitation of the abuses of the
factory system, and for the protection of women and children, an
agitation wiiich continued for a great many years, and to which no
doubt much of the legislative work in France is partly due. During
that year Mr. J. J. Bourcart made a report to the society on the neces
sity for fixing the age limit of admission and for reducing the hours
of labor of workers in cotton mills. He demanded some regulation
of child labor in France on the plan adopted in England and also
advocated measures for improving the health of the workers by at
tending to the safety and sanitation of the mills.2
1 T he historical d a ta are based u p o n Roger F ig h iera’s La P rotection Legale des T ravailleurs en France
Com m entaire d u L ivre I I d u Code d u T ravail et de la P revoyance Sociale. P aris, 1913.
2 Idem , p. 21.
174
FACTORY INSPECTION IN EUROPE---- FRANCE.
175
The Societe Industrielle de Mulhouse was particularly qualified to
propose protective measures for workers, as it was situated in the center
of the factory district, where children of very young age were em
ployed excessively long hours. The society petitioned for a minimum
age of admission to industry and for enactment of laws protecting
child workers.
At about the same time Dr. J. Gerspach, a physician at Thann,
wrote a thesis on the protection of workers. This thesis was entitled
“ Considerations on the influences of spinning and weaving of cotton
on the health of the workers” ( Considerations sur Vinfluence des
filatures de coton et des tissages sur la sante des ouvriers). He clearly
indicated the injurious influences of vitiated air in the mills on the
health of the workers, the effect of the work on the physique and
morals of the population, and formulated regulations limiting the age
of admission of children to work, and improving general industrial
conditions in the mills.1
During the reign of Louis Philippe, Guizot, then Minister of Public
Instruction, interested himself very much in school children and in
popular education, and asked for reports and investigations on, the
subject. In 1833 the Academy of Strassburg referred to the Societe
Industrielle de Mulhouse certain propositions relating to child labor.
The following questions were proposed:2
At what age should children of both sexes be admitted to work in
cotton, mills and other factories ?
What should be the hours of labor ?
What should be the days of rest?
Should the manufacturers establish free schools for the young
workers %
For what periods and how long should school instruction be %
Should not local physicians be required to report upon the sani
tation of the working places and the health of young employees ?
What authority should be intrusted with the enactment of such
laws ?
What should be the penalties for violations of these laws ?
Who should bear the penalties— the parents or the manufacturers ?
In 1835 the Academy of Sciences instructed certain of its members
to make a thorough statistical investigation on the subject and to
find out the exact physical and moral state of the workers. Dr.
Villerme made the report, which was published in 1839-40 under the
title of “ Table of the physical and moral state of the workers employed
in linen and silk manufacture.” The report presented the subject
in a very thorough and graphic manner, and showed the shocking
abuses of child labor in industry, the harmful consequences of such
labor on the physical and moral condition of the children of the entire
population, the very small wages which were paid for labor, the
1Idem, p. 23.
1Idem, pp. 24-27.
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
excessive exploitation of infants and children in the factories, and
demanded the powers of the State to aid in the protection of children
and in the removal of the abuses which had grown to such an extent.
The report of Villerme was supported by a number of petitions,
especially from the Societe Industrielle de Mulhouse, which at last
compelled the Government to begin work on protective measures for
workers in mills and factories. The Government’s proposal not only
contemplated the prohibition of employment of children before a cer
tain age in factories and workshops, limiting the application of the law
to textiles and establishments where motors or continuous fires were
used, but also proposed the limitation of work during the night and
provided penalties for violations of the law ranging from 16 to 100
francs ($3.09 to $19.30). The enforcement of the law was to be by the
aid of the police prefects and subprefects, the mayors, and public pros
ecutors, as well as by the police commissioners of the local districts
where the factory was located.
During the discussions of this project special commissions were
appointed, and some of these were greatly in favor of the institution
in France of an.inspectorial service, similar to that in England.1 The
propositions were changed and amended and at last enacted into law
on March 22, 1841.
The law of 1841 applied only to industrial establishments with
motive power, machinery, or continuous fire, employing at least
20 workers. It limited the age of children admitted to work to 8
years, the hours of labor of children between 8 and 12 years to 8
hours, children from 12 to 16 years to 12 hours, provided some
schooling for children under 12 years, and also for midday pauses.
The enforcement of the law of 1841 was given to voluntary com
missions in each district, who were to appoint the inspectors of weights
and measures for the work of inspection in the factories, and for the
administration of the first labor law. Public functionaries and
ex-magistrates were to be appointed as commission members in each
arrondissement, and police prefects were charged with the general
administration of the law. According to a circular of the minister,
it appeared that in the 75 departments the number of establishments
under the law was more than 5,000, and the children under 16
years of age working therein reached the number of 70,000.2
Neither the scope nor the application of the law seemed satisfac
tory to those specially interested in the protection of children, as is
evidenced by a petition which the Societe Industrielle de Mulhouse
addressed to the deputies in 1843. In this petition they stated that
inspectors should not be named by voluntary commissions, but should
be specially chosen for the work of inspection in manufactures; that
1Idem, p. 41.
2
Idem, p. 48.
FACTORY INSPECTION IN EUROPE---- FRANCE.
177
it was not necessary to have many inspectors, and referred to the
experience of England where there were only four inspectors who had
to inspect at least once a year every one of the factories under their
jurisdiction. If another system were adopted they said there would
be no enforcement of the law.1
It was not intended to entirely suppress the voluntary inspectors,
but to appoint special inspectors to assist them. In the discussion
of this matter before the chambers it was pointed out that factory
inspection was organized in 253 arrondissements and that 1,643
inspectors were at work; although it was recognized that where
peaceful measures were inadequate to enforce the law, certain repres
sive measures ought to be adopted to enforce the law more strictly.
Notwithstanding the large number of voluntary commissions and
the number of inspectors who were supposed to enforce the law, it
was universally admitted that the protective measures enacted by
the law of 1841 were not enforced, especially the provisions which
related to the 8-hour limitation of work of children between 8 and 12
years. In the discussions on the subject of labor protection before the
Government, the opinion was expressed that it was necessary to
organize a special force of inspectors with paid chief inspectors, even
if the local inspection was given into the hands of voluntary com
mittees. A number of projects for the improvement of the law and
for its amendment were presented to the legislature, but no new law
was enacted until February 21, 1848. This law, before its final
enactment, was invalidated by the revolution of February 24,1848,
and the proclamation of the Republic.
The first act of the revolutionary government was to enact “ The
right of labor ” law. On March 2,1848, a law wTas enacted which dimin
ished the hours of labor by one hour, limiting the hours of labor of all
adults in Paris to 10 hours, and in the provinces to 11 hours. In the
decree of March 10 the Minister of Agriculture and Commerce stated
that the enforcement of the law of the Republic as to the limitation
of hours of labor was given over to the safeguarding of all citizens.
A Government commission of workers presided over by Louis Blanc,
a member of the provisional Government, was at the same time
appointed for the administration of the act to limit the hours of
labor. By the decree of April 4, 1848, the violation of, the 10-hour
law in Paris was followed by a fine of 50 to 100 francs ($9.65 to
$19.30). In case of repetition of the offense, the fine was increased
from 100 to 200 francs ($19.30 to $38.60), and in case of further repe
tition with a maximum imprisonment of six months. This, however,
related only to Paris. The administration of the law in the provinces
was left to the municipalities.
^dem, p. 49.
32447°—Bull. 142—14—
12
178
BULLETIN OE TH E BUREAU OE LABOR STATISTICS.
The law of March 2, 1848, was, after violent discussions, finally
amended by the law of September 9, 1848, which limited the hours
of labor in factories and workshops to 12 hours a day. Violators of
the law were punished with fines of from 5 to 100 francs (96.5 cents
to $19.30), which were increased up to 1,000 francs ($193). The
limitation of the hours of labor was made the same for the whole
country. The enforcement of the law was left to the police prefects
of the districts.
Very little progress in labor legislation was made from 1848 to
1874. During this period many schemes for new laws were brought
forth, many discussions were held in the legislative chambers, and a
number of petitions were received from industrial societies, etc.
The law of 1848 was somewhat modified by a decree of May 17,
1851, and a further decree of January 31, 1866. Some provisions for
the regulation of the work of apprentices were made by the law of
March 4, 1851. The laws were practically dead letters, and very
little was done during the latter part of the First Republic or during
the Second Empire.
All this time the Societe Industrielle de Mulhouse, the Academy of
Sciences, and other institutions were continually pushing their
investigations and petitioning for a better enforcement of the law
and for new protective measures. The Government of Napoleon III
made some feeble propositions without seriously attempting to enact
them. A great impetus for the enactment of labor legislation was
given in 1867 by the Universal Exposition held in Paris and by the
foundation of the Society for the Protection of Apprentices and Chil
dren in Factories that same year, and by the demands of a delegation
of workers to the exposition.
The most important reform demanded was a better enforcement
of the already existing laws by the organization of an inspectorial
service. In 1856 one Department, that of Tarn, created the position
of inspector of labor for children in factories.1 In 1865 the Depart
ment of Seine followed its example by appointing two special inspec
tors attached to the police prefecture. In 1868, by a Government
decree, the engineers of mines were charged with exercising the func
tions of factory inspectors in the districts under their charge. This
attempt, fostered by M. Freycinct, was not very successful. None
of the numerous projects for the better protection of labor or for
reform of the administration of already existing laws were destined
to be enacted during the Empire; and the war of 1871 soon put a stop
to all these plans until the establishment of the Third Republic.
In 1872 a commission was appointed by the Chamber of Deputies
to make an investigation on the condition of the laboring classes in
1Idem, p. 109.
FACTORY INSPECTION IN EUROPE---- FRANCE.
179
France. The commission, after a thorough study of the subject,
recommended the following modifications of the existing legislation: 1
1. The extension of legal protection of workers to all industrial
establishments without limitations.
2. The inclusion in the law of women employed in industry, accord
ing them the same protection as children.
3. The amelioration of the condition of children and the improve
ment of the conditions of labor.
4. The organization of a special service of inspection to enforce
the laws.
The project of the Government, based upon the report of the com
mission, was at last enacted, although greatly amended, as the law
of May 19, 1874. This law not only extended the protective measures
for child workers and instituted the first protection for female labor,
but also made the first provisions for a special inspectorial service
for the administration of the law. The law of 1874 related to mines
and industries. It limited the age of child workers to 12 years—■
in exceptional cases to 10 years— the hours of labor of children under
12 years to 6 hours; of children between 12 and 16 years to 12 hours.
It provided for work pauses; for the prohibition of night work for
male children under 16 and females under 21 years; for Sunday and
holiday rest; also for school certificates for children and for 6 hours7
school instruction for children under 13 years. It also made some
provision for sanitary conditions in the workshops.
The provisions for administration of the law were as follows:
1. The appointment of a Commission Superieur du Travail.
2. The appointment of 15 special inspectors to enforce the law.
The president of the commission was M. Dumas, a member of the
institute. Among the other members were M. Ambroise Joubert,
the author of the law of May 19, 1874, and M. Tallon, who was in
charge of the bill in the national assembly. The commission was
given power to make exemptions allowing children under 16 years to
work at night; and from the first 26 industries which demanded these
exemptions, the commission eliminated 22, and granted exemptions
to only 4— metallurgical works, glass works, sugar making, and paper
making.3 The 15 inspectors who were appointed according to the
law of May 19, 1874, began their work on June 1, 1875.
The work of the inspectors in the enforcement of the law was
reported and freely criticized in the report of the Commission
Superieur du Travail, which began its work in 1876. The 15 inspec
tors, called division inspectors, were supposed to be assisted by local
commissions and the inspectors of the various departments; but
according to the second report of the commission, neither the work of
i Idem, p. 126.
2Idem, pp. 135, 136.
180
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
the local commissions nor the work of the few departmental inspectors
then existing was satisfactory at any time. According to the com
mission there were only 100 official reports (protocoles) of violations
made in the 18 months of the existence of the new system.1
It soon became evident that the 15 inspectors could not by
themselves enforce the law, and that a greater increase in their
force was necessary. Some departments were earnestly endeavoring
to assist the inspectors by aid of the local commissions. Thus, for
instance, in the Department of the Seine, 38 new local commissions
were appointed in 1879, but it does not appear that they were of much
assistance.
B y the law of February 16, 1883, the inspectors were given the
jurisdiction not only of the law of May 19, 1874, but also of the law of
September 9, 1848; and the Government was given the right to
increase their number.
By various decrees the protective labor laws were extended: By a
decree of 1882 the work of children in certain special factories was
prohibited; a number of special laws were enacted designating
establishments in which children and women were not allowed to
work. By the law of July 12, 1880, the provisions for Sunday rest
were extended.
The period between 1880 and 1890 Was rich in investigations of
labor conditions, in projects for new protective laws. On November
2, 1892, a new law for the regulation of labor of children and women
in industry was enacted; on June 12, 1893, a law for the hygiene
and security of workers was passed; in 1891 the Conseil Superieur du
Travail was appointed. It consisted of members of the National
Assembly, workers, employers, members of syndicates, and labor
organizations, etc. This commission was intrusted with the exami
nation of proposed modifications for labor laws and with the uniform
administration of these laws.
In 1906 a special ministry of labor and social welfare was created,
and in 1910 was promulgated the first book of the new Labor Code
which when completed will codify the many laws for the protection
of labor.
The inspectorial service, which until 1892 was very faulty, was
reorganized by the law of 1892 in its present form, and with a con
siderable body of inspectors, numbering 106 in all.
SCOPE OF THE LABOR CODE.
The growth and development of legislation for the protection of
industrial workers has been described in the previous section, as well
1Idem, p. 139.
FACTORY INSPECTION IN EUROPE---- FRANCE.
181
as the laws which, beginning with the end of the eighteenth century,
have from time to time been enacted by the governments in France
for the purpose of regulating industry and protecting the workers.
The whole mass of labor laws is being codified into seven books,
the second book having been promulgated on November 26, 1912.
The labor laws are annually published under the title of Laws,
Decrees and Orders Concerning the Regulation of Labor, and the
Nomenclature of Dangerous, Unhealthy or Obnoxious Establish
ments {Lois, Decrets, Arretes concernant La Reglementation du
Travail et Nomenclature des Stallissements Dangereux, Insaluhres ou
Incommodes).
The first book of the code deals with the laws on workers’ con
tracts, embracing apprenticeship, nature of contract, regulation of
wages and payment thereof, regulation of wages of married women,
regulation of the hiring of workers and the penalties for infractions
of the regulations.
The part of the code which is the most important is contained in
Book II, entitled “ The regulation of labor.” This book is divided
into a number of parts, each one dealing with a special regulation of
certain conditions of labor.
Part 1 deals with conditions of work, age of admission, duration
of labor, regulation of underground work, work of women and
children, night work, night work of women and children, Sunday and
holiday rest, and special regulation of work on merchant vessels, in
itinerant trades, and employment of foreigners.
Part 2 deals with the hygiene and safety of workers, chapter
1 giving the general regulations; chapter 2, the special regulations as
to women and children; chapter 3, the special regulations as to mines,
miners, etc.; chapter 4 regulates the use of white-lead in painting
trades; and chapter 5 the safety and hygiene of labor on merchant
vessels.
Part 3 deals with the inspection of labor, giving in detail the
regulations as to notices, registers, and books; the organization of the
inspectorial department and general and departmental commissions,
including also the inspection of mines and quarries, etc.
Part 4 deals with penalties for infractions of the laws.
To this general code is added a large number of orders, decrees,
and regulations issued from time to time. These (in 1913) occupy
122 pages of the above-mentioned publication in comparison with the
48 pages taken up by the labor code proper.
This addition to the code consists of the following sections:
1. Rules and regulations as to labor of women and children.
2. Hours of labor.
3. Sunday rest.
182
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
4. Hygiene and safety of labor. This section is divided into the
following:
(a) International conventions.
(b) General regulations.
(c) Special regulations.
5. Regulations on the inspectorial service.
There is also a section in the above publication reproducing the
various laws and decrees relating to industrial accidents. The last
18 pages are filled with an alphabetical list of dangerous, unhealthy,
and obnoxious establishments, and contain several hundred indus
trial processes, each with its class designation, the nuisances which
they are liable to produce, and the dates on which they were classified.
LAWS AS TO PROTECTED PERSONS.
Without going into details in regard to the labor laws it will be
sufficient for the purposes of this report to note the following:
1. According to the French law the age of admission of children to
industry is fixed at 13 years, but children between 12 and 13 may be
employed if they have a certificate of primary studies and a medical
certificate of their physical fitness to do the work. This examination
is made by special physicians who are charged with the supervision
and certification of age, or by medical inspectors of schools or other
physicians in the public service, designated by the police prefect.
Inspectors of labor, however, are given the right to demand a medical
examination of all children under 16 years.
2. The hours of labor in factories and workshops are limited to 12
hours per day. This relates to adult males as well as to women and
children. There are, however, certain trades in which the hours of
labor are limited to 10 per day. All children under 18 years and all
women are prohibited from working at night between the hours of
9 p .m . and 5 a. m. Female children and women are to have at least
11 consecutive hours7night rest. In certain industries exceptions are
made for females over 18 years of age during certain seasons of the
year for a period not exceeding 60 days; but the maximum daily
work must not exceed 12 hours. The regulations for Sunday and
holiday work are also subject to a great many exceptions and ex
emptions which may be given to special industries on certain occa
sions. Children under 13 years are prohibited from working as
actors, or in theaters, cafes, etc.
By the decree of May 13, 1893, modified by subsequent decrees of
1897, 1899, 1900, 1905, 1908, 1910, and 1911, the work of women and
children in dangerous trades is specially regulated.1 These decrees
specify the industries, time of day and night, amount of weight to
1 The decree of May 13, 1893, was replaced b y th e decree of M ar. 21,1914, m aking a n u m b e r of m odi
fications in th e d etails of th e law.
FACTORY INSPECTION IN EUROPE---- FRANCE.
183
be carried, etc.1 Three tables are given of industrial establishments
in which the labor of women and children under 18 years is
prohibited or restricted and the reasons for such prohibition.
The first table gives the establishments in which such work is
entirely prohibited for children under 18 years and for women.
The second table gives the establishments which are prohibited
from employing children under 18 years.
The third table gives the establishments in which the labor of
children under 18 years and of women is restricted; and the conditions
of such restrictions.
INDUSTRIAL CONDITIONS.
The laws regulating industrial conditions are applicable to all
factories, workshops, work yards, laboratories, kitchens, wine cellars,
warehouses, stores, offices, loading and unloading and their accessories
of whatever nature they may be, public or private, lay or religious,
philanthropic or professional. The only establishments or workshops
to which laws are not applicable are those in which work is being
done under the sole authority of the father, mother, or guardian;
but even for these, if the work is done by the aid of machinery or
motor power, or is classed as dangerous or unhealthy, the inspectors
of labor have to prescribe certain measures of safety and health.
The general regulations of industrial conditions as to health and
safety consist in measures for lighting, heating, and ventilation of
estabhshments, provision of drinking water, or proper toilets, the
removal of dust and fumes and protection from fire. They will be
given in greater detail in a later section.
Special regulations relate to Paris green (1895), to lead and lead
compounds (1902, 1904), to lead industries (1908, 1909), to laundries
(1905), electrical establishments (1907), first aid in electrical estab
lishments (August, 1912), compressed air (1908), establishments
in which hides, skins, hair, etc., are handled (1910-11), carrotting—
nitrate of mercury treatment of fur (1911-12), glass blowing by
mouth (1911), cement works (1911), prohibition of the use in textile
industries of fabrics which have been used as bandages or for dressing
(19H).
In most of the dangerous trades and establishments which have
been mentioned and many of those which are classified, a medical
examination of employees is obligatory. A special register must be
kept in each establishment in which is stated the date and duration
of absence for sickness, the date of the certificate presented, which
justifies the absence, and a medical certificate on return to work. A
certificate is required upon beginning work, which must be renewed
every three months.
1 See B u lle tin of th e U n ited States B u reau of L ab o r S ta tistic s, No. 89, p. 163 e t seq.
184
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
The section of the code relating to industrial accidents consists of a
number of laws which presciibe not only the reporting of accidents
to the local authorities and the inspectors, but give the laws of com
pensation in detail.
ADMINISTRATION.
The third part of Book II of the code, modified by a number of
subsequent laws, decrees, and orders relates to the enforcement of
the labor laws. The first part of this code consists of regulations
as to notices, registers, and books to be kept in each establishment.
The provisions of the code relating to labor of women and children
and general regulations concerning the industry and the name and
address of the inspector of the district must be posted in every
factory. It must also contain the exact hour at which work is
begun daily, the number of hours of labor and the pauses for rest.
A duplicate of such notice is sent to the inspector and a triplicate
copy is left with the mayor of tLe district. A copy of the law and
the notice which is posted must be signed by the inspector on each
visit.
Children under 18 years are compelled to have work books, which
are given to them by the mayor of the district. A register is also kept
by the employers of the date of engagement of workers and of their
discharge.
D uties o f inspectors
.
The labor inspectors are not charged with the enforcement of the
law in mines and quarries, which are under the jurisdiction of the
mining inspectors.
The labor inspectors have no jurisdiction over State works as far
as Sunday rest is concerned. This is in charge of another ministry.
In State establishments which have to do with national defense, the
enforcement of the laws is confined to special agents under the Ministry
of War and the Navy.
The enforcement of section 64 of the code relating to the prohibi
tion of employing foreigners without a certificate is under the juris
diction of the police authorities. The duties of the labor inspectors
relate to all other establishments, as previously indicated.
The duties of the inspectors are to visit all industrial establishments
in their districts and to enforce the provisions of the laws for the pro
tection of workers according to the Labor Code. The inspectors
also gather whatever statistical data are required. Inspectors must
act as witnesses in court in cases of violations of the law preferred
on their information. They have the right of entry to all estab
lishments under their control during the day and during the night
while work is being done.
FACTORY INSPECTION IN EUROPE---- FRANCE.
185
Com m ission Superieur du Travail,
The Commission Superieur du Travail in the Ministry of Labor
exercises the following functions:
1. Supervision of the uniform application of the laws concerning
the work of children and women;
2. The giving of advice as to new rules and regulations for the
protection of workers;
3. The determination of the qualifications for the selection of
candidates for the inspectorial service and the prescribing of a test
for the civil service examination.
The commission consists of nine persons, who work without com
pensation; namely, two senators and two deputies elected by their col
leagues, and five members nominated by the President of the Repub
lic for a period of four years.
Each year the president of the Commission Superieur du Travail
must submit to the President of the Republic a general report of the
results of inspection, and on the enforcement of the provisions of the
law. This report is to be published in the “ Journal Officiel” in the
same month in which it has been made.
The general councils of the departments must institute one or more
commissions whose duty it is to present reports on the enforcement
of the provisions of the law, and on amendments which may be neces
sary. These reports are sent to the minister and communicated to
the Superior Commission.
Divisional and departmental factory inspectors, the presidents and
vice presidents of the “ conseil de prud’hommes” of the principal
city or industrial center of the department, and the mining engineer,
where such an official exists, are by law members of these commis
sions within their respective jurisdictions.
In each department protective committees are to be instituted with
the object of (1) protecting apprentices and children employed in the
industry, and (2) promoting their technical instruction.
The general council in each department determines the number
and district of jurisdiction of the protective committees, the by-laws
of which are to be approved in the Department of the Seine by the
Minister of the Interior and the Minister of Labor, and in other de
partments by the prefects.
The protective committees are administered by a commission
composed of seven members, of which four are named by the general
council and three by the prefect for a term of three years. Mem
bers whose term of office has expired may be renominated. They
serve without compensation.
186
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Penalties
.
The penalties for violations of the laws for protection of workers
vary, and are increased in case of repetition of the offense. All vio
lations of the provisions of Book II of the Labor Code except viola
tions for wluch special fines are provided in the code are punishable
by a fine of from 5 to 15 francs (96.5 cents to $2.90), and for a repeated
offense from 16 to 100 francs ($3.09 to $19.30). The same fine may
be imposed as many times as persons are employed under conditions
in violation of Book II of the Labor Code. Such cumulative fines,
however, may in the case of first offenses not exceed a maximum of
500 francs ($96.50); for repeated offenses the maximum cumulative
fine which may be imposed for infractions of articles 9 to 13 (work
below ground) is 2,000 francs ($386), and 3,000 francs ($579) for infrac
tions of Chapter IV of Title I (Sunday rest).
Special penalties are provided for violations of the following pro
visions: Of articles 6 and 8 (hours of labor) and administrative
decrees issued in pursuance of these articles 5 to 100 francs (96.5 cents
to $19.30) and a cumulative maximum of 1,000 francs ($193); of
articles 18, 29, and 54 (apprentices) 5 to 15 francs (96.5 cents to
$2.90); ,and in case of a repeated offense imprisonment for from 1 to
5 days; of articles 60 and 61, 16 to 200 francs ($3.09 to $38.60), of
article 92 imprisonment from 1 to 6 months and a fine of from 16 to
50 francs ($3.09 to $9.65), and of article 62, the penalties provided
by article 276 of the penal code— all these articles relate to the
employment of children in itinerant trades; of article 64 (employment
of foreigners) police fines; of the provisions of Chapters I and IV
of Title II (hygiene and safety of workers), 5 to 15 francs (96.5 cents
to $2.90) and a cumulative maximum fine of 200 francs ($38.60) for
first offenses, and 50 to 500 francs ($9.65 to $96.50) and a cumulative
maximum fine of 2,000 francs ($386) in case of repeated offenses.
Interference with the work of inspectors is punishable by a fine of
100 to 500 francs ($19.30 to $96.50) and in case of repetition from 500
to 1,000 francs ($96.50 to $193). Acts of resistance or violence
against inspectors are also punishable according to the provisions of
the penal code, which provide penalties for resistance of police officers.
Notices of fines and violations of the law as well as the names and
addresses of the violators may also be published at the expense of
the offender in one or more newspapers of the Department in which
such person is located.
ORGANIZATION.
Labor and factory inspection is uncjer the jurisdiction of the
Ministry of Labor and Social Welfare, created in 1906. The director
of labor, under this ministry, has charge of the inspection of mines
and quarries as well as of industrial inspection. Industrial inspec
187
FACTORY INSPECTION IN EUROPE---- FRANCE.
tion is under the charge of a bureau of inspection which has its
chief, who is thus nominally the chief of industrial labor inspection.
The inspectorial service consists of 142 inspectors, as follows:
Division inspectors, each in charge of a separate division (circonscrip
tion) of the country.............................................................................. 11
Department inspectors, each in charge of a district under the division
inspectors:
Male................................................................................................... 113
Female............................................................................................... 18
The whole of France is divided into 11 divisions (ciixonscriptions),
each of which is in charge of a division inspector, who has under
him a number of inspectors— male and female. The following is the
location of the office of each division and the number of inspectors of
each sex in each division:
N um ber of
inspectors.
D ivision.
Office.
Male.
F irst ......................... P aris............................................................................................................
Second...................... Limoges......................................................................................................
Third
................ D ijo n ...........................................................................................................
F our tli...................... N a n c y .........................................................................................................
F i f t h ....................... L ille ........................................ ....................................................................
R o u en .........................................................................................................
Sixth
N antes
................................................*...........................................
Seventh
E ig h th ...................... B o rd eau x ...................................................................................................
Toulouse.....................................................................................................
N in th .......................
T e n th .......................
M arseilles...................................................................................................
L y o n ............................................................................................................
E le v e n th ............
Fem ale.
22
7
8
10
13
10
8
7
7
10
11
12
1
1
1
1
1
1
CLASSIFICATION AND GRADING.
There are three classes of division inspectors and five classes of
departmental inspectors, as follows:
Division inspectors.
Class.
Salary.
First........................................................................ 8, 000 francs ($1,544.00)
Second.................................................................... 7, 000 francs ($1,351.00)
Third....................................................................... 6, 000 francs ($1,158.00)
Department inspectors.
First.............................................................................5, 000 francs
Second....................................................................... .4, 500 francs
Third...........................................................................4, 000 francs
Fourth....................................................................... .3, 500 francs
Fifth............................................................................3, 000 francs
Inspector stagiaires (probationary inspectors).........2, 400 francs
($965.00)
($868.50)
($772.00)
($675.50)
($579.00)
($463.20)
TRAVELING EXPENSES.
The Minister of Commerce and Industry and the Minister of Posts
and Telegraphs are the authorities who fix the traveling expenses.
Division inspectors travel first class and department inspectors travel
second class. They are allowed 50 centimes per kilometer (15.5 cents
188
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
per mile) and 15 francs ($2.90) per day. The allowance for individual
transportation is not given unless the inspector makes a journey of
at least 6 kilometers (3.73 miles) and return. An allowance of 15
francs ($2.90) per day is given to an inspector for two meals and a
night outside of his residence. In case only a part of the time is
passed in his travel the allowance is 5 francs (96.5 cents) for each of
the two meals and 5 francs (96.5 cents) for a night’s lodging.
The division inspector of Paris receives 3,000 francs ($579) per
year as traveling expenses for the Department of the Seine. The
department inspector in charge of the first district in this department
receives a fixed allowance of 1,500 francs ($289.50) per year. The
male and female department inspectors of the department receive
a fixed allowance of 600 francs ($115.80) for traveling expenses
within the environs of Paris, while 900 francs ($173.70) is allowed
inspectors whose districts are outside of the fortifications. Inspec
tors have the franking privilege.
No department inspectors are allowed any expenses for the hiring
of offices, such offices being allowed only to the division inspectors—
an allowance of 2,200 francs ($424.60) to the division inspector of
the first district in Paris, 1,800 francs ($347.40) to the division
inspector of the fifth district, Lille, and 1,500 francs ($289.50) for all
other division inspectors. This allowance is very small considering
the rent to be paid, and the constant complaint is that the offices are
very small, consisting usually of one or two rooms. As the depart
ment inspectors have no offices they conduct all their work from
tlieir own homes in the districts.
PROMOTION.
The promotion of inspectors from one class to another is according
to a special ministerial decree,, as follows:
Promotions are fixed every year by a special commission appointed
for this purpose and are printed in the Bulletin of Inspection of Labor.
The number of inspectors wTho are to be promoted every year from
one class to another is fixed by the minister and this special com
mission. The commission is presided over by the Minister of Labor
and Social Welfare, or in his absence by the director of labor. It
consists of the following: (1) Director of labor; (2) chief clerk of the
ministry (chef du cabinet) or in his absence the assistant chief clerk;
(3) a member of the Commission Superieure du Travail, nominated by
the commission; (4) three labor members of the Conseil du Travail
who are nominated each year and may not be renominated for more
than three consecutive years; (5) the chief of the bureau of inspection
of labor; (6) eleven division inspectors of labor; (7) three department
inspectors of labor who are elected by their colleagues.
FACTORY INSPECTION IN EUROPE---- FRANCE.
189
The inspectors who are members of the commission do not take
part in the discussion of matters affecting promotion of inspectors of
their own or a higher class. In case of division of votes the president
has the deciding vote.
No inspector may be promoted from one class to another unless he
remains three years in the class from which he is to be promoted.
Division inspectors are always appointed from the department
inspectors of at least the second class. Promotion is based on merit
and seniority; in certain cases on seniority only.
REWARDS, ETC.
Besides promotion of inspectors from one class to another, and the
rewards given them by transfer to a more important district, they
receive certain honorable distinctions. Thus, the last Bulletin of
the Inspection of Labor of 1913 states that according to a decree of
the Minister of Instruction, Inspectors Guillet and Drangon were
nominated as officers of public instruction. Inspector Villard was
nominated an officer of the academy. Department Inspectors Garon
and Roc were named inspectors of the academy.
LEAVES OF ABSENCE.
Labor inspectors are entitled to vacations on full salary. If no
leave of absence is asked for by an inspector during three years, he is
entitled to one month’s vacation with full salary. For leaves of
absence of less than three months the loss of salary is from one-half
to two-thirds. An absence of more than three months, either con
secutive or in one year, is subtracted from service counted for pen
sion or promotion. In case of sickness a longer absence is allowed
with full salary. Such absence, however, must not exceed three
months. During the three months following, an inspector may be
allowed a leave of absence with a deduction of from one-half to not
more than two-thirds of his salary. Leaves of absence for no longer
than five days may be granted by the division inspectors and depart
ment inspectors without special procedure.
PENSIONS.
The labor inspectors have the right to pensions under the same con
ditions as public functionaries. Inspectors may receive a retirement
pension after 20 years of service upon reaching the age of 55 years.
The pension is half of the average salary which an inspector has
enjoyed during the last six years. Retiring inspectors, especially
division inspectors, may, at their retirement, receive the title of
honorary division inspector.
190
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
DISCIPLINE.
The ministerial decrees also provide for disciplinary measures to
be applied to the inspectors for infractions of regulations. A special
disciplinary board is each year appointed, which consists of the
following: The director of labor who acts as president, the chief clerk
of the ministry {chef du cabinet) or in his absence the assistant chief
clerk, a member of the Commission Superieure du Travail appointed
by the minister, and the chief of the bureau of inspection or of some
other bureau of the Direction du Travail, a division inspector desig
nated by the minister, two division inspectors designated by their
colleagues, and two department inspectors elected by their colleagues.
The two last named classes of members participate in the sessions
of the board only if the latter sits in judgment on inspectors of
their.own class.
When an inspector gives cause for disciplinary measures, he is
requested to furnish a written explanation of the charges against
him. If his explanation is not judged sufficient or if the inspector
refuses to furnish any explanation, the whole matter is referred by the
minister to the disciplinary board. Five members of the board con
stitute a quorum. A record (protocole) must be kept of all the pro
ceedings of the council. The accused inspector may be present to
defend himself. He may address the council in his defense either
by written or by oral argument. The vote of the council is secret.
In case of a tie the finding most favorable to the accused inspector
is adopted.
The disciplinary measures to which an inspector may be subjected
are the following: (1) Reprimand entered in the record; (2) transfer
from one district to another; (3) loss of a certain number of months
of seniority for promotion; (4) demotion to a lower grade; (5) suspen
sion from office; (6) discharge.
BUDGET.
The budget for the labor inspection department for 1912 was
591,000 francs ($114,063) for salaries and 245,500 francs ($47,381.50)
for other expenses; total of 836,500 francs ($161,444.50).
SELECTION, EXAMINATION, ETC.
Outside of Prussia and Saxony there is no country that makes
such detailed provisions for the selection and examination of candi
dates for inspectors as France. As already noted, all the division
and department inspectors are appointed by the Minister of Labor
and Social Welfare, and are under the jurisdiction of the bureau
of labor. The division inspectors are chosen from the inspectors
of the first and second classes. All male and female inspectors are
FACTORY INSPECTION IN EUROPE---- PRANCE.
191
recruited by competitive examination. The requirements for admis
sion to the examination are the following: 1
1. The applicants for positions of inspectors must be at least 26
years of age and not older than 35 years. No exception is made to
the age limit.
2. Candidates must undergo a physical examination by a physician
designated by the Minister of Labor. No candidate may be accepted
as a labor inspector who on account of sickness or infirmities is un
able to perform active work. The physical examination is made
only after the candidate passes hi$ written tests.
3. An authentic copy of the certificate of birth of the applicant,
or a certificate establishing his French citizenship.
4. A certificate of good character.
5. A certificate that the candidate performed military service or
has been exempted from same, with the statement of the causes for
such exemption.
6. The signed life history of the candidate giving his titles, his
course of study, his past and present places of residence, the nature
of his previous occupations, and the establishments in which he has
been working.
7. Such diplomas or certificates of universities, etc., as he may
possess.
The full examination is in three divisions: (1) A written test,
(2) an oral test, and (3) a practical shop test.
The written test involves the composition of three papers, one
upon a question relating to the labor laws, one upon a question of
industrial hygiene, and one upon a question of mechanics, electricity,
and accident prevention. Three hours are allowed for the preparation
of the first of these three papers, and two hours for each of the others.
The oral test covers substantially the same field as the written test.
The scope of the written and oral tests is indicated by the following
lists of subjects upon which questions may be asked:
1. Laws enforced by the labor inspectors, i. e., laws regarding hours of labor, woman
and child labor, safety, etc.
2. Elements of administrative and penal law.
3. General labor and industrial legislation, i. e., such topics as conciliation and arbi
tration, industrial accident liability, labor councils.
4. Elements of industrial hygiene. This includes:
(а) General hygiene of work places—ventilation, heating, lighting, and cleaning
of workrooms, toilet rooms, drinking water, sanitary appliances.
(б) The hygiene of particular processes and conditions—dust, gases; irritant
and toxic materials; labor in high temperatures, in humid atmospheres,
and in compressed air; effects and dangers of electricity; fatigue and
overworking.
(c) Accidents. General knowledge as to accidents, wounds, poisonings, first
aid.
i Le concours pour Pem ploi d ’inspecteur ou d ’inspectrice d u tra v a il dans l’industrje.
B itlio th e q u e d ’enseignem ent a d m in istratif. Paris, 1912.
4th edition.
192
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
5. Elements of mechanics and electricity. This covers, in addition to the principles
of general mechanics:
(a) Applied mechanics—power transmission, resistance of materials, motors,
textile machines, etc.
(b) Electricity—measurements of currents, characteristics of continuous and
alternating currents, electric transmission, etc.
(c) Accident prevention, as related to the dangers of machinery, electricity,
fire, stairways, shafts, etc.
There is no specific test in mathematics, but a certain knowledge
of algebra, geometry, and trigonometry is regarded as essential.
The practical shop test is supplementary to the written and oral
examinations. It is held in the National Conservatory of Arts and
Trades in Paris, where in the presence of actual machinery and appa
ratus the candidate is subjected to further questioning as to his
knowledge of mechanics, accident prevention, and industrial hygiene.
In addition to these several tes.ts, a special shop examination,
optional in character, is provided for the benefit of candidates who
can show at least 10 years of practical industrial experience (inclusive
of apprenticeship in a technical school or in a shop not exceeding
three years) as manager, practical engineer, foreman, workman, or
apprentice in a mechanically equipped establishment. Thisexamination is entirely practical in character. It is held in a business estab
lishment specified in the candidate’s application, and the candidate
must there demonstrate his working knowledge of a trade. He may
be asked to perform an operation within his trade, and be questioned
as to hygienic and safety matters related thereto. This test is not
counted in the candidate’s final rating unless a mark of at least 75
per cent is obtained.
The written examination is eliminative, and ordinarily a candidate
failing to obtain a rating of at least 50 per cent may not be admitted
to the oral test. In the case of a candidate electing the optional
shop test, however, this minimum is reduced to 30 per cent. This
plan is followed in order to facilitate the admission of candidates
with practical shop knowledge, who might be able to obtain a high
rating in the oral and shop tests, but be at a disadvantage in the
written examination.
In the final rating, the written examination is given a weight of
12 points and the oral tests of 22 points. In addition 2 points are
given for what is called the “ personal equation.” This is done in
consideration of the fact that personality is an important element
in an inspector’s work. The rating allowed is based upon the previous
record of the candidate and the impression produced upon the
examiners.
In order to pass the full examination for inspector, it is necessary
to obtain a rating of more than 25 per cent in each individual test
and not less than 65 per cent in the combined marks.
FACTORY INSPECTION IN EUROPE---- FRANCE.
193
Female candidates for the inspection service submit to the same
examination as males, except that the oral test in mechanics and
the optional shop test are not given to females, and the practical shop
test is limited to accident prevention.
There is considerable competition for inspectors’ positions. In
the examination of November 4, 1907, for example, there were 115
candidates. The results of the written examination eliminated all
but 31, and only 18 of these passed the oral examination and were
appointed inspectors. To the examination for female inspectors
held on November 18, 1907, 170 candidates were admitted. Only
16 of this number passed the written examination, and only 7 of these
passed the oral examination and were appointed. Eighty-two candi
dates appeared at the examination for male inspectors on June 14,
1909, and only 28 of these were admitted to the oral tests, and only
11 passed.
Successful candidates are appointed on probation and are called
“ stagiares.” They are assigned to districts and have the same
powers as regular inspectors. They have also the right to traveling
expenses and other indemnities. The male and female inspectors
when appointed receive an annual salary of 2;400 francs ($463.20).
At the expiration of the first year they are promoted to inspectors
of the fifth class. The probationary inspectors, as soon as appointed,
are installed in their functions by the chief prefect of the department,
from whom they take the professional oath of office as prescribed by
the law, which specially relates to prohibition of revealing trade
secrets.
Since 1907 a course of 20 lectures on industrial hygiene for candi
dates for inspectorships has been given by Prof. Heim, under the
auspices of the Ministry of Labor, at the National Conservatory of
Arts and Trades. The practical work in the laboratory includes the
handling of various instruments, such as psychrometers, hygrometers,
anemometers, the analysis of potable waters, analysis of air, the
tests for dust, etc.
WORK OF THE DEPARTMENT OF INSPECTION AND CRITICISM OF THE
ORGANIZATION AND WORK OF THE INSPECTORS.
W ORK OF THE INSPECTORS.
The following summary of the activities of the labor inspectors of
France is based upon the latest report issued, that of 1911.1 During
1911 there were in the labor inspection department 142 inspectors.
1 Ministere d u T ravail et de la Prevoyance Sociale: R ap p o rts sur ra p p lic a tio n des lois reglem entant le
tra v a il en 1911.
32447°—Bull. 142— 14------13
194
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
The total number of establishments under the jurisdiction of the
labor inspectors, according to a special statistical investigation made
during 1911, was 507,557. This number is somewhat less than that
estimated by the department before 1911, which was not based upon
statistical data. In this number are included industrial establish
ments connected with agricultural work, and those which are commer
cial in character, as well as state and municipal establishments.
The following table gives the number of establishments and workers
in the seven most important industries:
N um ber of N um ber of
establish workers.
ments:.
In d u stry .
C lothing.......................................................................................................................................
Food p ro d u c ts............................................................................................................................
W ood in d u s try ...........................................................................................................................
M etal tra d e s................................................................................................................................
Construction w o rk ....................................................................................................................
L eather an d hides.....................................................................................................................
Textiles........................................................................................................................................
70,951
62,688
58,700
58, 1.23
40, 857
19,511
17, 481
428,687
333,836
310,389
578,633
338,825
138,667
681,150
The number of industrial establishments does not include all the
domestic workshops over which the inspectors have some control, or
the family workshops over which the inspectors have no control
whatever.
Existing establish m ents and workers therein
„
The existing establishments are classified also according to the
labor laws to which they are subject. Thus, there were—
a. 10,331 establishments subject to the law of July 13, 1906.
&. 39,556 establishments subject to the law of SeptQ9, 1848.
c. 165,831 establishments subject to the law of Mar. 30, 1900.
d. 291,839 establishments subject to the laws of June 12, 1893,
July 11, 1903, and July 13, 1906.1
The existing establishments are also classified according to the
number of persons in each establishment. The following table shows
the establishments thus classified:2
N um ber of
establish
ments.
N um ber of T)ersons.
E stablishm ents
Establishm ents
E stablishm ents
Establishm ents
E stablishm ents
having from 1 to 5 persons.......................................................................
having from 6 to 20 persons.....................................................................
having from 21 to 100 persons.................................................................
having from 101 to 500 persons...............................................................
having more th a n 500 persons.................................................................
T o tal..........................
..............
1 Idem, p. III.
. .
...............................
2 Idem, p. V.
402,186
74,567
24,763
5,433
608
507,557
P er cent.
79.25
14.68
4.88
1.07
.12
195
FACTORY INSPECTION IN EUROPE---- FRANCE.
The following table shows the age and sex of the 4,258,617 workers
and employees working in establishments subject to the supervision
of the inspectors of labor:
Males under 18 years................................................................................................................
Fem ales un d er 18 y ears...........................................................................................................
Fem ales over 18 years
...................................................................................................
A d u lt males over 18 years .................................................................................................
T o tal...........
.............................................................................................................
Inspections m ade
N um ber of
workers.
P er cent.
336,040
286,578
914,214
2,721,785
21.4
64.1
7.8
6.7
4,258,617
.
There were 142 inspectors in 1911. The number of establishments
visited in 1911 was 167,483. According to the laws to which these
establishments are subject they were classified as follow s:1
E stablishm ents inspected.
N um ber.
Subject to
Subject to
Subject to
Subject to
th e
th e
th e
th e
law of Ju ly 13, 1906....................................................................................
laws of June 12, 1893; Ju ly 11, 1903; Ju ly 13, 1906............................
law of Sept. 9 ,1 8 4 8 ................................................................................
law of Mar. 20, 1900....................................................................................
911
65,032
18,835
82,705
T o tal..............................................................................................................................
167,4S3
Per cent
of to tal.
8.8
22.3
47.6
49.8
As to the importance of the establishments inspected this can be
judged from the fact that in these establishments there were working
not less than 2,732,388 persons, or 64 per cent of the total workers
in all the establishments under the supervision of the inspectors.
Of the 622,618 children under 18 years old who were working in
the establishments under the control of the inspectors there were
408,711, or 65.6 per cent, in the establishments which had actually
been inspected. The average number of inspections per individual
inspector is reported as being not less than 1,500.
The following table gives the total number of inspectors and
inspections since 1894:
Year.
1894..........................................
1895..........................................
1896..........................................
1897..........................................
1898..........................................
1899..........................................
1900..........................................
1901..........................................
1902..........................................
Total
Total
num ber of num ber of
inspectors. inspections.
106
106
106
106
106
106
106
108
121
128,800
133,734
140,878
146,504
144, 485
145,911
145,132
146,180
152,185
Year.
1903........
1904................
1905........
1906...............
1907 . .
1908............
1909
1910............
1911
1Idem, p. XI.
T otal
Total
num ber of n u m b er of
inspectors. inspections.
121
121
122
128
128
133
139
139
142
170,116
167,224
166, 751
178,007
181,842
192,148
200,623
207,102
210,062
196
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
The inspectors received in 1911, 9,288 Written complaints, of which
4,578 were discovered to be unfounded. Of the 9,288 complaints
received 4,727 Were anonymous; nevertheless, 41.3 per cent of these
Were well founded. There were 1,716 from workers, 2,082 from labor
organizations, and the rest were from other persons, 95 being from
employers7 organizations.1
The actual number of inspections made by all the inspectors was
210,062, of which 170,072 were made during the day by the depart
ment inspectors and 732 at night; reinspections were made by the
department inspectors, amounting to 30,590 during the day and 1,966
at night, a total of 203,360 inspections made by the department
inspectors.
The eleven division inspectors made a total of 6,702 inspections, of
which there were 933 day inspections, 1 night inspection, 5,735 rein
spections during the day, and 33 night reinspections.
The inspectors gave special exemptions for work at night in 11
establishments, employing 275 young persons between 13 and 18
years old and 439 females above 18 years old. The inspectors also
gave exemptions in 325 estabhshments for work after 11 p. m. The
division inspectors gave exemptions to the decree of July 15, 1893,
for overtime work in 9,271 establishments, the number of hours over
time permitted being as follows:
Hours.
For children under 18 years
For women over 18 years. . .
For adult workers.
1, 662, 392
4, 090, 870
4, 615, 964
The division inspectors also gave 540,951 permits for Sunday work.
Working permits for children under 13 years of age were allowed
in 173 cases, affecting 378 boys and 379 girls.
The number of violations discovered by the inspectors were 27,615.
The number of protocols made were 6,774, and the fines imposed in
these cases amounted to 91,075 francs ($17,577.48). Of the violations
found by the inspectors 2,724 were those of the regulations as to keep
ing of work books, registers, etc.; 1,564 for posting of notices, etc.;
2,923 for the hours of work; 459 for exceeding the age for admission;
511 for unprotected machinery; 1,439 for nightwork; and 412 for
nonobservation of holiday law. Besides the violations found by the
inspectors, 4,226 violations were found by the judicial police officers,
and 1,640 protocols were made by them.
A total number of 474,396 accidents were reported; the largest
number amounting to 105,767 occurred in the metal industry. The
number of accidents in other industries are tabulated as follows:
In construction work......................................................................... 64, 308
In transportation................................................................................ 47, 325
In chemical industry......................................................................... 22, 011
i Idem, p. L X X X I.
197
FACTORY INSPECTION IN EUROPE---- FRANCE.
In
In
In
In
the food industry..........................................................................
the textile industry......................................................................
the wood industry........................................................................
metallurgical establishments.......................................................
25, 961
29, 062
29, 203
38, 998
Of the accidents reported 2,002 proved fatal, and in 5,449 cases
persons were permanently incapacitated. The classification of the
number of accidents according to the persons injured was as follows:
Male adults........................................................................................ 408, 860
Female adults................................................................................... 18, 940
Male persons under 18 years............................................................ 39, 965
Females under 18 years...................................................................
6, 631
Scientific and educational work o f the inspectors.
In spite of the fact that the number of inspectors is entirely out of
proportion to the number of industrial establishments, and in spite
of the wide scope of their work, many of them still found time for
considerable scientific work, as is evidenced by the publications of the
department of labor, in which some of the original work of the inspec
tors appears. One must also remember that most of the inspectors
are not scientifically trained engineers, as in Germany. The following
is a list of original contributions by the inspectors appearing in the
Bulletin of Inspection of Labor and Industrial Hygiene for 1912:1
1. A study on the industry of enameling metals in the region of the Ardennes and on
the hygienic measures used for the prevention of lead poisoning, by M. Cesar,
departmental factory inspector at Charleville.
2. A study on calculations for a plan to dispose of vapors by M. Monce, departmental
factory inspector at Paris.
3. A study on the ventilation of a workroom for the sorting of old paper in the wrap
ping paper factories, by M. Bailly, departmental factory inspector at Angouleme.
4. A study on dust protection in a workshop where the materials of a cut-glass factory
are mixed, by M. Aribout, departmental factory inspector at Paris.
5. A study on the ventilation of a glass factory and mechanical transportation of bot
tles, by M. Barral, division factory inspector at Lyons.
6. A study on the hygienic conditions of the workers in the turbin rooms of sugar works,
by M. Pierre Pouillot, departmental factory inspector at Paris.
7. A study on the protection of centrifugal linen drying machines, by M. Frois, depart
mental factory inspector at Paris.
8. A study on the prevention of the bursting of flywheels, by M. A. Le Brun, depart
mental factory inspector at Paris.
9. A study on two kinds of safety appliances for rag breaking machines, by M.
Pouyanne, departmental factory inspector at Elbeuf.
10. A study on apparatus for the prevention of dust in cotton carding factories, by
M. Magnier, departmental factory inspector at Rouen.
11. A study on the apparatus for protecting a fleshing machine.
12. A study on a certain number of German installations for carrying off dust, vapors,
and gases, by M. Boulin, division inspector at Lille.
13. A note on automatic machines for gathering up and blowing of glass for bottles,
by M. Martin, division factory inspector at Marseilles.
1 Bulletin de PInspection du Travail, 1912.
198
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
14. A study on means employed in Marseilles glassworks to protect glassworkers em
ployed in the proximity of furnaces against the heat and high temperature of
the work place, by M. Capoduro, departmental factory inspector at Marseilles.
15. A study on protection against high temperatures in glassworks, by M. Orliac,
departmental factory inspector at Amiens.
16. A study of the catching and removal of dust in the metal industry, and in particu
lar in polishing rooms, by M. Frois, departmental factory inspector at Paris.
17. A study on several kinds of guards used on mechanical presses for cutting, stamp
ing, and engraving metals, by M. Pouyanne, departmental factory inspector at
Elbeuf.
18. A study on the prevention of bisulphide of carbon gases in a factory for the vul
canizing of rubber, by M. Auribault, departmental factory inspector at Paris.
19. A study on a guard for a dough rolling machine, by M. Roth, departmental fac
tory inspector at Paris.
There is also considerable educational work being done by the
division inspectors by means of circulars and notices on tuberculosis
and dangerous trades which are posted in the factories. The depart
mental inspectors are not in the habit of lecturing to the employees
or to the employers and are discouraged from doing so.
CRITICISM OF THE ORGANIZATION AND W ORK OF THE INSPECTORS.
The organization and work of the labor inspectors is much dis
cussed by social workers, by representatives of labor organizations,
and others deeply interested in the subject. Reference has already
been made to some of the severe criticisms made by the representa
tives of labor in the English Parliament and also by the Social Demo
crat deputies in the German Reichstag as to the organization, effi
ciency, and methods of the work of the inspectors. In France the labor
deputies in the National Assembly do not hesitate to express their
radical views on this matter. There has been for a number of years
a strong agitation in official circles, especially among the members
of the Conseil Superieur du Travail, who have expressed their opin
ions as to the need of reform of the present inspectorial system in
France.
The Conseil Superieur du Travail has from time to time ordered
special investigations on the subject, and reports by Briat, Bourderon,
and others give the criticisms of those most competent to judge the
work and methods of French labor inspection.
The most interesting and important of these discussions took place
in Paris during March and April, 1908, before the French National
Association for Labor Legislation, a branch of the International Asso
ciation for Labor Legislation. Former Minister Millerand presided,
and the report was made by M. Eugene Petit, an attorney before the
court of appeals of Paris, and discussed by members of the association.
In view of the importance of the criticisms embraced in M. Petit’s
report, and the fact that very little has been done since this discus
sion to radically reorganize the department of labor inspection, it will
FACTORY INSPECTION IN EUROPE---- FRANCE.
199
be of interest to give here a resume of the criticisms of M. Petit of the
factory inspection of France, and the resolutions adopted by the asso
ciation as to the necessary measures for reform of labor inspection.1
M. Petit starts by quoting a declaration of M. Coupat, a member of
the Conseil Superieur du Travail, that “ nothing is so dangerous for
the laboring class as laws which are not enforced; for it is due to this
nonenforcement that the workers are driven to accept anarchist
doctrines.”
He then quotes Bourderon, who says, “ this nonenforcement leaves
the workers to believe that laws for their protection are purely deco
rative, since laws which may injure them are always strictly enforced.” 1
M. Petit speaks first on the subject of the insufficient number of
inspectors. He says “ The laws which are to be enforced are increas
ing each year without a corresponding increase in the number of
inspectors; that while the number of establishments in 1894 was
267,906, they have grown in 1906 to the enormous total of 548,225,
or nearly double; that the number of workers has increased 58 per
cent from 1894 to 1906; that the number of accidents which have
been reported (not including mines and quarries) has been increased
from 212,753 in 1903 to 306;860 in 1906. But in spite of this increase
in the scope and character of the work of the inspectors, the increase
in their number was very small— from 106 in 1892 and 1893 to 122 in
1905—so that while the number of inspectors has been increased only
20 per cent, the number of establishments has been doubled, and the
number of workers therein has been increased 58 per cent.”
“ What is the result of such a disproportion? Out of the total
number of 548,225 establishments to be inspected in 1906 there were
only 148,251 inspected, leaving 73 per cent, or nearly three-quarters,
of all the establishments totally neglected. Even if we take into
consideration the number of employees in the establishments inspected,
we shall find more than two-fifths of all the workers in establishments
which were not inspected, and 252,595 children under 18 years, or 43
per cent of the total, were among this number. This inequality of
inspection to its task is in France a constant anomaly, and one which
is continually aggravated. Ten years ago, in 1898, the inspectors
visited 40 per cent of the establishments and 70 per cent of the pro
tected persons; and now we have come to the point in 1906 where this
proportion has fallen to 27 per cent of the establishments and 56.5
per cent of the workers.”
“ Of course,” he continues, “ I know that the number of infrac
tions has increased from 6,033 in 1898 to 25,418 in 1900, but I leave
you to judge of the real reasons for such increase. Of course I know
that the number of visits are an incomplete criterion and imperfect
1 L a Reform e de 1’Inspection d u tra v a il en France.
Frangaise pour la protection legale des travailleurs.
R ap p o rt de M. Eug&ne P e tit, A ssociation N ationale
200
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
measure of the activity of the inspectors, but it is a criterion that must
be taken into consideration. In 1900 the director of labor told us
that according to his experience 1,200 visits a year was a proper
number for the inspectors; but at present we see that the inspectors
have made more than 1,400 visits.”
“ Is the increase in the number of inspections made at the cost
of the quality of inspection ? If we compare the number of inspec
tors in the labor department with the number of inspectors in the
mining division, we shall find that while there are 128 inspectors
to inspect 548,235 establishments with 3,864,007 workers therein,
there are in the mining division 175 inspectors outside of the
500 workmen mining inspectors for the inspection of only 38,912
establishments with 330,976 workers, of which 259,159 were found in
establishments which were inspected.”
He then proceeds to make a comparison of the quantity and quality
of inspections as well as the scope of the inspectorial work in Ger
many, England, Austria, and Belgium, and other countries, and finds
that France is much behind these countries in all respects. He comes
to the conclusion of M. Coupat, of the Conseil Superieur du Travail,
who said, “ Our country (France) is the poorest in means of exacting
enforcement and respect for the laws protecting labor.”
M. Petit then proceeds to a criticism of the insufficient traveling
expenses and allowances for office rent given to the inspectors and
claims that it immobilizes the inspectors, preventing them from
making sufficient inspectorial journeys and interfering with their
efficiency. He also points out that in France there is very little
cooperation of other agencies in the enforcement of the labor law,
while in England the local authorities and in Germany the police are
taking a great part in the work of enforcement of labor laws. He
shows that in 1904 the ordinary police found only 57 infractions of
the law in Paris and not one in the Provinces, and that in 1905 the
results were about the same. He says that the enforcement of labor
laws is not the affair of the police; they are incompetent; they do
not understand the labor laws nor the methods of enforcement; they
have too many irons in the fire to be troubled with labor inspection.
He also claims that the assistance given by the employers and
employers’ organizations to the inspectors is insufficient, and that a
great many of them are opposed to an increase of the inspectorial
service. He quotes from M. Troubat, an employer and member of
the Conseil Superieur du Travail and the president of the associations
of millers, who affirmed that the actual corps of inspectors was large
enough for the control of establishments, because 82 per cent of the
establishments are those having less than five workers, and hence
have merely a statistical interest. M. Petit criticises this attitude of
the employers, pointing out that 400,000 workers are concerned and
FACTORY INSPECTION IN EUROPE---- FRANCE.
201
that it is just in these smaller establishments that the laws of hygiene
and safety are most frequently violated.
In the opinion of other employers—for instance, M. Mortier, of the
Conseil Superieur du Travail— the inspectors are detestable op
pressors and enemies of liberty. M. Petit also brings out the fact
that in the vote of the Conseil Superieur du Travail several members
abstained from voting for an increase in the number of inspectors
because of a question of administration and very ironically remarks
that if it were a question of the increase of police to protect the em
ployers7 persons and property, their vote would have been different.
M. Petit summarizes the results of the insufficient number of
inspectors thus: It brings legitimate discontent to the workers who
see themselves menaced in their health and lives by the lack of
supervision which has been promised as their due. It also results
in the fatigue and in the discouragement of the inspectors who find
themselves unequal to the task. The results are also the inefficiency
of the rare visits of inspections which are too rapid and too hurried,
and, what is most important, the inequality and nonuniformity in the
enforcement of the laws for the protection of labor, which leads a great
many of the inspectors to exclaim, “ No inspection at all or inspection
for all ”
He then proceeds to the discussion of the judicial procedure and
the difficulty of obtaining penalties heavy enough to prevent viola
tions of the law. He says, “ That it is evident that no matter how
large the number of inspectors may be or how well they are organ
ized, the work will be inefficient if the employers are let out very
cheaply when they are caught violating the law. This condition,
M. Petit says, can not be remedied either by the vigilance of the
inspectors or by increasing their number. He quotes several court
decisions on the subject of posting notices, etc., by which the work
of the inspectors has been entirely nullified.
In regard to nightwork, inspection has been similarly nullified by a
court decision, that inspectors can not enter a factory unless they
are sure that night work is being done; but how can they find out
unless they go into it? Such situations, he adds, are the games of
rulers and judges, whose cost is borne by the workers. M. Petit also
satirically compares the penalties with those imposed by magistrates
for food adulterations, and claims that the workers are entitled to at
least as much protection as prunes. He further states that in 1905
the total amount of penalties imposed for 25,599 violations was only
93,416 francs ($18,029.29), or about 3 francs and 65 centimes (70
cents) for each violation.
Coming to the question of the incompetence of the inspectors and
the method of their selection, M. Petit has the following to say:
“ W e do not only claim that inspectors are insufficient in number
but also that they are incompetent; that they are lacking in the
202
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
technical and practical knowledge indispensable to the exercising of
their functions; that there are some among them who can not dis
cover violations relating to h}^giene and security of the workers, who
do not know the remedies for these violations, nor are equal to finding
out all the subterfuges used by employers to evade inspection.”
He says that “ the opinion among the workers on this question is
undoubted/’ and that M. Coupat, in his report to the Conseil Superieur
du Travail, cited facts which give examples of enormous mistakes of
the inspectors. He mentions especially one where an inspector mis
took a gas pipe for a belt shifter. He also cited the general opinion
that the competence of inspectors leaves much to be desired; that
there are very few model inspectors, etc.
This contention of M. Coupat was regarded by M. Fontaine as
somewhat exaggerated, and M. Petit quotes M. Troubat, the employer
member of the Conseil, as saying that the inspectors possess the knowl
edge necessary for all industries, and that they are able to answer
all questions without difficulty.
M. Petit replied that this is too good to be true; that when the
employers think so much of labor inspectors it is an evil sign. He
does not deny that there are a number of inspectors who are doing
good work, as may be judged from their original contributions to
the Bulletin de Flnspection du Travail, but that the number of such
inspectors is small.
He proceeds to a severe arraignment of the present organization
of labor inspection in France, of its lack of uniformity, of the fact
that there is no general head of the whole department, that there
are no specialists in branches of industrial hygiene, and that there are
no physicians and medical inspectors or technical specialists in other
branches as in other countries. He also criticizes very severely the
present methods of selection from civil-service examinations to which
the inspectors are subject.
The discussion of M. Petit’s report discloses a general admission
of most of the points of his criticisms. After long discussion the
following resolutions were adopted by the association: 1
1. The association, renewing the resolution already passed in its
session of March, 1904, resolves that the Chamber of Deputies sub
stitute for the granting of exemptions from the legal hours of labor
a system of notices for that of authorization by the division inspector.
2. That the traveling expenses allowed to inspectors be placed at
a sufficiently high figure, so that the activity of these officials may
not be suspended before the end of each year by reason of an insuffi
cient amount.
3. That the factory inspectors, while using as circumstances per
mit, the friendly cooperation of industrial associations founded for
the purpose of securing better hygiene and safety in the workshops
1 L a Reforme d e l’Inspection du tra v a il en F ran ce. R ap p o rt de M. Eugene P e tit, A ssociation N ationale
Frangaise p o u r la pro tectio n legale des trav ailleu rs, p. 283.
FACTORY INSPECTION IN EUROPE---- FRANCE.
203
shall not neglect a supervision with which they have been charged,
and for which they must keep the entire responsibility.
4. That the number of inspectors shall be increased and that wTith
the least possible delay a method shall be devised whereby estab
lishments employing more than five workers may be visited at least
once a year, the others at least once every three years, and that
appeals for the help of the police to insure enforcement of the law
shall be made only in the smallest possible measure.
5. That more frequent conferences of division inspectors held under
the auspices of the Minister of Labor will assure greater uniformity
in the application of laws regulating labor.
6. That the efforts of the inspection service to enforce respect for
the laws regulating labor may not be partially annulled by the peri
odical passage of laws of exemption.
7. The association voted “ n o ” on the proposition for a double
examination for appointment to the inspection service.
8. The association voted “ n o ” on the proposition to create a corps
of technical underinspectors for labor.
9. That the minister of labor specially appoint, according to need,
special inspectors for certain districts.
10. That practical methods should be studied for the purpose of
avoiding the construction of new factories without having taken the
necessary hygienic precautions or without having reserved means
for carrying out these precautions; that in those industries classed
as dangerous or unhealthy in the case o f construction or reconstruc
tion, total or partial, of an establishment coming tinder the inspection
law, the plans shall be presented to the bureau of inspection in order
that, before the actual building of the works, the bureau may give
its advice on the necessary steps to be taken for the purpose of insur
ing the health and safety of the workers in conformity to the law of
June 12, 1893, and July 11, 1903.
11. That the issuance of certificates of physical fitness provided for
by paragraphs 3 and 4, Article II of the law of November 2, 1892,
shall take place after the physician shall have become personally ac
quainted with the localities in wdiich the young worker is or will be
employed, and of the nature of work at which he is or will be employed.
12. That the doctors connected with the factory inspection shall be
given charge of the issuance of certificates of physical fitness, and
shall also cooperate in making sanitary inspections of the premises,
processes, or methods of work whenever this shall be required of
them by the factory inspectors.
METHODS OF INSPECTION.
The French department of labor inspection can not be said to have
a centralized form of organization, although it has a chief of the
bureau of inspectorial service under the director of labor. The chief
of the bureau of inspection receives all the reports from the division
inspectors, tabulates them and prepares them for the publications
of the bureau of inspection. He does not seem to exercise any
supervisory functions over the division inspectors, except in so far
as he checks off their work, their clerical activities and expense
accounts, and takes charge of the publication of their reports.
204
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Each of the 11 division inspectors is the real head of his territory
and has sole executive power over the departmental inspectors in his
district. Uniformity of work is insured by the Conseil Superieur du
Travail, assisted by the annual conferences of the division inspectors,
at which matters of service, uniformity of procedure, etc., are dis
cussed. The meager allowances made to division inspectors for
office rent compels them to have very small offices. Thus, the office
of the division inspector of Paris consists of two small rooms, with
one clerk, without any system of catalogue cards or any of the modern
appliances of a model office.
The division inspectors, besides having general supervision over
departmental inspectors, make quite a number of inspections them
selves. As a rule, these visits are made on complaint or to specially
dangerous establishments, or whenever some matter comes up
which makes advisable a reinspection by a person of greater experi
ence and knowledge. .The division inspectors, having come up from
the ranks are usually experienced men, and a number of them are
highly technically trained men.
The extent of their supervision over the departmental inspectors
is not very-great since they do not require the inspectors to report
to them frequently. Some of the inspectors do not report for weeks,
or months, as no special reporting day or time is appointed. They
receive monthly and trimonthly reports from the departmental
inspectors, but do not supervise their daily work. No “ dossier”
or record of each establishment is kept either by the division or by
the departmental inspectors. A record is kept only of the viola
tions, summonses, and the general number of the visits made by the
inspectors.
The offices of the departmental inspectors are in their homes,
as they do not receive any allowance for the rental of offices. The
departmental inspector lives in his district and his residence is
designated on the registers and notices posted in each industrial
establishment. As already noted, he does not report to the division
office except on very rare occasions— all his communications with the
central office being in written form. He has much clerical work
to do— in filling in all the forms, making out the registers, notices,
protocols, summonses, and other reports. The routine arrangement
of his daily work is at his own discretion; some of the inspectors
remain in their homes from the morning until 1 p. m., attending
to clerical work and perhaps to interviews with employers and to
complaints, then go out into their field of inspection in the after
noon and work in their districts three or four hours. Night in
spections are rarely made, as the right of inspectors to enter estab
lishments at night to discover whether work is being done is not }^et
FACTORY INSPECTION IN EUROPE---- FRANCE.
205
determined. Before inspectors can enter industrial establishments
at night they must be sure that work is being done, and they are often
refused admittance on tbe plea that no work is going on.
Department inspectors make from 1,200 to 1,500. inspections a
year, besides receiving the reports of from 2,000 to 3,000 accidents
in each district and doing clerical and other work.
The inspectors make no scientific tests whatever of air, light,
ventilation,^ etc., and no special methods of inspection are used by
them even in the inspection of establishments which are classed as
dangerous, unhealthy, or obnoxious. There are no medical factory
inspectors in France, and the inspection of dangerous trades there
fore leaves much to be desired, in spite of the very detailed classifica
tion of dangerous trades and the abundance of laws and regulations,
general and special, concerning these establishments.
The general methods of inspection do not differ from the methods
universally pursued by inspectors. They consist, as in other
countries, in the inspection of registers, notices, etc., on entrance into
establishments, in the inspection of the protected persons, in the
examination of sanitary conditions in the establishment, safety
appliances, etc. One peculiarity of the methods of French inspectors
is the division of the establishments into four classes, according
to the laws which apply to the establishments or to the persons
inspected. The inspection must separately state the persons under
the protection of each law. This is illustrated by the following
card of inspection:
Name of the establishment.....................................................................
Kind of establishment.............................................................................
Address.....................................................................................................
Dates of visits..........................................................................................
Law of March 30, 1900: Children between 12 and 13 y ea rs,......... ;
children between 13 and 18 years,......... ; adult fem ales,...........;
adult males,...........
Law of September 9, 1848: Male adults,...........
Law of June 12,1893 (modified 1903): Persons under 18 years,......... ;
adult fem ales,......... ; adult m ales,............
Law of July 13, 1906: Persons under 18 years, ......... ; female
adults,......... ; male adults,............
Total number of persons.........................................................................
Table of working hours: Time of beginning, ......... ; time when
finished,......... ; pauses,............
Duration of work of adult m ales,..........................................................
Rules for weekly pauses,.......................................................................
Work book s,............................................................................................
State of hygiene and safety,..................................................................
Motor power (horsepower): Steam, ......... ; hydraulic, .......... ;
oth er,...........
Remarks:.................................................................................................
Under this heading the inspector must make all interesting indications concerning
the establishments; schedules of hours of labor subsequently sent to the service,
protocols, formal summonses, observations made in the course of visits, exemptions
granted or in force, etc.
206
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
Another card gives the form of the visits made by the inspectors.
A special form for the reports of all establishments inspected during
the month requires statistics in detail of the inspections made by day
and night and the reinspections made, being a summary of the indi
vidual cards described above.
Another form gives a summary of the departmental inspectors’
work to the division inspector every three months.
Special forms are used by the inspectors for (a ) indication of an
intended journey in his district, giving the dates, the localities, and
addresses where he expects to be; (b) a detailed report of the expenses
of the journey, including railroad travel, tramway, or public trans
portation, individual transportation, and the daily allowances to
which he is entitled.
The notices of accidents which come to the inspectors are reported
on a special form, entitled “ Statistics of accidents for a special divi
sion, arrondissement, etc.” The report contains the following items:
Designation of the establishment.
Address of the establishment.
Causes of the accident in detail.
The injuries caused by the accident.
Age and sex of the victim.
Investigations made concerning the accident.
A trimonthly report is made by the inspector of the number of
accidents and the industries in which these accidents have occurred.
Unimportant violations, such as may readily be remedied, are, as
a rule, not followed either by written notices or by formal reports
( protocoles). The inspector knows most of the establishments and
employers in his district, and on his visit usually gives them verbal
notice of slight defects which are easily remedied, and for which no
special order is needed. In case, however, of violations of the child
or female labor law, or of important defects in the sanitation and
safety of the establishment, the inspector usually gives written notices
to the employer, stating the conditions found contrary to the provi
sions of the law. If the violations are of greater importance, the
inspector writes a formal report (protocole), or what is called ‘ ‘Proces
verbal,” and sends a duplicate of this to the division inspector and
to the prosecutor for further action. The proces verbal reads as
follows :
In the year 19___ , o n .......... d a te ........... hour, we inspected the
establishment, located a t ......... , owned b y ...................... , and have
found conditions to be as follows:
(T h e conditions co n trary to the law are enum erated and the form fu rth er proceeds
as follows:)
According to the law these are contraventions of the articles
......... , and we are serving this proces verbal o n .......... (date).
(Signed)
......................,
Departmental inspector.
FACTORY INSPECTION IN EUROPE---- FRANCE.
20-7
The inspector keeps on a special form a summary of all the proces
verbaux he has made during the month.
The form of the report which he sends to the prosecutor is as fol
lows:
Report No........ transmitted to the State’s attorney a t ........................
Name and title of inspector who made the report.................................
Name of the delinquent..................................... Nature of the con
travention .................................... Date of the report......................
Measures taken in the matter ..................................... Date and
terms of the judgment..................................... Time limit fixed
for compliance with the protective and hygienic measures pre
scribed in the judgment.....................................
Remarks:................................................................................
Inspectors are usually called as witnesses in prosecutions held
before magistrates and the division inspectors keep close track of
the prosecutions and proces verbaux of the departmental inspectors.
Certain exemptions may be given for the employment of children
between 13 and 18 years. The notice sent to the division inspector
is in the following form :
I have the honor to inform the division inspector that M r ..........
......... ? living a t ....................... , is authorized to employ during
......... hours per d a y ........... (number of) children between 13 and
18 years of a g e :......... (number of) females, commencing a t ...........
hour in the morning and closing a t ......... in the evening, with a
pause o f ......... This authorization is for a ......... period.
(Signed)
....................
Departmental Inspector.
A table of the hours of work is usually posted in the establishment
in the following form:
Establishment of...........................................................................
Kind...............................................................................................
Address...........................................................................................
DURATION OF W O RK FOR ONE D A Y ..............TEN H OU R S.
TIM E-TABLE.
Hours of actual work....................................................................
In winter................................................................................
In summer..............................................................................
Hour of commencing work...........................................................
Hour of finishing work.................................................................
First pause.....................................................................................
Second pause.................................................................................
Other pauses..................................................................................
(Signed)
.............
208
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
STANDARDS.
The owner of each establishment is obliged to keep a register of
the protected persons in the establishment, and on the covers of this
register are published extracts from the labor laws and also the
standards which have been adopted by the inspectors as to the
hygiene and sanitation of the workers, according to a decree of
November 29, 1904. The following are the most important standards:
1. All work places must be kept in a constant state of cleanliness;
floors must be thoroughly cleaned at least once a day, either before
the opening or after the closing of the factory; but never during the
working period. This cleaning may be done either by washing or
may be done with brooms or damp cloths, if the conditions of opera
tion or the character of the covering of the floor makes it impossible
to wash it. Walls and ceilings must be frequently cleaned. Walls
must be plastered as often as is necessary.
2. In all places where work is carried on with decomposing organic
matter the floor must be made impermeable and must be always
level; the walls must be covered with some material which permits
them to be well washed. In addition to this, the floors and the walls
must be washed as often as is necessary with a disinfecting solution.
A thorough scouring with the same solution must be given them at
least once a year. No decaying matter must ever be kept in the work
places, but must be removed by degrees, unless it is kept in metal
receptacles, hermetically sealed, which must be emptied and cleaned
at least once a day.
3. The air of workshops and all other work places must be kept
constantly free from all emanations from drains, cesspools, waterclosets, or any other source of pollution. In establishments which
discharge waste water into a public or private sewer all communi
cation between the sewer and the establishment must be guarded
against by a hydraulic interceptor which must be sufficiently cleaned
and washed at least once a day. Sinks must be sloped in the direc
tion of the waste pipe and be cared for in such a way that there is no
odor from them. They must be made of impermeable material and
well joined. Work in cisterns, gas tanks, chimneys, sewers, cellars,
or other places which may contain poisonous gases must not be
undertaken until after the atmosphere has been cleaned by sufficient
ventilation. Workers who are employed under such conditions must
be provided with safety belts.
4. The toilets must not communicate directly with any inclosed
work places. They must be well lighted and cleaned so that no odor
is perceptible. The floors and walls must be made of impermeable
material, and all the painting must be light in color. There must
be at least one water-closet for 50 people and a sufficient number of
urinals. No open sewer or similar arrangement may be established,
except by the authorization of the administration under conditions
provided by it.
5. No inclosed work place shall be crowded; the cubic air space for
each person employed must never be less than 7 cubic meters [247.2
cubic feet]. The cubic air space for each person employed in laborato
ries, kitchens, or sheds for storing wine must never be less than 10 cubic
meters [353.1 cubic feet]; the same amount is also required in stores,
FACTORY INSPECTION IN EUROPE---- FRANCE.
209
shops, and offices which are open to the public. A notice must be
affixed in each work place indicating its capacity in cubic meters. All
inclosed work places must be w^ell aired and in winter properly
heated. They must be provided with windows or other openings
which are directly connected with the outer air. The ventilation
must be sufficient to prevent too great a rise in temperature. These
work places and their dependencies, especially halls and stairways,
must be well lighted. Yard guards must be provided with a shelter,
and during winter some means of heating it.
6. Dust and gases which are disagreeable, unhealthy, or poisonous
must be immediately drawn off away from the work places in propor
tion to their generation. For steam, vapors, gas, or light dust, fun
nels connected with the chimney must be installed or some similar
means of elimination. For dust from mill wheels, grinding and crush
ing machinery, and all other dust-producing mechanical apparatus
there must be installed drums which are connected with a mechanical
suction system. Heavy gases, such as mercuric vapors or sulphuric
carbide, must be drawn off downward, and the tables or apparatus
must be kept in direct communication with the ventilator. The pow
dering of irritating or poisonous materials or other operations, such as
sifting or packing, must be done mechanically in a closed apparatus.
The air in workshops must be renewed in such a way that it remain
sufficiently pure for the health of the workers.
7. In industries specified by ministerial decree, according to the
advice of the consulting committee of arts and manufactures, vapors,
gases, and dust must be condensed or destroyed.
8. Employees must never eat their meals in the work places. At
the same time permission to take their meals there may be granted in
case of need and after investigation by the division inspector under the
following conditions: If the operation carried on does not necessitate
the employment of poisonous substances; if it does not give off any
kind of disagreeable, unhealthy, or poisonous gas or dust; if the
other hygienic conditions are satisfactory. Employers must place
at the disposition of their workers proper arrangements for cleanli
ness, dressing rooms with washbasins, as well as provide pure drinking
water.
9. During the pauses of work the air of the work places must be
entirely renewed.
10. Steam, gas, or electrical motors, hydraulic presses, or turbines
must not be approached except by those workers who have charge of
them. They must be separated by guards or protection barriers.
Passages between machines, motors, or instruments driven by these
motors must be at least 80 centimeters [31.50 inches] wide; the ground
between them must be level. The stairways must be solid and
guarded with strong balustrades. All wells, traps, cellars, basins, or
reservoirs containing corrosive or hot materials must be provided
with solid railings. Scaffolds must be provided on all sides with solid
railings 90 centimeters [35.43 inches] high. Gangways for loading
or unloading ships must be made in one piece and must be provided
with railings on two sides.
11. All elevators must be arranged in such a way that the elevator
shaft shall be entirely inclosed and the closing of the entrance to the
shaft on each floor must be automatic, so that nothing can fall from
32447°—Bull. 142—14------14
210
BULLETIN OF THE BUREAU OF LABOR STATISTICS,.
the elevator into the shaft. The load for passenger elevators must
be calculated at one-third of that allowed for the carrying of freight,
and elevators must be provided with brakes and other safeguards.
All elevators must carry an indication of the maximum weight which
they are allowed to lift.
Articles 12, 13, 14, and 15 contain some general statements in
regard to safeguarding machinery, pulleys, flywheels, etc.
16. (a) Exits: The doors of workshops, offices, or warehouses where
more than 10 workers are employed, and the doors of all workshops,
stores, or offices where inflammable materials are manipulated must
open outward, whether they open on courts, vestibules, etc., or other
interior passageways, or whether they open directly out-of-doors.
In the latter case this measure is not obligatory unless it is con
sidered necessary for safety. In case of difference of opinion on
this subject between the heads of the establishment and the inspectors,
it must be determined by a decision with the Ministry of Labor. If
the doors open on a hall or a stairway, they must be arranged in such
a way that when they are opened they do not project upon the
passageway. There must be a sufficient number of exits to allow
the establishments to be emptied rapidly. These exits must be
always kept unencumbered and free from merchandise, materials,
or other objects. In large establishments plain inscriptions must
)oint the way to the nearest exit. In addition, if the workshops are
ighted by electricity, these exits must have a safety light. In work
shops, stores, or bureaus where inflammable materials are handled,
no habitual work place must be farther than 10 meters [32.8 feet] from
an exit. Exits which are not continuously used during the working
periods must open very easily from within, and must be indicated by
a notice of “ safety exit” written in large letters. In workshops,
stores, or bureaus where inflammable materials are handled, the bars
or gratings of all windows must be very easily opened from within.
(b) Stairways: Stairways leading to places of work must be con
structed of incombustible material, either of wood covered with
plaster at least 3 centimeters [1.2 inches] thick, or protected by some
other covering of similar character. The number of stairways must
be calculated in such a way that the emptying of all floors of a building
containing workrooms can take place immediately. Every stairway
having to serve for the simultaneous exit for 20 persons or more
must have a minimum width of 1 meter [3.3 feet]; this width must
be increased by 15 centimeters [5.9 inches] for each new group of
employees from 1 to 50. The decision of the Ministre du Travail
et de la Prevoyance Sociale, handed down after a consultation with
the comite des arts et manufactures, can always, if necessary, prescribe
a minimum number of two stairways.
The minimum width of interior passageways and of halls leading
to stairways may be determined according to the rule stated above
for stairways.
These passageways and hallways must be kept free from all encum
brances.
17. (a) Lighting and heating: Employers are forbidden to use as
a means of lighting and heating any liquid which at a temperature
below 35°C. [95° F.] gives off inflammable vapors unless the appara
tus containing the liquid is securely fastened during work. The part
!
FACTORY INSPECTION IN EUROPE---- FRANCE.
211
of this apparatus which holds the liquid must be impermeable, so that
all leakage of the liquid is avoided. While the workers are in the
factory the filling of such apparatus either in the workrooms or on the
passages or stairways must not be done except by the light of day,
and on the condition that no open fire in the workroom is burning.
The pipes carrying the gas to the apparatus for lighting and heating
must either be made of metal or covered with metal, or in some way
securely protected by some incombustible material. The flames of
lighting or portable heating apparatus must be distant vertically at
least 1 meter [3.3 feet] and laterally at least 30 centimeters [11.8
inches] from all combustible parts of the construction of the room,
from furniture, and from materials stored in the workroom. Lesser
distances as regards walls and ceilings may be tolerated only in case
of necessity when some incombustible material is interposed which
does not touch the partition to be protected. Portable lighting
apparatus must have a stable and solid support; fixed as well as
portable lighting apparatus must, when necessary, be provided with
a glass or a globe or some metallic netting or other protective device
which will prevent the flame from coming into contact with inflamma
ble materials. All inflammable liquids as well as rags or cotton
soaked with such liquids or greasy substances must be kept in closed
metallic receptacles. Such receptacles, as well as gas meters, re
ceptacles for oil and refined petroleum, must be kept in separate
rooms and never in the vicinity of halls or stairways. In establish
ments lighted by electricity the heads of the establishment must, in
addition, conform to all the prescriptions coming under the applica
tion of article 3 of the law of June 12, 1893, modified by the law of
July 11, 1903.
(b)
Orders in case of fire: The heads of the establishment must
take necessary measures so that in the interest of the safety of the
workers the beginnings of a fire may be rapidly combatted. Notice
must be fixed in every workroom indicating the means for the
extinction of fire and for safety and the methods to follow in case of
fire, with the names of the persons who must take part in these
maneuvers. This notice must prescribe visits and periodical trials
made for the purpose of discovering whether the material is in good
condition and whether the workers are prepared to use it. This
notice must be communicated to the bureau of labor inspection and
the head of the establishment must oversee its enforcement.
18. Men and women workers who labor near machines must not
wear loose or floating garments.
19. A ministerial decree, according to the nature of the factory,
shall determine which of the provisions of the decree at present
enforced must be posted.
20. The Ministre du Travail et de la Prevoyance Sociale may, by
an order issued upon the report of the factory inspectors, and after
consultation with the Comite Consultatif des Arts et Manufactures
permit an establishment to dispense either permanently or tempo
rarily with all or with a part of the provisions of article 1 (sec. 3),
article 5 (secs. 2 and 5), article 9, article 10 (sec. 6), and article 16 (a)
last paragraph, (b) next to the last paragraph, in case it is recognized
that the application of these provisions is practically impossible and
that the hygiene and security of the workers are assured in a manner
at least equivalent to that provided by the present decree.
AUSTRIA.
SCOPE AND EXTENT OF PRESENT FACTORY LEGISLATION.
Legislation for the protection of workers in factories in Austria
is based upon the law of 1852, the Industrial Code of 1859, and the
Revised Industrial Code of 1885. The present form of administra
tion of the labor laws dates its beginning from the act of 1883.
As in other countries the early beginning of labor legislation as
well as of administration may be traced to the end of the eighteenth
century. In a law (chancellor’s decree) of September 28, 1786, some
regulations may be found in regard to factory apprentices, providing
for separation of dormitories for the sexes, one child apprentice to
each bed, washing and bathing once a week, etc.
A chancellor’s decree of February 18, 1787, amplifies the provi
sions of the former decree and stipulates that children under 9
shall not, without special need, be employed in factories.
In 1805 the compulsory 6-year-school-attendance law was enacted,
limiting the work of children under 12 years of age.
The law of March 12, 1816, is an extension of former orders. It
amplifies the former provisions for the protection of child workers
and is justified in the following language:
As the danger of crippling and neglect of children is doubly great
in factories, it is expected that the special attention of the physicians
should be given to all the foregoing provisions.
Little extension of labor legislation is found after 1816 until the
promulgation of the chancellor’s decree of June 11, 1842, which may
be regarded as the first important attempt at protection of workers
in factories. This decree limited the work of children under 12
years, but permitted children over 9 to work if they had had three
years’ previous schooling. The hours of labor were limited to
10 for children from 9 to 12, and 12 for those over 12 years of age;
night work between 9 p. m. and 5 a. m. was prohibited; one hour
midday pause was allowed. A list of child workers was to be kept.
In 1846 the law was further extended by increasing the time
allowed for pauses and also providing for medical examination of
children under 12 when necessary. In the same year, by special
act, provision was made for limiting the work of children in phosphorus
match factories.
In 1854 the first law for the protection of workers in mines was
passed and on December 20, 1859, the first Industrial Code relating
212
FACTORY INSPECTION IN EUROPE---- AUSTRIA.
213
to larger establishments having more than 20 persons working therein
was decreed. Child labor was prohibited before 10 years of age;
the work of children between 10 and 14 was limited to 10 hours
and of those between 14 and 16 to 12 hours. Children between
10 and 12 years could work only by special request of parents and
by permit granted by the local authorities. Owners of factories
were required to keep a register of their employees and violations
of the law were followed either by a fine, or, if repeated, by a with
drawal of the right to employ workers.
Between 1859 and 1885 there were a great many attempts to
further extend protection to workers by legislation; but very
little was done until the enactment in 1885 of the new Industrial
Code (Gewerbeordnung) upon which the present labor legislation of
Austria has been established.
The laws for the protection of workers were not properly admin
istered or enforced until the institution of factory inspection in 1883.
One must note,, however, that factory inspection is a very old insti
tution in Austria. It existed in the Province of Bohemia as early
as 1757, but was then abolished in 1772, Ministerial instructions of
1808 give the following as the functions of the inspectors, vi£— to
visit masters and factories; to inspect new tools and machines; and
generally to study industrial processes and products.
In a court decree of November 6, 1810, mention is made of an
inspector, of Kommissars, and clerks. It is true that the functions
of the early factory inspectors were not really to protect the laborers
themselves or the child workers, but to regulate industrial produc
tion, although by an order of March 12, 1816, the functions of the
inspectors were extended to the then existing child labor protective
laws. This institution, however, ceased to exist in 1825.1
The enforcement of the law of 1842 was given to the local authori
ties consisting of the administrative police, of the district school
superintendents, and of the local clergymen.
In 1845 there were shown to be 5,590 school children among the
38,124 workers in cotton-printing factories.
Generally it was admitted that the laws of 1842, 1846, and 1859
remained dead letters; that the exploitation of the workers by the
employers was continued; that child labor was common and that
there was little attempt at the enforcement of the provisions of the
various acts.
In 1869 a deputy, Dr. Roser, advocated factory inspection on the
plan then in force in England and France. From that time until
1883, when the factory inspection department was established, the
agitation for such an institution was strenuously continued and the
Government urged to establish and organize factory inspection.
1 H istorical d a ta from A. Lukinas: Die G ew erbe-Inspektion in O sterreich.
V ienna, 1908.
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
SC O PE O F T H E IN D U STRIA L CO DE.
The present Industrial Code of Austria is based on the text issued
by the ministers of commerce and interior on August 16, 1907, and
consists in the consolidation of various previous acts, as follows:
December, 20, 1859; March 15, 1883; March 8, 1885; June 16, 1895;
July 4, 1896; November 27, 1896; February 23, 1897; February 25,
1902; July 22, 1902; July 18, 1905; February 5, 1907.
Besides these laws there are a number of decrees and orders embraced
in the second part of the Industrial Code.
The Industrial Code of Austria is divided into 10 chapters and
152 articles.
Chapter I gives the main provisions of the division of trades into
the three classes— (a) free trades, (b) handicraft trades, and (c)
licensed trades.
Handicraft trades are those for which a certain apprenticeship and
experience is necessary.
The code mentions 54 such trades or groups of trades to which
belong various handicrafts from glaziers, blacksmiths, etc., to bakers,
soap makers, painters, etc. Besides these a certain number of handi
crafts are included in this group b}^ ministerial orders. The character
of the handicrafts may vary in different Provinces and Government
districts. Commercial trades and factory establishments are excluded
from handicraft trades, while the home industry is regulated by other
laws.
The law does not give a definition of a factory establishment. By
factory or factory establishments (fabrik, fabrikmassig) are usually
meant only such establishments as carry on an extensive production
or refining of industrial products; and where not less than 20
workers are employed, where special machinery run by motor power
is found, and in which a certain division of labor is prevalent. This
definition is, however, subject to judicial interpretation, and there
have been more than 50 court decisions as to the designation of
various plants by the term “ factory.”
Under the term “ licensed trades” are included such as require, in
consideration of public health, a special authorization.
“ Free trades” are those which are not included in the former two
classes.
Chapter II deals with the conditions of independent industrial pro
duction. These conditions differ according to the class of trade.
Chapter III treats of the need of authorization for certain specially
dangerous industries. It also deals with the various procedures for
applying for and granting of authorization for certain trades.
Chapter IV deals with the extent and utilization of the rights to the
conduct of industry.
Chapter V treats of markets and their control.
FACTORY INSPECTION IN EUROPE---- AUSTRIA.
215
Chapter V II deals with trade associations.
Chapter V III gives provisions for violations and penalties for same.
Chapter I X deals with special administrative procedures.
Chapter X provides for the various industrial authorizations and
instances.
The most important chapter is the sixth, which deals with protec
tion of industrial employees (Hilfsarbeiter). Practically all the
provisions for child and female labor are found in this chapter, also
the details for the conduct of industries in relation to their personnel,
and the main provisions as to the sanitary and health conditions of the
establishments.
PROVISIONS OF THE INDUSTRIAL CODE FOR THE PROTECTION OF W O M E N AND
CHILDREN.
The provisions regulating hours of employment, the limitation of
work, and other conditions for the work of women and children are
contained in articles 93, 94, 95, and 96 of this chapter. Article 94
consists of the following provisions:
(1) The prohibition of children from working before the comple
tion of 12 years of age.
(2) Young persons between 12 and 14 years of age may work in
industries if their health is not injured by the work, and it
does not prevent their bodily development or interfere with
the legal school requirements.
(3) The duration of work of these young employees must not exceed
eight hours.
The ministers of commerce and interior may interpret and amplify
these provisions, also designate those industries in which young per
sons and women may not wx>rk at all or only under certain conditions.
(4) Women must not be allowed to work within four weeks after
parturition.
Article 95 deals with night work, prohibiting the regular industrial
employment of young persons under 16 years of age between the
hours of 8 p. m. and 5 a. m. This section is also subject to ministerial
orders and regulations, and a number of such have been issued relating
to silk factories, hotels and taverns, baking industry, etc.
Article 96 deals with—
(1) The keeping of certain registers for young employees.
(2) The limitation of the daily hours of labor of all employees in
factory establishments to not more than 11 hours within 24 hours.
The ministers are allowed to make exceptions to this rule in case of
need. Overtime is to be properly remunerated. There are quite a
number of exceptions or exemptions to this part of the article.
A section of this article, designated as 96b, provides also that—
(a)
Children may not be employed regularly in factory establish
ments before reaching 14 years of age.
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
(6)
Young persons between 14 and 16 years of age may be em
ployed only at light work which is not injurious to health, or does
not interfere with their physical development.
(c)
Women are included in the same provisions as young persons
as far as their exclusion from night work in factory plants is concerned.
The ministers are given power to make certain exceptions as to
night work for young persons between 14 and 16 years of age and
for women; and in the exercise of this power special rulings have been
made as to ironworks, cleaning of feathers for pillows, glassworks,
machine lace manufacture, fez manufacture, paper, sugar, preserves,
and enameled ware and textile manufacture.1
PROVISIONS OF THE INDUSTRIAL CODE CONCERNING INDUSTRIAL CONDITIONS.
The provisions for prevention of accidents, regulation of dangerous
trades, and all sanitary regulations in factories and workshops are
based upon article 74 in Chapter VI. This article reads as follows:3
1. Every employer shall be obligated to provide and maintain at
his own expense such sanitary arrangements and other appliances
as the nature of the industry or working place requires for the pro
tection of the lives and health of the employees.
2. Industrial employers must in particular see to it that machines,
appliances, and their parts are so fenced in or protected that workmen,
so long as they observe the required precautions in performing their
work, are not easily liable to injury.
3. It is also the duty of industrial employers to see that during
working hours the workrooms shall be kept as well lighted, clean,
and free from dust as possible, according to the nature of the industry,
and that if necessary the workrooms shall be sufficiently illuminated
by artificial light, and that they shall be ventilated according to the
number of workers and illuminating appliances and counter acting
all possible influence of injurious gases, and further that operation
shall be so arranged that the health of the employees is protected as
much as possible.
4. Industrial employers who furnish housing accommodations to
their employees must take care that only such rooms are used for
this purpose as are not likel}r to injure the physical safety, health, and
morals of the employees, and in which a sufficient quantity of pure
water for drinking and other purposes is available, as far as local
conditions permit.
5. Finally, employers who employ women and girls and young
persons under 18 years of age are obligated to properly safeguard
their morals, as required by age and sex.
The above provisions of article 74 are the basis of numerous rules,
regulations, and ministerial orders, as well as of court decisions which
have from time to time been issued to elucidate, amplify, and interpret
1 F o r fu rth er provisions as to child labor, see Child L abor Legislation in Europe, in B ulletin of th e U . S.
B u reau of Labor, No. 89, Ju ly , 1910.
2 T he provisions quoted here are from th e law of A pr. 21,1913, relating to th e change and am plification
of article 74 in th e In d u stria l Code—R eichsgesetzblatt X X X V I, M ay 1,1913.
FACTORY INSPECTION IN EUROPE---- AUSTRIA.
217
article 74. All the sanitary standards, as well as the provisions for
prevention of accidents which have been issued from time to time,
and some of which will be alluded to later, are also based upon pro
visions of this chapter.
INDUSTRIES SPECIALLY REGULATED AND THOSE REQUIRING SPECIAL AUTHORIZATION.
Application must be made for authorization of the establishment
and maintenance of all such industrial plants in which there are
to be used steam boilers, machines run by steam, electricity, or water
power, or such as may injuriously influence the health of workers,
or are insecure or may injure the neighborhood through bad odors
or extraordinary noises. Such industrial establishments may not
be erected before receiving an authorization. A large number of
industries and groups of industries (22 groups in the last edition of
the code) have been included under these provisions. Besides these
there are 53 other industries which are included in the provision for
authorization by requirements of article 27.
The application for authorization is made to the industrial authori
ties of the first instance and is by them referred to a special commis
sion which carefully examines the plans and specifications, and passes
upon all the points in connection with the special industrial establish
ment to be established. The commission consists of certain techni
cally trained persons— the district architect, district physician, district
industrial inspector, and also such special experts as may be asked
by these to collaborate and participate in the work of examination
of the application for authorization.
The proceedings for the examination of the applications for author
ization are regulated in detail by a ministerial order of December 14,
1906. Provision is also made in these regulations for appeals against
the decision of one or more of the commission to the authorities of
the second and third industrial instances.
INDUSTRIAL AUTHORITIES.
The administration of the Industrial Code is imposed upon the
political administrative authorities of the first instance, designated
also as the industrial authorities of the first instance. These consist
of the political administrative and police authorities in each govern
ment district. It is before them that the applications must be made
for authorization for all specially regulated or concessioned trades.
They also have the supervision over the industrial inspector, the
right of instituting proceedings for violations of the Industrial Code
and for imposing penalties for such violations. In Austria, it is to be
observed, the industrial inspectors of a district are under the im
mediate supervision of the industrial authorities of the first instance
of that district.
218
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
The provincial authorities constitute the industrial authorities
of the second instance. It is to these authorities that certain specially
regulated industries must apply for authorization, and to them also
go the protests and appeals from the decisions of the industrial
authorities of the first instance.
The Ministry of Commerce constitutes the authority of the highest
instance in industrial matters, where appeals are finally adjudicated
and which is at the head of the administration of the Industrial Code
and in charge of the Factory Inspection Institution.
PENALTIES, FINES, ETC.
According to article 131, violations of the provisions of the Indus
trial Code may lead to the following penalties: (a) Warning, (6) fine
up to 1,000 crowns ($203), (e) imprisonment up to three months, (d)
temporary or permanent withdrawal of the right to employ appren
tices and young persons, and (e) the temporary or permanent with
drawal of the right of exercising an industry.
The next eight articles (132-139) give more definite provisions as
to the extent of the penalties for violations of the Industrial Code
and also details of industrial rights in the case of violations of the code.
ADMINISTRATIVE PROVISIONS AS TO FACTORY INSPECTION.
Factory inspection*is based upon the law of June 17, 1883, upon
subsequent laws, as well as upon ministerial orders, rules, and regu
lations issued since that time.
All industrial establishments of whatever nature, except mines and
quarries, are under the supervision of industrial inspectors. The
Minister of Commerce with the consent of the Minister of Interior
appoints the central industrial inspector and all other inspectors.
The Minister of Commerce may limit the activity of the inspectors
either as to industries or to districts or to both. Thus, according to
ministerial orders, a special industrial inspector has been appointed
for the shipping industry with an office in Vienna. There was also
a special industrial inspector appointed in 1892 in charge of the
public transportation system of Vienna. In 1899 a special industrial
inspector was appointed for the Austrian State railroads. In 1901 a
special inspector was appointed for canals and waterways.
The duties of the industrial inspectors are defined by article 5
of the law of June 17, 1883, as follows:
The supervision of the enforcement of the provisions of the Indus
trial Code:
(1)
As to measures to be taken and appliances to be provided
by the employer to protect the lives and health of the workers in the
workrooms as well as in dwellings provided by the employer (upon this
provision are based the various ministerial decrees and orders as to
FACTORY INSPECTION IN EUROPE---- AUSTRIA.
219
prevention of accidents and sanitary regulations of industrial establish
ments);
(2) As to the employment of workers, daily hours of labor, and
periodical rest periods;
(3) As to the keeping of registers, posting of shop rules, wTage
payments, and workmen’s pass books; and
(4) As to the technical instruction of juvenile workers.
The functions of the industrial inspectors are defined by article 6
to be “ a special supervising, investigating and advising organ assist
ing the industrial authorities” ; they may also be called upon to
participate in the investigation and report upon the applications for
authorization of establishments in relation to those conditions which
would influence the lives and health of the workers.
Article 12 of the law contains general instructions as to the
attitude to be observed by the inspectors in their activities, directing
that in the performance of their duties they must make it an object, by
exercising their control in a kindly manner, to insure the beneficial
operation of the law with regard to the employees, tactfully to aid the
owners of industrial establishments in the fulfillment of the legal
requirements, to mediate between the employers and their employees
and attempt to adjust their differences on an equitable basis, and,
generally, to gain the confidence of the employers as well as of the
employees, so as to place themselves in a position where they can
assist in maintaining amicable relations between the two.
The inspectors have the right of entry at any time by day; also
by night if work is being done. The owner or his representative
has the right to accompany the inspector during his inspection.
The inspectors have no right to inspect the books and businees records
or correspondence of the employers, but have the powder to question
any person who is participating in the industry, alone or in the
presence of witnesses as to matters coming within his sphere of
activity.
Should the inspector find any violations of the Industrial Code, he
must request the owner of the establishment to immediately discon
tinue the illegal conditions and, in case of refusal of the owner, imme
diately to give information to the proper industrial authorities. These
ire obliged by article 10 of the law to immediately notify the inspector
as to their action on the information of the inspector, who has a right
to appeal against the decision of the industrial authorities of the
first and second instance.
The industrial authorities have the right at the recommendation
of the industrial inspector to appoint experts, physicians, chemists,
and others to be paid by the employer, if the conditions in his estab
lishment are proved to be dangerous to health. According to article
12, the industrial inspectors should in the performance of their func
220
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
tions endeavor to insure to the worker the benefits of the Industrial
Code by their sympathetic controlling activity and at the same time
to tactfully act in their expert capacity, and to gain the confidence of
the employers as well as the emploj^ees through their decisions based
upon expert knowledge and extensive experience. Inspectors must
nor divulge or use for their own advantage any industrial secrets
gained by them in their inspection under penalty of imprisonment
from three months to two years and in addition are liable to disci
plinary and criminal procedure for such an offense. Inspectors are
not allowed to conduct any industrial establishments or to have any
interest in such. Inspectors must not receive remuneration of any
kind from employers or employees, and they are ordered to refuse
all offers of hospitalit}^.
EXCEPTIONS AND EXEMPTIONS.
The Minister of Commerce, conjointly with the Minister of Interior,
is authorized to reduce after consultation with chambers of commerce
and industry, the time of the work pauses, to sanction Sunday work
and night work of young persons employed in industrial establish
ments, to make special regulations as to the hours of labor in certain
industries carried on in factories, to grant exceptions as to night
work for women and young persons in factories, and to make certain
restrictions as to the employment of young persons in dangerous
trades. The industrial authorities have also the right to grant
exemptions from the regulations relating to overtime and Sunday
work and may consult the industrial inspector of their district before
granting such exemptions.
ORGANIZATION OF INDUSTRIAL INSPECTION.
The Ministry of Commerce is the real administrative body enforcing
the Industrial Code. It nominates and appoints inspectors, it
interprets and amplifies the law and Industrial Code, it receives the
reports from the central inspector, it grants leaves of absence to the
higher industrial inspectors, it determines the inspection districts,
it designates the inspectors for each district, and has the whole
control of the industrial inspection service.
The political authorities, provincial or district, which a,re the indus
trial authorities of the second and first instances, have jurisdiction
over the inspectorial service by virtue of their political power derived
from the State constitution, and they are, of course, subject to the
Minister of Commerce and such other ministers as have charge of the
subject of jurisdiction. The central industrial inspector is under the
immediate direction of the Minister of Commerce; the chief inspectors
of districts are under the immediate direction of the provincial
authorities; local inspectors are under the immediate direction of the
FACTORY INSPECTION IN EUROPE---- AUSTRIA.
221
local political authorities. As has already been noted, the inspectors
have certain rights of appeal against the decisions of authorities of
the lower instances, but the court of final appeal is the Minister of
Commerce.
While the general administration of the labor laws in the Industrial
Code is in the hands of the Minister of Commerce and the political
authorities, the technical part of the work is done by the industrial
inspection service, which, unlike that in Germany, is highly centralized.
CENTRAL INDUSTRIAL INSPECTOR.
At the head of the inspection service is the central industrial
inspector, who is the industrial technical representative of the inspec
tion service in the Ministry of Commerce; he has charge of all the
industrial inspection service, and supervises and controls the whole
force. The central industrial inspector receives reports from all the
district inspectors, approves these reports, makes propositions relat
ing to industrial service to the Minister of Commerce, advises the
minister in cases of appeal from the authorities of lower industrial
instances, supervises the work of the chief inspectors and their
assistants, nominates the candidates for appointment, appoints the
commission for examination of candidates, and is the real head of
the whole industrial inspection service.
The office of the central industrial inspector is at present held by
Court Councilor Victor von Wuerth, who has been in the industrial
inspection department since 1889, and has his office in a Government
building in Vienna.
The present industrial inspection service of Austria consists of 126
persons.
BUDGET.
The budget for the expenses of the industrial inspection service
were, according to the central industrial inspector (von Wuerth), as
follows:
Crowns.
Salaries....................................
Servants............................................
Wages of other employees...............
Clerical help.....................................
Traveling expenses..........................
Rents.................................... ..........
Expenses of offices...........................
Printing...................................
Telephones and telegrams...........
Mailing of printing matter..............
Miscellaneous...................................
623,483
4,050
50,000
10,000
271,220
41,890
61,000
12,000
100
300
120
($126,567. 05)
(822.15)
(10,150. 00)
(2, 030. 00)
(55,057. 66)
(8, 503. 67}
(12,383. 00)
(2,436. 00)
(20. 30)
(60.90)
(24. 36)
Total....................................... ............. 1,074*163
(218,055. 09)
.............
.............
.............
.............
.............
..........
..........
..........
..........
.............
.............
222
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
CLASSIFICATION AND GRADING.
There are several grades and classes of inspectors, each differing in
grade of service as well as in political rank, and receiving salaries
according to the grade and rank. The following table shows the
grade, the number in each grade, and the bureaucratic rank of
inspectors.
N um ber.
1
1. Central industrial inspector. .
1
2. Chief industrial inspector ,..
3. Chief industrial inspectors__ 13
4. Industrial inspectors of first
class......................................
3
5. Industrial inspectors of first
class...................................... 24
6. Industrial inspectors of second
class...................................... 23
5
7. Kommissars of first grade.......
1
8. Consulting sanitary physician
9. Kommissars of second grade.. 48
10. Female assistant.....................
1
2
11. Working assistants..................
4
12. Female assistants....................
B ureau
cratic
rank.
Y
VI
E q u al to ra n k of—
General.
General.1
Colonel.
VI
Colonel.
V
VII
VIII
V III
V III
IX
X
X
XI
Lieutenant colonel.
Mayor.
Captain.
Captain.
126
SALARIES.
The salaries of inspectors are rated according to their grade and
length of service. Inspectors are given stated salaries with yearly
increase. A certain fixed sum is given to them for their traveling
expenses, this sum differing according to the districts and to the
amount of traveling needed. Besides salaries and traveling expenses
a certain addition (zulage) is given which differs according to the
grade of service.
The following is a table of the salaries (converted into terms of
United States money), furnished by the central industrial inspector
(von Wuerth).
SA L A R IE S, ET C ., O F IN S P E C T IO N O F F IC E R S , A U S T R IA . 1913.
Salary.
82,436.00
C entral in dustrial inspector----2,030. 00
Chief In sp ecto r N a v ra til............
1, 786. 40
Chief In sp ecto r L e o n h a rd ..........
1.461.60
Chief In sp ecto r S u d a...................
1.461.60
Chief In sp ecto r J a re s ...................
1, 298. 20
Chief In sp ecto r V y b irac.............
In sp ecto rs of first c lass................ $974. 40-1,096. 20
730. 80
Inspectors of second class...........
568. 40-649. 60
K o m m issars...................................
487. 20
Fem ale assistants, first g ra d e ...
324. SO
Fem ale assistants, second grade.
324. 80
W orking assistan ts.......................
730. 80
S an itary c o n su lta n t.....................
A ddition.
$446.60
357. 28
373. 52
298. 81
298. 81
298. 81
§196.10-326. 83
168.08-280.14
146.10-243. 60
194. 88
116.93
146.16
28.01
Traveling.
Total.
$3,491.60
$609. 00
812. 00
3,199. 28
730. 80
2 , 890. 72
730. 80
2,491.21
365. 40
2,125. 81
730. 80
2,328. 81
$50.90-121. 80 $1,585. 43-1,966. 66
243. 60-487. 20 1,198.51-1,442.11
203.00-406. 00
852. 60-1,299. 20
182. 70
864. 78
604.12
162. 40
162. 40
633.36
1,010. 94
1 This position is occupied b y Chief In sp ecto r N av ratil, appointed in 1884. H e has th e ran k n e x t to
th e central in d u strial inspector, also th e highest salary, and has charge of th e d istric t of Lem berg.
FACTORY INSPECTION IN EUROPE---- AUSTRIA.
223
Inspectors are entitled to pensions according to the pension system
of Austrian State officials. According to this system officials con
tribute each year 4.3 per cent of their ratable annual earnings, i. e.,
of their fixed salaries and a specified part of their salary increases
hased on rank and length of service. After 10 years of service the
pension consists of 40 per cent of the ratable annual earnings and
thereafter the pension is increased every year 2.4 per cent of the
ratable annual earnings until after 35 years of service it amounts to
the full annual rate last received.
Inspectors are entitled to vacations, but they must apply for a
leave of absence. All grades below the district inspectors must
apply to the local industrial authorities, and all grades of inspectors
above that to the Minister of Commerce. Three weeks’ vacation is
granted to the kommissars, four weeks to the other inspectors, and
six weeks to the higher class of inspectors.
Industrial inspectors are entitled to wear special uniforms, accord
ing to their rank. Uniforms are worn only at official functions.
Inspectors in large cities do not have as many occasions to wear the
uniforms as inspectors in rural districts, where they have often to
be present at state functions.
TERRITORIAL AND FUNCTIONAL INSPECTORS.
There are a number of inspectors with special functions; the rest
of the inspectors are divided into 42 territorial districts. The special
functional industrial inspectors are four, as follows:
1. Industrial inspector for construction work in Vienna. This
inspector is assisted by one kommissar and two assistant inspectors
coming from the laboring class with the title of 16Bauinspizient.”
2. Industrial inspector for public traffic and transportation in
Vienna.
3. Industrial inspector for construction of waterways and canals,
with an office in Prague, occupied by Marine Engineer v on Lindenkron.
4. Industrial inspector for the shipping industry in interstate
waters, with an office in Vienna, occupied by marine engineer, Court
Councilor Anton Schrdmm.
The central industrial inspector has his office in the Government
building in Vienna and is assisted by four inspectors, one sanitary
consultant, one female assistant inspector and a clerical staff.
The whole country outside of Hungary, which has its own district
factory inspection organization, is divided into 42 districts, each
presided over by an inspector, six of them having the title of chief
inspector. Each district inspector has assigned to him one or more
assistants, usually of the several grades— an industrial inspector of
the first and second class, a kommissar or a female assistant.
The offices of the district inspectors are sometimes in Government
buildings, but mostly they are in hired quarters. The branch offices
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
at Vienna pay a rental of 1,500 to 2,500 kronen a year ($304.50 to
$507.50) and consist of three or four rooms. Some of the offices
have typewriters and women clerks and are also provided with
telephones. As a rule, the clerical force is very small, partly because
of the insufficient appropriations, and partly because of the fear of
divulging secrets of the inspectors. The penalty for divulging
secrets of inspection is very severe— up to two years imprisonment—
and the inspectors, being responsible for their clerks, do not feel like
having these clerks know too many details of the work.
The assistant inspectors who are assigned to assist the district
inspectors in their work are under the immediate supervision of the
district inspectors and bear the title of “ kommissars.” They are
responsible for their work to the district inspectors.
There are only five women inspectors in the country. They are of
a lower rank than the male inspectors, and they are mostly assigned
to workshops and factories where women and children are employed.
Of the five women inspectors only one is in Vienna. She is specially
detailed to work in women’s wear, milliner}^ and kindred factories.
In Austria as well as in other countries there is great pressure on
the part of labor representatives in Parliament and outside for the
appointment of inspectors coming from the working class. So far,
however, only two such appointments have been made. These two
inspectors are in rank X and have previously been employed as
foremen in construction work.
There are no special official rules or regulations for the selection,
examination, and appointment of inspectors as there are in Prussia,
in France, or in England. The selection of the inspectors is based
upon article 15 of the law of 1883, creating the inspectorial depart
ment, which reads as follows:
That only such persons should be appointed as inspectors who pos
sess the necessary grade of technical education and who are acquainted
with the languages which are spoken in the districts to which they
are assigned.
Candidates for inspectorship make applications to the central in
dustrial inspector and only such of these are nominated as are deemed
fit. While there are no definite instructions, it is usual to appoint
as inspectors only those who have the following qualifications:
1. A technical education in a technical school.
2. At least five years of practical work in the factory.
3. A knowledge of the languages spoken in the districts to which
they are to be assigned.
This last provision is a matter of importance because of the many
languages spoken in the various Provinces of Austria and the knowl
edge of some of which is absolutely necessary to the inspector.
FACTORY INSPECTION IN EUROPE---- AUSTRIA.
225
Candidates who are nominated for appointment must undergo an
oral examination before a commission consisting of a chief inspector
and several other inspectors, as designated by the central industrial
inspector, with the consent of the Minister of Commerce. No more
than four applicants are examined at one time, and the examination
lasts from six to seven hours. The candidate is examined as to his
knowledge of {a) labor laws, (b) accident prevention, (c) industrial
hygiene, and (d) mechanics and physics.
The successful candidates are then appointed and serve a year on
probationary appointment. They remain as probationary inspectors
until a vacancy occurs, when they are appointed as Kommissars of the
second grade. Once inspectors are appointed, they have practically
life positions.
The majority of inspectors are technically trained men— mechan
ical or electrical engineers— many of them with university diplomas,
and quite a number of them with military rank. One of the five dis
trict inspectors of Vienna is a chemist, another a marine engineer,
another a doctor of philosophy, a fourth a technical adviser of the
Industrial Museum of Vienna. Four or five of the Kommissars are
doctors of technical engineering. Among the other inspectors there
are also a large number of officers in the reserve of the army and
graduates of technical colleges.
There are no medical factory inspectors except the sanitary con
sultant referred to above. He was appointed by the Minister of
Commerce; he has no powers except advisory, and has no laboratory.
He was formerly a lecturer at the University of Innsbruck.
WORK OF INSPECTORS.
It has already been stated that the scope of the work of Austrian
industrial inspectors is very broad, and embraces not only the in
spection of industrial establishments of all kinds, but also includes a
number of other activities, not as a rule exercised by the inspectors
in other countries. Among such functions may be considered the
following:
1. Inspection of all industrial establishments.
2. Inspection of the housing of working people where such housing
is provided by the employers.
3. Commission work on applications for authorization of new
establishments.
4. Investigation of accidents.
5. Inspection of state tobacco factories.
6. Inspection of private powder works.
7. Inspection of industries in prisons.
8. Inspection of machine shops in technical schools.
9. Inspection of building construction, interstate shipping, canals
and waterways, public transportation, and State railroads.
32447°—Bull. 142—14------15
226
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
10.
Intervention in strikes; approval of exceptions tendered by in
dustrial authorities for overtime; approval of exceptions granted for
Sunday work; acting as witnesses in industrial and other courts, and
many other similar functions.
The Empire of Austria has an area of over 115,000 square miles,
with an industrial population of 4,049,320 in 1902, and a total of over
1.000.000 establishments.
Although there are more than 1,000,000 industrial establishments
in the country, there were 157,444 of these establishments subject
to inspection in 1912. Of these (i. e., having not less than 20 per
sons at work, with large machinery, motor power, division of labor,
etc.) only 16,929 were designated as factories; the remaining 140,515
were establishments which are subject to accident insurance and
therefore subject to inspection.
INSPECTIONS MADE.
With over 1,000,000 industrial establishments of all kinds, and with
over 157,000 industrial establishments subject to inspection, the
inspectors made only 42,273 inspections in 1912, and inspected only
38,777 establishments. In other words, the inspectors covered about
25 per cent of the large establishments, and if the total number of
1.000.000 establishments be included, the number of inspected estab
lishments is only about 3.9 per cent.
Number of industrial establishments inspected.......................
38, 777
Number of factories inspected....................................................
12,166
Number of persons in inspected establishments....................... 1, 340, 354
Male persons under 14 years working in inspected establish
ments..........................................................................................
597
Female persons under 14 years working in inspected establish
ments..........................................................................................
365
Male persons between 14 and 16 years working in inspected
establishments...........................................................................
54, 048
Female persons between 14 and 16 years working in inspected
establishments...........................................................................
32, 042
Male adults working in inspected establishments.....................
890,899
362,403
Female adults working in inspected establishments................
Number of establishments inspected once................................
36,090
Number of establishments inspected twice...............................
2,203
Number of establishments inspected three or more times.......
484
Number of night inspections made............................................
249
Number of Sunday inspections made........................................
393
It will be seen from the above data that 71.9 per cent of all the
factories were inspected, showing that the greatest attention has been
paid by inspectors to these establishments. Of the 140,515 estab
lishments under the accident insurance laws, there were only 21.6 per
cent inspected.
FACTORY INSPECTION IN EUROPE---- AUSTRIA.
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OTHER WORK O F IN SP E C T O R S.
A very important part of the work of inspectors, and one taking
considerable time, is the work of participating in commissions— pass
ing on applications for authorization of new and old establishments
in special and dangerous trades. There were 19,013 such applica
tions received in 1912, in 11,204 of which the inspectors participated.
The work of participating in one of the commissions takes very much
more time than ordinary inspections, sometimes a day or two, even
more, being spent in this work.
^
<
The inspectors reported 659 strikes, 34 lockouts, and 96 other labor
conflicts. On request of the industrial authorities or of the parties
affected the inspectors intervened in 114 strikes, 11 lockouts, and 35
other labor conflicts.
In addition to the numerous activities given above, the inspectors
also took part in a number of conferences, investigations, meetings,
acted as witnesses in courts, etc.
The inspectors made 13,292 official journeys.
The amount of clerical work done by the inspectors during a year
is enormous. The report states that in 1912 not less than 214,971
official papers were acted upon and disposed of.
PROSECUTIONS, VIOLATIONS, ETC
The inspectors sent 7,230 formal notices to owners of establish
ments as to discontinuance of violations of the law and remedying of
objectionable conditions existing in their estabhshments. In 1,233
instances the inspectors had to notify the industrial authorities that
their formal notices to owners of establishments had been disregarded.
In 366 of these instances the authorities ordered the owners to com
ply with the demands of the inspectors, in 28 instances the owners
were reprimanded, in 270 instances fines amounting to 12,031 crowns
($2,442.29) were imposed, in 22 instances the delinquent establish
ments were ordered closed, in 63 instances the demands of the
inspectors had meanwhile been complied with, and in 8 instances the
industrial authorities found no grounds for official procedure. The
remainder of the notices of the inspectors to the industrial authorities
were not disposed of during the year 1912.
In only eight cases were there appeals made by the industrial
inspectors against the decision of the industrial authorities of the first
instance. In only three cases were appeals made to the industrial
authorities of the third instance.
In 10,994 cases interviews were had with employers and employees,
of which 5,670 were with employers, and 5,324 with workers. In
thesre interviews are not included the telephonic communications, etc.
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W O RK OF SPECIAL IN SP E C T O R S.
The four special inspectors made the following number of inspec
tions :
Inspector of traffic and transportation
Inspector of construction...................
Inspector of interstate shipping........
Inspector of canals, etc......................
Not reported.
......... ’ 2,129
......... .
324
...........
30
ACCIDENTS.
Inspectors received 10,023 invitations to participate in accident
investigations. They could participate in only 732 cases.
There were reported in 1912 92,317 accidents, of which 704, or 0.8
per cent, were fatal. The report states that the number of actual
accidents was undoubtedly much greater than the number which has
been reported to the inspectors. It seems that the reporting of acci
dents by the employers is not as yet properly done. There w~ere in
1912 4,984 more accidents reported than in 1911, with a decrease of
12 fatal accidents. Of the accidents reported, the largest number,
22.9 per cent, has been reported from the metal industry; 18.6 per
cent from manufacture of machines, apparatus, etc.; 17.7 per cent
in building construction; 7.1 per cent in the food industry; 3.1 per
cent in the chemical industry; 6.2 per cent in the wood industry.
OCCUPATIONAL DISEASES.1
A number of ministerial decrees issued in the years 1908 to 1911
and providing protective measures for workmen exposed to occu
pational diseases charged the industrial inspectors with the enforce
ment of these protective provisions. Of these decrees the following
should be especially mentioned: For the protection of house painters,
varnishers, and decorators, of April 15, 1908; for the manufacture of
paper from rags, wood pulp, etc., of September 25,1911; for the opera
tion of sugar factories, of August 22, 1911; and for the operation of
printing, lithographing, and type-founding works, of August 23, 1911.
The enforcement of these protective regulations is one of the most
important tasks of the industrial inspectors, and their annual report
gives a detailed account of their activities in this respect. The inspec
tors generally find that these protective provisions are more strictly
observed in large establishments than in small ones. They report
that nonobservance of the protective provisions as to the use of
white lead can very seldom be detected in small painting and deco
rating establishments, because white lead is used only from time to
time and then only for a short period. The inspectors claim also
that the law as to the use of white lead is not sufficiently compre
hensive, and quote as an example that the owner of a chemical
factory in which lead glazes are produced refused to provide his
1 T his section w as com piled in th e U nited S tates B u reau of L a b o r S tatistics from official reports.
FACTORY INSPECTION IN EUROPE---- AUSTRIA.
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workers with washable work clothes and refused to discontinue the
employment of women in lead work because the law is applicable only
to persons employed in house painting, decorating, or varnishing.
The inspector of Innsbruck remarks that when white lead is found
in establishments the owners as a rule claim that it is old stock and
that they no longer use any materials containing lead. As the decree
is applicable only to establishments using” lead compounds, the
enforcement of the decree becomes very difficult.
Great difficulties were encountered in the enforcement of the
protective provisions for workers in printing establishments. The
employees object in many instances to the purchase at their own
expense of work clothes and in some establishments have also refused
to wear such clothes when furnished by the employer. Notwithstand
ing that notice had been posted and leaflets distributed, compositors
in many establishments were found eating and smoking while at
work, and when reprimanded called the protective provisions an
unwarranted restriction of their personal liberty. The industrial
inspector of Trent remarks that notwithstanding their intelligence,
compositors as a rule know very little of the causes of plumbism, do
not pay any attention at all to personal hygiene, and consider plumb
ism as an unavoidable occupational disease.
As noteworthy with respect to tho hygienic conditions of brewery
workers should be mentioned the following observation of the
inspector of Pilsen: On the revision of the sickness statistics of the
establishment sick funds of several large breweries it was found that
tuberculosis is much more frequent among the workmen of these
establishments than should be expected. This phenomenon was
ascribed to the excessive consumption of alcohol by the employees,
brought about by tne furnishing of large quantities of free beer to
them by the breweries. It was suggested to the breweries that at
least a part of the allowance of free beer should be converted into a
money allowance.
Lead poisoning.
The inspectorate of Klagenfurt reported 14 serious cases of lead
poisoning of workmen engaged in construction of a railroad bridge.
The rubbing off of badly mixed red lead paints and the scaling off
and pulverization of the paint when the parts of the bridge were
riveted are given as causes.
Nearly all inspectors reported cases of lead poisoning in the house
painting, varnishing, and decorating trades, and three of these cases
in the varnishing shop of a car factory were fatal. Many are the
complaints of inspectors that workmen using white lead refuse to
stop smoking while at work and that employers use all kinds of sub
terfuges to evade enforcement of the protective regulations. The
inspector of Innsbruck mentions the following as an example of the
280
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
difficulties found in enforcing the protective regulations: During the
inspection of a painter’s shop railroad employees delivered to the
owner of the shop a barrel, the contents of which were designated on
the waybill as white lead. The owner had previously affirmed that
he did not use white lead in his shop. On being confronted with the
above evidence he declared to the inspector that he had not ordered
any white lead and that the shipper of the barrel must have made a
mistake.
On the occasion of a provincial conference of the guilds of house
painters, decorators, and other related trades the inspector of Linz
gave a lecture on the protective provisions of the ministerial decree
relating to the use of white lead, during which he enlarged on the
results of sickness statistics and on the causes of lead poisoning.
As to poisoning ha ceramic industries, there were cases reported by
the inspectors in Linz (1 glost placer in an earthenware factory), in
Bregenz (2 workmen in a pottery), ha Reichenberg (1 fritter in a glass
factory), in Teplitz (1 workman in a fritting room, 2 female aerographers, and 1 glazer in a majolica factory), and in the second dis
trict of Brunn (2 workmen in a tile stove factory). The general
report says, however, that the extent of the danger of lead poisoning
in ceramic industries should not be judged by these few cases which
came to the knowledge of inspectors. The experiments made in several
establishments to reduce the lead content of glazes were, according
to the reports of the inspector in the second district of ferunn, ac
companied by success in the earthenware factories of Znaim. The
object in view was attained there through additions of kaolin.
Fifteen cases of lead poisoning in color factories were reported.
In two white-lead factories hi the district of Klazenfurt, in which
only 90 workers w~ere employed, were reported 9 mild cases, 4 cases of
lead colic, and 1 of lead paralysis. In a red lead factory in the same
district, which has excellent devices for the prevention of dust, there
was only 1 case of lead colic.
A considerable number of cases of lead poisoning were found in
metal goods factories. The inspector of the first district of Prague
reports that in such an establishment, as a consequence of insufficient
hygienic equipment, of a total of 22 workers in February 6 were
found with blue lines on the gums, and in July 7, while In November,
when only 15 workers were employed, 5 showed the above symp
toms of lead poisoning.
Reports were also made by inspectors as to cases of lead poison
ing found in factories making storage batteries, mostly due to careless
manipulation.
The inspectors report that hygienic conditions ha file-cutting estab
lishments leave much to be desired. In an establishment ha the
third district of Prague the owner was found suffering from lead colic
FACTORY INSPECTION IN EUROPE---- AUSTRIA.
231
and his son had a blue line on the gums as a consequence of nonob
servance of the protective regulations. Further cases of plumbism
in such establishments were reported by the inspectors of Pardubitz
and Teplitz, one case in Pardubitz being fatal. The inspectors
assert that the danger of lead poisoning in many file-cutting estab
lishments can be averted if the metallic lead “ bed” upon which
the file is being cut is replaced by a bed of some other metal.
According to the report of the inspector in Sankt Polten a file-cutting
establishment in his district has entirely discontinued the metallic
lead beds in the shops where file cutting is done by machinery and
replaced them by beds consisting of an alloy of tin and zinc, using
lead beds only for file cutting by hand. In this establishment the
workmen are examined once a month by a physician and a register
is kept as to these examinations. The inspector reports, however,
that although all precautionary measures were observed by the em
ployers there were nevertheless two cases of lead poisoning ascribed
to refusal of the workers to conform to the protective regulations.
The inspectorate of the first district of Vienna reports that in an
establishment for the remelting of lead and tin, cases of lead poisoning
occurred regularly among the furnace crew. The material intended
for remelting was sorted without moistening. The work at the
furnace was performed while the top was open, and exhaust drafts
were entirely missing. The establishment was ordered to wet the
charging material and to provide a suitable closed top for the furnace
and exhaust drafts. In a lead smelter in the inspection district of
Klagenfurt, employing about 100 workers, in 1912 there were ob
served 14 cases of lead colic and 23 cases of lead poisoning of a less
serious character. In the month of January alone 10 cases of lead
colic occurred, but all efforts to find some explanation for this fre
quency of cases were fruitless. In a shot and litharge factory con
nected with the above smelter and employing 18 workmen a workman
who had worked 30 years in lead smelters became afflicted with lead
paralysis. In a lead smelter in the district of Pilseji two workmen
were attacked by acute lead poisoning, and in a lead-pipe factory in
the district of Teplitz three workmen showed symptoms of lead
poisoning.
Numerous cases of lead poisoning were brought to the attention of
the industrial inspectors in pursuance of the ministerial decree of
July 17, 1912, which ordered all public health officers (Amtsartze) to
report to the industrial inspectors each case of lead poisoning found
by them in printing, lithographing, and type-founding establishments.
In the inspection district of Trent the industrial inspector made
inspections accompanied by the provincial and by the district health
inspector, and of 30 compositors examined 4 showed symptoms of
plumbism. The provincial government of Bukowina investigated
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all printing establishments in the provincial capital of Czernowitz,
and the local industrial inspector participated in this investigation,
in the course of which more or less serious symptoms of plumbism
were found in 26 workers, and 1 of these workers was found afflicted
with wrist-drop. A number of other inspectorates reported cases of
plumbism, of which we shall mention here only the report of the
second district of Brunn with 8 cases of plumbism (2 compositors, 4
apprentice compositors, 1 pressman, 1 storeroom worker). In some
instances workmen who refused to stop smoking during working
hours were ordered discharged by the inspectors.
M ercury poisoning.
Cases of mercury poisoning were reported by only two inspection
districts, Trent and Pardubitz. In an incandescent lamp factory
in the first-named district a workman employed in attending a mer
cury rotary pump suffered from inflammation of the gums. The sec
ond case (loosening and bleeding of the gums) was that of a workman
in a cyanidation plant who handled mercuric chloride. An exten
sive investigation was made of the latter case, which occurred in
spite of the fact that twice each month the workmen underwent a
medical examination.
Arsenic poisoning.
The inspectorate of the district of Reichenberg repeatedly observed
cases of arsenic poisoning in the brazier’s trade. The local industrial
authorities have, on the request and with the participation of the
industrial inspectorate, issued a leaflet as to the causes of arsenic
poisonings, their prevention, and as to first aid in such cases. This
leaflet, after being approved by the provincial authorities, was
distributed through the guilds in the individual establishments.
Noxious gases.
C a r b o n M o n o x i d e . — Several inspectorates reported poisonings
and in one instance death through inhalation of carbon monoxide.
S u l p h u r o u s A c i d . — The inspectorate at Klagenfurt reports that
in the lixiviation department of a sulphite cellulose factory a work
man became sick twice as a consequence of inhalation of sulphurous
acid. Accidents in the operation of the department were the cause
in both cases.
M u r i a t i c A c i d . — The dippers of an enameled ware factory became
sick with inflammation of the mucous membrane of the eye. The
inspector ordered improvement of the exhaust apparatus above the
dipping tanks.
C h l o r i n e G a s . — The inspectorate at Klagenfurt reported three
cases of sickness caused by inhalation of chlorine gas in a chloride of
lime factory.
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H y d r o f l u o r i c A c i d G a s.-— I n a w o o d -p r e s e r v in g department of a
sawmill, district of Reichenberg, a workman contracted, through
inhalation of hydrofluoric acid gas, bronchial catarrh of a serious char
acter and lasting for a long period.
Diseases o f the skin and m ucous m em bran e.
Numerous reports of the inspectors deal with skin diseases caused
by various occupations. A form of skin disease encountered every
year by the inspectors is the so-called “ polisher’s eczema.” A large
number of cases of this disease occurred in 1912 in the first district
of Vienna among the polishers of a piano factory. Nearly all of the
16 polishers employed there were taken sick at short intervals, and
5 of them had to undergo hospital treatment. The factory worked
up maple, American walnut, and mahogany, and the polishers used
as filler a mineral oil; as polish, alcohol denatured with wood alcohol
and pyridic bases; and for staining, so-called old-mahogany stain
and shellac. The use of alcohol denatured with wood alcohol and
pyridic bases was found to be the cause of all these cases of sickness;
and the use of alcohol denatured with turpentine was ordered as a
substitute. After the use of this new polish had been adopted in
this factory for some time cases of “ polisher’s eczema” occurred
only sporadically. Similar cases occurred, according to the report
of the inspector of Pardubitz, among female polishers in a cane factory.
In this instance the inspector found as cause the washing of the
hands in a too strong solution of soda. A solitary case of skin dis
ease was found by the inspector of the district of Mahrisch-Ostrau
in a bent-wood furniture factory, where a female polisher had e c z e m a
on both hands. A change of occupation was ordered in this instance.
In the inspection district of Trautenau, in a watch factory, female
workers engaged in silvering watch dials laid on the nitrate of silver
with the palms of their bare hands. These workers were afflicted on
their forearms with psora, a skin disease similar to the so-called
“ nickel eczema.” The owner was ordered to furnish these workers
with little leather pads and with hot water for washing. In a tinfoil
factory in the district of Teplitz 2 tin smelters were found suffering
from an eczema of the arms, which later on extended to the shoulders.
The cause was found to be due to the fact that the suction apparatus,
located above the melting pit, was not working properly, and remedial
action was ordered. The inspector of the second district of Vienna
observed that workmen in a file cutting establishment, who attended
a blast apparatus operated by a steam jet, were afflicted with eczema
on their hands, which were exposed to the steam and sand dust. The
workmen were ordered to wear rubber gloves, which gave protection.
One solitary case of “ chrome eczema” was reported by the inspector
of Seichenberg. This case concerned a dyer in a woolen mill.
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The inspectors of Mahrisch-Os trau and Prsemysl reported several
cases of “ paraffin eczema.” The former observed a number of cases
in a mineral oil refinery. His report was the initiative for a thorough
examination of the plant and workers by the district health officer
and for subsequent preventive measures.
Anthrax
.
Sixteen cases of anthrax became known to industrial inspectors
during the year 1912. Two of these cases were fatal. Three-fourths
of the cases of anthrax were found in the inspection district of Lem
berg. The district inspector there reports that all his efforts to improve
hygienic conditions and to introduce protective measures have so far
been fruitless. The report recommends the introduction of com
pulsory disinfection of the raw material and legal regulation of the
certification of disinfection.
Trachoma
.
The inspector of the district of Mahrisch-Os trail reports a large
number of cases of trachoma in his district, 8 of which occurred in a
brickkiln, 40 in three knitting mills, 32 in a flax mill, and 14 in a
cotton mill. The measures taken by the authorities and the wide
spread publication by them of popular instructions as to prevention
of trachoma had the effect of preventing further spreading of the
disease, and at the end of the year the number of workers afflicted with
it had considerably decreased.
CHILD LABOR.
Of the 87,052 children under 16 years of age employed there were
962 under 14 years. The inspectors report 2,153 cases of illegal em
ployment of workers, 948 of whom were male and 1,205 female. Of
these illegally employed workers 705 were children under 14 years of
age. Of these there were 70 or 3.3 per cent of all illegally employed
persons who had not reached the age of 12 years. Most of these
illegally employed children were in factories or large establishments.
The greatest offenders against the child-labor laws were the brick
works. A large number of illegally employed children were also
found in glassworks, sawmills, textile establishments, and in the
food and clothing industries. There were found also 21 boys and
17 girls 12 years of age in smaller establishments which are not fac
tories. One hundred and seventy-six children (105 boys and 71
girls) were found working longer than eight hours.
NIGHT W ORK.
Nine hundred and seventeen women and 310 children were found
to be illegally working at night; 174 of these w^omen were under 18
years of age.
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METHODS OF INSPECTION.
Inspectors belonging to one district report to the office daily, ex
cept on such days when they are absent on journeys in the district.
Each inspector is entitled to expenses for so many traveling days,
and as a rule does not exceed his budget for the simple reason that
any further expenditure would have to be out of his own money.
This is one of the complaints made by inspectors as well as by those
who are interested in the work of inspection against the Austrian
system of fixing a definite sum for each inspector for the expense of
travels, without regard to the exigencies which may arise from time
to time. It is manifest that inspectors will try to hurry their inspec
tions in order to be through with them in their allotted time, and may
neglect complaints received after they have spent all their allowance
for traveling.
As a rule, inspectors make from 300 to 350 inspections a year, and
spend about 100 days traveling in the district. ^The inspector’s
working-day is supposed to be six or seven hours; night inspections
are very seldom made. The offices of the district inspectors are
open from 9 to 3 or from 9 to 4, with the noon hour for lunch.
Much of the time of the inspector is taken up with commission
work on applications for authorization. This work is usually attended
to by the district inspector, unless some of the inspectors in his dis
trict are specially trained and fitted to pass upon the special estab
lishments for which authorization is applied. It is said that two
or three days a week are taken away from each inspector by this
commission work on applications for authorization. The commission
consists of several other officers besides the inspector, and they
usually meet at the establishment for which authorization is sought,
if such establishment is already in existence. They go over the plans
and specifications, interview the owner, and make such suggestions
for alterations as are necessary. Each expert makes out a special
report or protocol on his finding. The inspection is repeated when the
establishment is running in order to see that the orders of the experts
were complied with. In some of the districts where there are three
or four inspectors, one inspector is specially assigned to this work.
The relations between the district inspector and his staff seem to
be very cordial and intimate.
The clerical work which inspectors have to perform is enormous,
as has already been stated. Two or three hours a day are as a rule
spent in this clerical work. Each factory or establishment has its
own record (akt) in the office and all the papers connected with it
are kept together, so that it is not difficult to find records of any
establishment of which complaint is made, etc.
Inspectors] are required to keep a daybook in which is noted in
detail all the work for each day.
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IN S P E C T IO N BO OK S.
For each inspection the inspectors are to fill out a printed form
called inspection sheet (InspeJctionsbogen). This form is as follows:
N o -----Political district-----Judicial district----Community------
Class ------ Group-------
INSPECTION BOOKS.
I. Name of establishment--------Address--------Factory or n o t--------II. Eesponsible superintendent--------III. Day and hour of inspection--------IV. Inspector---------V. Who accompanied the inspector on his inspection--------VI. Number of workers:
Males----- Females-----Under 12 years-----Under 12 years-----Between 12 and 14 years —
Between 12 and 14 years ■
Between 14 and 16 years —
Between 14 and 16 years Over 16 years-----Over 16 years-----V II. Wages------Piecework------------- Week, work, e t c .--------V III. Day of payment of wages--------IX . Deduction from wages for sickness insurance, accident insurance, fines,
lodging, tools, materials, e t c .--------X . Money fines --------X I. Term of employment--------X II. Hours of labor and pauses:
Summer------ W inter------D a y --------- Night-----X III. Change of shifts--------X IV . Sunday work and holiday work--------X V. Notices-------- X V I. W orkbooks--------X V II. Trade associations to which the owner belongs--------X V III. Apprentice system and continuation schools--------X IX . Sickness insurance:
Contribution of workers--------X X . Accident insurance:
Class percentage-------- Premium --------X X I. Occupational diseases, special accidents, first aid, use of materials injurious
to health —■
——
X X II . Welfare w ork-------X X II I. Lodging of workers X X IV . Number, kind, and strength of motors--------X X V . Number and kind of steam apparatus--------X X V I. Construction of workshops and work rooms -----X X V II. Exits and stairways--------X X V III. Illumination--------X X IX . Heating, ventilation, drinking water, toilets —X X X . Existing apparatus, machines, and appliances X X X I. Special safeguards------—
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These inspection sheets form a large part of the protocol of every
establishment and each subsequent inspection adds its own inspec
tion sheet.
From the report of the work done by inspectors in the previous sec
tion it will be noted that the main attention of the inspector is given
to the inspection of factories, by which is meant, as has already been
noted, establishments with more than 20 persons at work, and in
which there is usually machinery run by steam or electricity.
The small workshops, of which there are many, domestic workshops,
and home workers are practically not inspected at all. Even estab
lishments like bakeries when they are small are neglected; and it is
not unknown that there are a number of small bakeries in Vienna
located in cellars, in insanitary conditions. The large establish
ments, however, are more often inspected, and are, as a rule, in good
condition.
The inspectors have no special tests for air, light, or the amount
of dust in the air of the shops. There is no special inspection made
of dangerous trades or establishments where industrial poisons, gases,
and fumes are found. Such establishments are inspected in the
routine course of inspection, and are subject to the special rules and
regulations already indicated in a previous chapter.
STANDARDS.
The general sanitary provisions for the protection of health and
life which are found in article 74 of the Industrial Code, unlike those
found in Germany, are well defined by ministerial order, which forms
the standard by which the inspectors are guided in their work of
inspection, as well as in their reports on applications for authoriza
tion of new establishments. These standards are embodied in an
order of the Minister of Commerce with the consent of the Minister
of the Interior, of November 23, 1905, and refer to those establish
ments for which a special concession is necessary. These standards
are as follows:1
Workrooms.—All workrooms must be so arranged that a minimum air space of 10
cubic meters (353.14 cubic feet) and a minimum floor space of 2 square meters (21.53
square feet) are available for each person employed. In establishments in which
injurious dust, gases, or vapors are generated these minimum measurements must be
increased according to requirements. In so far as the local building regulations do
not otherwise prescribe, the workrooms must be at least 3 meters (9.84feet) high, base
ment rooms at least 2.8 meters (9.19 feet), and attics for half the floor space at least 2.9
meters (9.51 feet). In buildings in existence at the coming in force of these provi
sions the workrooms maybe of lesser height than above specified, but never of less than
2.6 meters (8.53 feet), provided that the generation of dust, heat, or steam does not
require a greater height, and that the air space per person is at least 15 cubic meters
(529.71 cubic feet).
1 T ranslated in th e U n ited States B u reau of Labor Statistics from Manzsche Gesetzausgabs, Gewerbeordnung, Vol. I, p p . 544 If., V ienna, 1908.
238
B U L L E T IN
OF
THE
BUREAU
OF L A B O R S T A T IS T IC S .
Permanent working places in workrooms with stone or cement floors must be covered
with a layer of wood or some other material which is a poor conductor of heat, in so far
as this does not seem dangerous oil account of fire. In workrooms in which large
quantities of liquids are handled, the flooring must be water-tight and be constructed
with such an incline that the liquids can easily drain. Permanent working places
in such rooms must be covered with wooden grids. The flooring around hearths and
open fireplaces and near the openings of furnaces must be constructed of refractory
material for a minimum width of 60 centimeters (1.97 feet).
The use of basements and attics for workrooms is permissible only if they conform
to the building regulations. Basement rooms must not be exposed to the danger of
inundation, and must be protected against humidity; their ceilings must be at least
60 centimeters (1.97 feet) above the street level and the flooring not more than 2.5
meters (8.2 feet) below the street level. They must, moreover, be properly ventilated
and dry. Attics may be used as workrooms only when their arrangement conforms
to the building ordinances relating to living rooms.
Doors leading from the workrooms into the open air must open outward; doors into
corridors or inclosed stairways must either open outward or be sliding doors, and in
case of large rooms be constructed in such a manner that the persons employed in the
latter may in emergency be able to leave them quickly and safely. Doors leading
to inclosed stairways must be so constructed that they do not obstruct the stairways
when opened. In workrooms where explosives, inflammable gases, vapors, or fluids
are present, the doors and doorframes must be constructed of fireproof material.
Emergency exits are to be installed in those establishments in which in case of
danger the emptying of the rooms and buildings can not be effected by means
of the ordinary exits without dangerous blocking; and especially so where inflam
mable substances or gases are in existence. Exits must be calculated for the
number of workers in the workroom on the basis of a width of 1.20 meters (3.94 feet)
for each 50 persons. Emergency exits are to be marked as such, and if kept closed
during normal operation the keys must be easy of access.
If the building regulations do not contain any provisions as to stairways, each
building having more than one floor must be provided with a fireproof stairway
of a straight running type, inclosed in a brick shaft with fireproof ceiling, by means
of which one may directly reach the open from all rooms. In the case of large estab
lishments several of these stairways are to be installed in such a manner that no part
of the buildings shall be more than 40 meters (131.2 feet) distant from a stairway. If
such a stair has to serve for not more than 50 persons it must have a minimum width
of 1.25 meters (4.10 feet), to which is to be added 50 centimeters (1.64 feet) for each
additional 50 persons or there is to be provided a proportionately larger number of
stairways.
Where special local conditions require the installation of fire escapes, this re
quirement may be satisfied by the installation on the outside of the building of
iron stairs of a straight running type; or, if only a small number of workmen are
employed, of iron fire ladders, which must be connected with the workrooms by
plainly marked exits of easy access.
The main aisles in all workrooms shall have a minimum width of 1 meter (3.28 feet)
which shall not be obstructed by belts, gearings, shafts, etc., and the necessary pas
sages between machines shall have a width of 60 centimeters (1.97 feet). Where
the danger of the working machines, the large size of the pieces to be worked, or the
large quantity of refuse require it, the width of the aisles and passages shall be corre
spondingly increased.
The approach to workrooms in the attic shall be inclosed by fireproof walls and
lead directly to a fireproof main stairway.
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239
The windows and skylights of all workrooms shall be arranged in such a manner
that these rooms are supplied with sufficient sunlight, but workmen in closed work
rooms shall be protected from direct sunlight.
All workrooms, passages, stairways and factory yards are, if necessary, to be suffi
ciently illuminated also in daytime. Oil lamps with fragile glass bodies are not to
be used. All appliances for lighting purposes must be safely suspended. Oil lamps
with burners below the receptacles for the oil are to be suspended or fastened in such
a manner that the receptacles are not exposed to too high a temperature. Rooms
used for the storage of such lamps may not be used as workrooms. In the case of
electric lighting the safety regulations issued by the electrotechnical congress in
Vienna in 1899 are to be considered as standard.
Wherever a central lighting system is in use provision must be made for suitable
emergency lighting, independent of the central lighting plant. Emergency lights
must be regularly maintained in passages and stairways and near all doors of exit.
Workrooms in which explosives, inflammable gases, vapors, or fluids are present
may be illuminated only from the outside. The sources of light must be separated
from the workrooms by a tight inclosure of glass. If local conditions do not permit
of such illumination, electric incandescent lights may be used, provided that the
wiring is properly insulated, the switching devices are located outside of the rooms,
and that the incandescent lamps are inclosed in a protective covering of strong glass.
Danger lights must be provided on the beginning of darkness at all floor openings,
trapdoors, scaffolding, platforms, stair landings, windows, elevator shafts, openings
for loading, chutes, pits, canals, etc., if reliable appliances are not provided to protect
men and materials from falling.
Lights, with the exception of safety lamps or electric incandescent lights, may
not be carried around in establishments exposed to danger from fire.
All workrooms permanently occupied by workmen, unless the operation in itself
produces sufficiently high temperature or the nature of the operation requires the
maintenance of a low temperature, must be provided with heating apparatus, which
exclude all danger of fire and operate in such a manner that the workmen are not mo
lested by the radiation of heat or suffer in their health. Iron stoves must be surrounded
with metal shields or fire screens. Workrooms in which explosives, deflagrating
gases, vapors, or fluids are in existence may be heated only in a manner which
entirely excludes any danger of fire.
Provision must be made in each workroom for a sufficient supply of fresh air and the
removal of foul air, but harmful drafts are to be avoided.
Establishments with generation of injurious dust, gases, or vapors must be provided
with appliances for the prevention of harmful effects; if necessary, suction apparatus
is to be placed as near to the place of generation as possible.
In workrooms where the operation generates large quantities of water vapors suitable
measures (heating apparatus, strong ventilation, artificial introduction of preheated
air, avoidance of the direct admission of cold outside air, double windows and double
roofs, etc.) must be taken to prevent as much as possible the formation of steam clouds
endangering the safety of the workmen, especially if the machines in such workrooms
are operated by motive power.
Open fireplaces are to be provided with hoods, so that the gases are removed from the
workrooms. The exhaust from explosive and combustion motors (gas, gasoline, oil,
alcohol, etc.) are to be conducted above the roof or into a chimney.
The buildings of each establishment are always to be kept in a safe and clean condi
tion. Special attention is to be paid to the construction of heavily loaded ceilings.
Approaches to doors and stairways are to be kept in good condition and free from all
obstruction. The same applies also to other passages, in so far as the nature of the
operation does not require temporary obstruction.
240
B U L L E T IN
OF T H E
BUEEAU
OF L A B O R S T A T IS T IC S .
Each stairway must be provided with at least one handrail and on the open side with
a secured railing. Openings in the floors, trapdoors, scaffoldings, platforms, stair land
ings, windows, elevator shafts, galleries, chutes, pits, canals, etc., are to be provided
with guards against the falling of men and material.
Steam boilers.—The boiler house shall be of such a height that a free space of at least
1.8 meters (5.91 feet) remains above the boiler platform, which shall in no manner
be used as a work, sleeping, storage, or drying room.
Each boiler house must be provided with at least one exit leading to the open air and
having a door opening outward • larger boiler plants are to be provided with a corre
spondingly large number of exits; the boiler house must not be used as a regular pas
sage or thoroughfare nor for other purposes not connected with the operation of the
boilers. The bricking in of the boilers must be effected in such a manner that accord
ing to the number of boilers one or more passages of a width of 70 centimeters (2.30
feet) leading to the rear of the bricking in remain open. The stokehole must have a
depth of at leat 2.5 meters (8.20 feet). If ash chutes are in existence under the stoke
hole, they are to be arranged in such a manner that they have two approaches and are
correspondingly roomy, well ventilated, and sufficiently illuminated.
The law of July 7,1871 (R. 112), forms the basis of all regulations relating to boilers.
The examination and periodical inspection of boilers may, according to this law, be
effected either through the boiler inspectors appointed by the State, or if the user of the
boiler is a member of an association constituted for the inspection of boilers, through
the officially authorized inspectors of such an association. The orders of these State
or association inspectors given on occasion of examinations or inspections of boilers
must be obeyed without demur.
The law provides for the issuing of regulations relating to the construction, setting
up, and inspection of boilers and to protective measures through ministerial decrees.
The most important of the decrees issued in pursuance of the law is the one of October
1, 1875 (R. 130), issued by the Minister of Commerce in conjunction with the Minister
of the Interior. This decree contains the fundamental provision that the choice of
the material, the determination of the latter’s strength, and the manner of construc
tion of the boilers is left to the manufacturer under the latter’s own responsibility.
As far as imported boilers are concerned, the responsibility rests also with the user.
The use of cast-iron and brass plate for the boiler shell, the fire and water tube is gen
erally prohibited; the exceptional admission of these materials for such purposes re
quires a ministerial permit.
The owner of a domestic or imported boiler of more than 80 liters (21.13 gallons)
capacity is held responsible for it; that the latter is not used until it has undergone the
prescribed examination and been found serviceable. The decree fixes the test pres
sure in proportion to the highest permissible steam pressure, which latter, in addition
to other data important for the identity of the boiler, must be made evident on the
same. Each boiler must be inspected at least once each year, and in addition at
every change of a valve or of a valve lever. At intervals of five years, beginning
from the date of the first examination, each boiler must at the time of the annual in
spection be subjected to a careful examination, i. e., to a pressure test by the use of a
control pressure gauge, and the result of this examination is to be noted on the original
certificate.
Further provisions regulate the appeal from orders given by the boiler inspectors on
occasion of their examinations or inspections and also the duty of notification in case
of impending danger in the use of boilers and after explosions.
The decree of the Minister of Commerce of October 1, 1875 (Z. 25021), contains de
tails relating to the procedure at examinations and periodical inspections and to the
annual reports of the boiler inspectors.
The decree of December 2, 1893 (R. 172), makes the reexamination of old boilers
transferred to another establishment obligatory and provides that the examination
FACTORY INSPECTION IN EUROPE---- AUSTRIA.
241
shall be made at the place of future use by the inspectors* in whose district this place is
located. The original certificate of serviceableness must be produced at the reexami
nation. The decree of the Minister of Commerce of June 8, 1894 (R. 108), makes also
this reexamination at the place of use obligatory for new boilers. Examination at the
place of production may be substituted only in exceptional cases.
•Boilers located in the open must be provided with a ehed roof for the stokehole.
Boiler platforms and galleries must be made accessible by means of fixed ladders or
stairways provided with handrails. These ladders or stairs must be as near as possible
to the stokehole. In the case of large boiler plants a sufficient number of fixed ascents
must be provided at the front and rear of the boiler wall. In the case of vertical
boilers the eafety fittings at least shall be safely accessible by means of ascension lad
ders. Boiler galleries are to be guarded by fixed railings.
In the case of boilers located in workrooms or in the open the drain valves and cocks
are to be suitably secured, so that any manipulation by intruders is excluded.
Stokeholes, boiler ascents, pressure and water gauges must receive* sufficient light,
or be sufficiently lighted.
Gauge glasses are to be provided with strong tube protectors, which, however, must
not impair the facilities for observation of the water gauge.
Each boiler subject to inspection must be capable of being safely cut off from other
boilers in operation in all tube connections and firing apparatus by reliably working
appliances. Steam piping running through workrooms, except that serving for heat
ing purposes or hard of access on account of its location, is to be covered with noncon
ducting material. The steam piping must be provided with draining appliances to
avoid water hammers. The insertion of an automatic nonreturn valve in the main
steam pipe immediately behind each boiler is recommended for safety purposes.
Power 'plants.—The engine house is to be connected by signal apparatus with the
workrooms depending on the power engine, so that the engineer may be able to
announce in the workrooms the starting of the engine, while on the other hand the
stopping of the engine may be brought about from the workrooms. In turbine houses
provision is to be made for safe access to the lower turbine room.
The moving parts of the power engines (fly wheel, crank, connecting rod, cross head,
tail rod of the piston rod, the interlocking of toothed and bevel wheels, pump piston,
etc.) shall as much as operation permits, and in so far as they are located within the
area of the movements of the engineer be guarded in such a manner that the latter
is protected in his activity. Power engines located in workrooms and not directly
geared to the machines shall be entirely surrounded by a railing, unless they are
safeguarded by their location.
Governors driven by belting must be protected against slipping of the belt. The
use of hand oil cans in power engines shall be avoided as much as possible.
Water wheels must in their entire circumference be guarded in such a manner that
men and material can not fall into the wheel course.
In the case of horsepower the wheels and shafting must be entirely covered, and in
the case of horizontal horsepower also the connecting shaft; the covering may be re
moved only for the purpose of oiling, inspection, etc., after the draft animals have been
unhitched. The transmission of the power from the horsepower to the working
machine must be so constructed that if the draft animals suddenly come to a standstill
the horsepower will not continue to move.
Power engines which require cranking shall be provided with appliances for the
flywheel if the latter’s outer diameter exceeds 1.6 meters (5.25 feet) or if in case of small
diameter the flywheel is hard of access.
Hydraulic motors are to be so constructed that they can be stopped and uncoupled
from the operating building or from the turbine house. The stopping appliances
(sluice boards, sliding gates, etc.) must be so constructed as to close tightly thus
32447°—Bull. 142—14------16
242
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
preventing an accidental starting of the hydraulic motor. In case of repairs or the re
moval of ice, etc., water wheels are to be stopped and locked by strong locking devices.
In the case of turbines operating under a high head all inlet pipes through which
a person can pass must be provided at their lower end with a manhole.
The danger of back pressure ignition in explosive and eoml is ti^ motors is to be
prevented by suitable check valves.
The construction and operation of machinery and appliances for the production,
motorial use, transforming, storage, and conducting of electric currents is to be gov
erned by the “ safety regulations for strong electric currents’’ determined upon in
1899 by the electrotechnical congress in Vienna and issued and revised by the electro
technical association of Vienna.
Transmission o f power.—All live shafting is to be arranged in such a manner that it
may be stopped independently of the operating engine. Shafting, belt pulleys,
toothed wheels, and other moving transmission parts which are within, a distance of
less than 2 meters (6.56 feet) above the floor are to be covered; vertical belts are to be
protected with lagging up to 1.8 meters (5.91 feet) above the floor; shafting passing
through the floor must be securely covered. Protruding keys, bolts, etc., on moving
transmission parts are to be avoided or covered by smooth casing; the intermeshing
of cog and bevel wheels are also to be covered.
In establishments with continuous operation, in which the regular attendance on
transmissions is also required during operation, platforms with skirting boards and
a safe fixed railing are to be erected alongside of those belts and countershafts wdiich
are located at a height exceeding 4.5 meters (14.76 feet).
The transmission bearings are to be equipped as far as possible with automatic
lubrication. Hook ladders so constructed that slipping is prevented as much as
possible must be provided for the attendance on transmissions.
Belt shifters or other suitable contrivances shall be provided for the putting on
during operation of belts which are wider than 40 centimeters (15.7 inches) or in case
of lesser width run with a velocity exceeding 10 meters (32.81 feet) per second. Fixed
Supports for holding belts or ropes when thrown off are to be installed near the belt or
rope pulleys on the transmission shafts. Belt and rope driving with which workmen
may come in contact is to be protected. Horsepower belting, belting running with
a velocity in excess of 10 meters (32.81 feet) per second, or with a width, exceeding 180
millimeters (7.09 inches), also rope and chain driving are to be guarded in such a
manner that the belt, rope, and chain in case of breaking may smoothly run off. Driv
ing belts must have neither flapping ends nor protruding rivets or fasteners.
Working machines and shop equipment.—Each working machine operated by motive
power must be provided with a loose pulley and a reliable shifting fork or with some
other dangerless, quick, and safely working stopping device. The starting mechanism
and other movable parts of working machines and auxiliary equipment shall be cov
ered or guarded in so far as the workmen come in contact with them and are exposed to
injury, and in so far as the operation of the machines permits it. Especially the mesh
ing of cog and bevel wheels, the inlet places of friction cones and disks, also fast running
cog gearing are to be covered and the excursion of counterweights, balancing apparatus,
governor balls, etc., is to be guarded. Protruding keys, screw heads, and nuts on
rotating shafts and pulleys, and protruding shaft ends are to be smoothly incased,
and fast revolving belt pulleys or flywheels are to be covered. Suitable protective
appliances are to be provided on the inlet sides of rolls, if the material is not introduced
automatically or by means of supports or other suitable devices, and the operation
permits it, so that getting the hands into them is prevented. Carding rolls and revolv
ing cutters are, under all circumstances, to be protected by covering or a frame.
Grindstones must be so installed that they can be stopped independently of the
transmission. Mill* wheels and emery wheels operated by motive power must have
FACTORY INSPECTION IN EUROPE— AUSTRIA.
243
round bores and shall not be fastened to the shaft with wedges. Supporting appliances
are to be provided for the sharpening of tools. Wheels whose rim velocity exceeds
10 meters (32.81 feet) per second are to be protected with sufficiently strong adjustable
hoods.
Circular saws in so far as their mode of use permits the equipment with a protective
appliance are to be provided on the back of the saw blade with a close fitting wedge,
and the part of the saw blade located under the table board is to be protected on
both sides against contact. If reliable feeding apparatus is not in existence the upper
part of the saw blade, is to be provided with an adjustable hood.
Reservoirs, tanks, boilers and other open receptacles having a depth of more than
0.85 meters (2.79 feet) or designated to receive corrosive, poisonous, or hot substances
shall be suitably railed in or reliably covered, unless their brim is located at least
0.85 meter (2.79 feet) above the floor or the station of the workman.
Piping for steam, gases, acids, alkalies, or hot liquids running into apparatus the
interior of which is accessible must be provided with reliable stop valves.
Wooden ladders shall be constructed of sound, strong material; the rungs must be
inserted in such a manner that they can not move; nailed-on boards or ledges arenot
permissible for rungs. In the case of double ladders both arms are to be connected
by hooks and loops; the joints shall be fastened with rivets or nut screws.
Elevators, lifting apparatus, rammers, and pile drivers.—Elevator shafts shall, at all
accessible places, with exception of the landings for passengers or freight, be inclosed
or guarded up to a minimum height of 1.8 meters (5.91 feet) in such a manner that
all danger is excluded. Freight and passenger landings of all floors are to be provided
with doors or barriers closing the shaft automatically on the starting of the elevator
or making the movement of the latter possible only if the doors or barriers are closed.
If block-and-tackle hoists are used the freight landings must be suitably guarded
so as to prevent the falling of persons or material. Each elevator used for passengers
must be provided with an automatic safety apparatus or a speed governor and with a
protective roof. In the case of directly operated hydraulic elevators used for passengers,
a safety contrivance preventing the dropping of the elevator in case of break of a
pipe is to be inserted between the controller and the driving cylinder. If several
hydraulic elevators are fed in common by one accumulator an isolating valve must
be inserted in each delivery pipe. Each freight or passenger landing must have
sufficient light or be properly illuminated. Elevators operated by motor power must
be provided with an automatic contrivance limiting the run at top and bottom.
The driving machinery of elevators, bucket elevators, self-acting inclined planes,
cranes, worm conveyors, etc., are to be guarded, unless they are protected by their
location. Counterweights must run in safe guides and all toothed gearing exposed
to contact is to be covered. Elevators, bucket elevators, and all similar hoisting con
trivances must be so constructed that persons employed below them are not endan
gered by the falling of materials. Vertical bucket elevators are to be guarded at all
places of access with the exception of places of attendance.
Self-acting inclined planes are to be equipped in such a manner with proper con
trivances, brakes, double ropes, safety catches, etc., that persons at the foot can not
be endangered by cars rolling down. The braking appliance must be so constructed
that the brake is set while standing still and is released only at the beginning of the run.
Cranes and winches are to be provided with pawls and ribbon brakes or other reliably
working braking contrivances. If the burden is to be lowered by gravity and the
machine has two rates of speed, it must be provided with a catch to prevent automatic
change to the faster speed.
At rammers and pile drivers protecting screens must be provided for the workmen
employed at them, and for the safety of the near-by working places and passageways.
244
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Traveling cranes operated by a craneman must be equipped with sufficiently safe
and railed-in platforms or galleries to prevent the falling of men and material. All
accessible cogwheels are to be covered. On each crane must be plainly marked its
carrying capacity in kilograms.
Before being put into use all elevators must, while loaded with the highest permis
sible tonnage, be tested by an expert or an operating official with a technical education
with regard to their mechanical equipment and safety apparatus. The carrying parts
are to be tested for at least 20 minutes with double the permissible tonnage for which
the elevator is rated. The load must hang free during the test. This inspection has
to be repeated in case of passenger elevators at least every three months and in case
of freight elevators every six months.
All parts of other hoisting apparatus which are subject to a severe strain are to be
tested at least once per year as to their carrying capacity and safe operation. At
cranes with a capacity up to 25 metric tons (27.6 tons), inclusive, the test is to be made
with a tonnage 25 per cent higher, while at cranes with a greater carrying capacity the
test burden should be 10 per cent higher than the carrying capacity. Records shall
be kept of all tests made.
Transportation.—Where the switching of railroad cars on industrial tracks is done by
men or draft animals the switchmen are to be furnished with brake sticks,, brake blocks,
wedges, etc. Draw chains or ropes of a minimum length of 2.5 meters (8.2 feet) are to
be used if the switching is done with the help of draft animals. Industrial railroads at
which the switching is effected by motive power must be equipped with all appliances
required for the orderly operation of railroads.
On inclined planes used for the transportation of materials reliable braking is to be
effected by providing a sufficient number of vehicles supplied with brakes.
Turntables and traveling platforms must be so constructed that they can be locked
when in their correct position.
Sliding rails or boards used in the loading or unloading of heavy objects are to be
secured against accidental slipping or overturning, and during the winter must be
cleaned of ice and sprinkled with ashes, sand, etc. The vehicles are to be secured by
proper contrivances against overturning. Dumping cars must be provided with suit
able appliances for securely holding them at any angle. Rolls, pipes, cylinders,
barrels, etc., while transported are to be secured against rolling down.
Storage.—In storage rooms located above other rooms the maximum permissible load
per square meter in kilograms must be posted. Where materials are piled up in great
quantities suitable measures are to be taken to prevent a collapsing of the piled up
goods.
Stocks of liquid combustibles may be stored only in fireproof, well-ventilated rooms,
separated from other workrooms, and whose floor is situated lower than that of the
adjoining rooms. Such storage rooms, in which a supply of suitable extinguishing
materials, such as sand, ashes, etc., is always to be kept on hand, may neither be used
for the storage of other materials nor for other purposes and may be entered only with
safety lamps.
Protective measures.—Workmen who by the nature of their occupation are exposed to
a possible injury of their eyes by vapors, corrosive or hot liquids, splinters, incandescent
or molten materials are to be provided with goggles, eye shades, or face masks. All
other workmen are, if it seems necessary, to be protected by screens or nets.
Workmen whose respiratory organs seem endangered by gases, vapors, or dust must
be equipped with respirators or other suitable protective appliances. All these appli
ances must always be kept in clean condition.
Workmen exposed to burning, welting, or injury of their feet are to be provided with
suitable footwear. Those handling strong acids, hot, corrosive, or poisonous liquids,
or employed in the transportation of sharp-edged or pointed objects are to be equipped
FACTORY INSPECTION IN EUROPE---- AUSTRIA.
245
with, aprons of leather or other suitable material, and in so far as the manipulation per
mits it with hand leathers or gloves of strong material. If there is danger of injury by
incandescent or molten metal, they are moreover to be provided with leg guards.
Workmen handling materials injurious to the health, such as yellow phosphorus, lead
products, mercury, etc., as also those employed in the assorting of rags, are to be sup
plied with special work clothes, and provision is to be made for the latter’s cleaning
and storage. Workmen occupied in emptying receptacles containing strong acids, hot,
corrosive, or poisonous liquids and not provided with delivery cocks must be provided
with safety siphons, pumps, etc.
The materials necessary for the giving of first aid (bandages, styptics, restoratives,
disinfectants, etc., and, if necessary, also means of transportation) must always be kept
on hand in all large scale establishments and also in each establishment exposing its
workmen to special dangers. Establishment managers and the supervisory personnel
must know the use of these materials.
Wash and bath rooms and wardrobes.—Provision is to be made in each establishment
for a sufficient supply of water for drinking and washing purposes. Each large scale
establishment in which injurious, corrosive, or poisonous gases, liquids, or solid sub
stances are used or in which there may be a heavy generation of dust, or other causes
for pollution shall be equipped with separate wash and dressing rooms for both sexes
and with corresponding washing appliances. Those large establishments in which it
becomes necessary for specified groups of workers to undergo a thorough cleaning or
cooling of the body to avoid injurious consequences must be provided with suitably
arranged bathing appliances and with soap and towels. Provision must also be made
to protect the workmen’s clothing, removed by them before starting work, against
influences injurious to the health, such as dampness, dust, or vapors.
Privies .—The local building and sanitary regulations determine the number and
construction of privies. Wherever such regulations are not in existence the standard
shall be followed of one accommodation for each 30 persons. The privies shall be
conveniently located. If the privies are located inside a building in which work is
carried on, the conduit pipes must be connected with ventilator pipes of at least 25
centimeters (9.84 inches) diameter and reaching above the roof. Privies not provided
with a flushing device shall not be in direct connection with workrooms, but be sep
arated from them by well-ventilated anterooms or roofed-in passageways.
Privies shall have sufficient light or be suitably illuminated and be constructed
weatherproof. Large-scale establishments must have separate privies for each sex,
with separate entrances properly designated. Privies for men shall be provided with
urinals of impermeable material, to be kept in a nonleaking condition. Privies and
urinals shall always be kept in a clean condition and those not flushed by water are to
be provided with appliances preventing bad odors.
The regulations contained in the preceding decree, which were the result of pro
tracted and thorough discussions of the Commission for the Prevention of Accident,
as also of joint discussions of the interested central authorities and their technical
bodies, have the purpose to secure a construction and technical equipment of the work
rooms corresponding to the requirements of hygiene and safety, and to safeguard in this
manner the industrial workers as much as possible against the dangers and injuries
arising from industrial labor, and on the other hand to remove the numerous complaints
of employers with regard to the irregular application of article 74 of the Industrial Code.
The preceding general protective regulations do, however, not exclude the issuing
of special regulations by the industrial authorities in the case of establishments which,
on account of local or operating conditions after a hearing of experts, are deemed
necessary.
The Minister of Commerce jointly with the Minister of the Interior has, under date of
November 23,1905, issued an order containing instructions for the political and indus
246
BULLETIN 01' THE BUREAU OF LABOR STATISTICS.
trial authorities concerning the enforcement of the decree of the same date. These
instructions are based on the following principles:
1. In all establishments to be licensed by the industrial authorities after January 1,
1906, the preceding general protective regulations are to be enforced immediately and
unconditionally.
2. The same applies also to all changes in the construction and equipment of such
establishments.
3. These general protective regulations shall also serve as a basis in the issuing of
regulations, if the industrial authorities on inspecting the location of establishments
to be newly erected and not subject to the law requiring a license find occasion to
prescribe to the owner of the establishment measures based on article 74 of the Indus
trial Code.
4. The general protective regulations issued for newly erected establishments
should also be considered as a goal to be reached by existing industrial establishments,
and the industrial inspectors and authorities by their tactful influence should advance
the voluntary adoption of these regulations.
That the purpose by which the standardization of the provisions of article 74 of the
Industrial Code was actuated may be actually successful, it is finally necessary to
regulate the operation o! the establishments and the conduct of the workmen in such
a manner as is required to make operation as nearly without danger as possible. The
two above-mentioned ministers issued, therefore, as an appendix to their order a series
of directions which have as their object the regulation of the industrial operation and
the conduct of the workmen, and whose incorporation in the working regulations (shop
rules) is-warmly recommended by them to aO owners of establishments.
BELGIUM.
Legislation for the protection of workers in Belgium begins with
the imperial decree of January 3, 1813, relating to workers in mines.
Among its provisions occurs the first prohibition of work of children
under 10 years of age. This law also provided for its enforcement
by the appointment of a corps of mining engineers. There was,
however, no legislation for a long time concerning industrial workers.
In 1843 a commission was appointed to investigate industrial
conditions in the Kingdom and, after a thorough investigation, it
made a report published in three volumes in 1846-1849.
A number of projects were laid before Parliament for labor pro
tection in industries, but few laws were enacted until June 28, 1884,
when the minimum age of children admitted to work was raised for
boys to 12 years and for girls to 14 years. A second industrial
investigating commission, appointed on August 15, 1886, was fol
lowed by the enactment of the laws of 1887, 1888, 1889, and 1894.
Labor inspection was first instituted by the law of May 5, 1888,
by which a special corps of inspectors was appointed for the super
vision of establishments regarded as dangerous, unhealthy, and unsuit
able. The law gave to them as well as to inspectors of machinery
and boilers the right of entry to all establishments subject to their
supervision. Infractions of the law were to be punished by fines
from 26 francs to 100 francs ($5.02 to $19.30). Obstruction of
work of inspectors was also to be punished with fines from 26 to 100
francs ($5.02 to $19.30). Violations of the law repeated within one
year of a previous condemnation were to be punished more severely.
The first inspectorial force appointed according to the law of 1888
was a comparatively small one, but with the agitation of the Social
Democrats, who first came into the Belgium Parliament in 1894, the
Government was compelled to reorganize the inspectorial department,
which was done by the law of 1895. At first there were only 22
inspectors and the whole department consisted of 30 persons. The
increase in the number of inspectors since that time has been very
slow and the organization of the labor-inspection department has
not materially developed since its inception in 1895.
SCOPE OF LABOR LAWS AND THEIR ADMINISTRATION.
The Labor Code of Belgium consists of a number of laws issued
from time to time, these laws not being as yet consolidated or codified,
as is the case with the Industrial Code of Germany, Austria, or France.
247
248
BULLETIN OF THE BUREAU OE LABOR STATISTICS.
All of the labor laws are to be found in the volume published by
the Ministry of Industry and Labor; entitled “ The Laws and Regula
tions Concerning Labor and Regulation of Classified Establishments
(Lois et Reglements concernant la Police du travail et le Regime des
etablissements classes).
The laws are classified according to the subjects. Thus there are a
number of laws, such as:
On labor o f women, young persons, and children in industrial establishments.—The law
of December 13, 1889; circular of December 22, 1890; royal decree of December 24,
1890; ministerial circular of February 3, 1903; royal decree of December 13, 1889;
decree of December 26, 1892, relating to protected persons in the various industries.
Nightworh o f women.—Law of May 28, 1908; law of August 10, 1911; royal decree
of June 14, 1912.
Sunday rest.—Law of July 17, 1905; royal decree of July 28, 1906; royal decree of
May 27, 1907; royal decrees of April 15 and August 18, 1907, and December 30,1910;
ministerial interpretative decisions of the law of July 17, 1905.
Shop regulations.—The law of June 15, 1896; royal decree of September 4, 1896;
circular of August 20, 1897; royal decree of May 31, 1899.
Payment o f wages, etc.—Law of August 16, 1887; royal decree of December 5, 1887;
circular of December 19, 1887; law of July 30,1901; royal decrees of October 28, 1901,
October 1, 1903, and July 16, 1905.
Health and security o f worlcers.—Laws of July 2, 1899, June 25, 1905, April 30, 1909,
August 20, 1909; royal decrees of March 31,1905, November 20,1906, August 20,1908,
June 15, July 20, and July 25, 1910; ministerial decrees of July 25 and September 14,
1910.
jRegulation o f classified establishments.—These establishments are regulated by not
fewer than 18 various laws, royal decrees, ministerial decrees, ministerial decisions,
and ministerial circulars.
Labor contracts.—Law of March 10, 1900, and circular of August 29, 1900.
Compensation fo r industrial accidents.—December 24, 1903; royal decree of Decem
ber 20, 1904; December 23, 1904.
Inspection o f labor.—This is regulated by the law of May 5, 1888, and by the royal
decree of October 22, 1895, with a number of subsequent laws and royal decrees and
ministerial decrees.
The following is a brief and incomplete summary of the most
important items of the labor laws.
LEGISLATION IN REGARD TO PROTECTED PERSONS.
The labor laws of Belgium give in detail many provisions for the
protection of women, young persons, and children, referring not only
to general conditions but to particular industries and even to pro
cesses in each industry.
Children under 12 years are prohibited from working.
Male young persons between 12 and 16 years and female young
persons between 12 and 21 years are allowed to work under restrictions
given by the various laws and decrees.
Adult women are not permitted to work within four weeks after
their confinement.
FACTORY INSPECTION IN EUROPE---- BELGIUM.
249
Male children under 16 years and female young persons under 21
years may not work at night between 9 p. m. and 5 a. m.
The royal decree of December 26, 1892, makes special provisions
as to duration of work and conditions under which children, young
persons, and women may work in specific industries. Each industry
is designated as well as the processes in the industry and the exact
duration of labor allowed in each industry and process. The daily
as well as the weekly maximum hours of labor are given for each
industry.
Besides these restrictions, the royal decree prohibits the working
of young male persons under 16 years and female persons under 21
years in 46 specially dangerous industries. In another large group
of industries, the same decree, in article 6, specifies the part of the
establishment in which the protected persons are not allowed to work.
The recommendations of the Belgian Section of the International
Association for Labor Legislation were embodied in the law of August
10, 1911, and nightwork of all women is entirely prohibited. Certain
seasonal industries are excepted by royal decrees. Exceptions may
also be granted for the working up of perishable materials and in
cases of force majeure.
HEALTH AND SAFETY OF WORKERS.
A number of laws and decrees have been issued concerning the
health and safety of workers, the prevention of accidents, etc.
There are few countries which give so many specific instructions
and which make such detailed regulations for trades regarded as
dangerous, unhealthy, and unsuitable, because of their effects either
upon the public at large or upon the workers within the establish
ments. These “ classified establishments” need an authorization for
beginning operation. The authorization of such establishments is
quite a complicated affair in which the Ministry of Labor is involved
and sometimes other ministries as well as various local authorities.
Certain establishments in the classified list require the authorization
of a large number of functionaries and technical commissions.
Thus, according to article 7 of the royal decree of December 27, 1886,
the technical functionaries who may be called upon to report on
certain establishments in the classified list are the following:
1. Superior council of public hygiene;
2. Inspectors of dangerous establishments;
3. Functionaries of the inspection department of the local roads
and nonnavigable waters;
4. Medical provincial commissions and public-health authorities;
5. Provincial technical functionaries;
6. Mining officials;
7. Engineers of bridges and roads.
250
B ULLETIN OF THE BUREAU OF LABOR STATISTICS.
The royal decree of May 31, 1887, which gives the nomenclature of
the establishments classified as dangerous, unhealthy, and unsuitable
gives in detail the names of such establishments according to alpha
betical order with the explanation of the principal dangers of each
establishment. This list fills 61 pages of the volume on labor laws
and consists of from 450 to 500 classes of establishments.
Besides this general decree there are a number of special decisions
and ministerial orders which add to these industries as well as inter
pret certain regulations. Certain industries which are particularly
unhealthy are under special rules and are supervised by the medical
inspectors.
In certain dangerous occupations, such as phosphorus-match manu
facture, white-lead manufacture, etc., the law requires every worker
to undergo a monthly medical examination by a physician, approved
b y the Minister of Labor. The physician is obligated to keep a
register in which the results of the examination are to be inscribed
and which is to be open to the inspectors. According to a ministerial
order of February 11, 1913, the fees of physicians for medical exami
nations are as follows:
For visits made on days, hours, and in localities fixed by the physi
cian: 2 francs (38.6 cents) for the first person examined; 50 centimes
(9.7 cents) for each of the next nine persons examined; and, 25
centimes (4.8 cents) for each additional person examined. For visits
made on days, hours, and in localities according to the choice of the
employer: 7 francs ($1.35) for examination of first dozen or fraction
of a dozen workers; 2 francs (38.6 cents) for the second, third, fourth,
and fifth dozen or fraction of a dozen employees; and 1 franc (19.3
cents) for examination of every dozen or fraction of a dozen following.
Fees are doubled if the examinations are made on Sundays or on
legal holidays.
OFFICE OF LABOR.
The general administration of all the labor laws is centered in the
office of labor {Office d u Travail), which is at present a part of the
Ministry of Industry and Labor {Ministere de L ’Industrie et d u Travail) .
The office of labor was organized on April 12, 1895, and has charge
not only of the administration and enforcement of the laws, but of
various investigations connected with labor and industry. The
office of labor is divided into six sections.
The first section has to do with the gathering of statistics and
making special investigations and researches. This section issues a
publication called “ Kevue de Travail. ”
The second section is that of “ Conciliation.” This section, which
is under the council of industry and labor, takes charge of investiga
tions of strikes, lockouts, etc., and also of endeavors for conciliation
FACTORY INSPECTION IN EUROPE---- BELGIUM.
251
and arbitration between workers and employers. This section issues
an annual of labor legislation.
The third section takes charge of the inspection of labor and of
dangerous, unhealthy, and unsuitable establishments and has charge
of the administration of the factory acts and factory inspection.
The fourth section occupies itself with insurance against industrial
accidents.
The fifth section takes charge of general social insurance, old-age
pensions, etc.
The sixth section deals with trade and labor organizations and
unions.
SUPERIOR COUNCIL OF LABOR.
This institution, modeled after the French one, was established
April 7, 1892, and consists of 48 members. Its functions are to be a
consulting corps to the Government, to discuss matters relating to
labor, and to make recommendations to the Government. The
council has no executive or legislative powers. All the members are
named by the King for a term of four years. Sixteen are representa
tives of the laboring class, sixteen are employers, and sixteen
are persons well versed in economic and social questions— men
connected with universities, political economists, etc. Most of
the laws and royal decrees as well as ministerial decrees and circulars
are discussed first at the meetings of the council without, however, the
council having any direct voice in the action of the King or the
ministry.
SCOPE AND CHARACTER OF ADMINISTRATION.
The administration of the labor laws so far as they relate to indus
trial and commercial establishments is the function of the factoryinspection department. The enforcement of the labor laws in so far
as they relate to mines, quarries, and metallurgical establishments
is in the hands of the mining engineers and their assistant delegate
inspectors.
The function of the labor inspectors is the enforcement of the fol
lowing classes of laws:
1.
The laws relating to classified establishments which are regarded
as dangerous, unhealthy, and unsuitable.
The work of the inspectors in respect to this law is (a) to grant
or refuse applications for authorization of new establishments;
(b) to prevent these establishments from becoming a public
nuisance; and (c) to prevent these establishments from pro
ducing injuries to health and life of the workers within them.
There are between 450 and 500 categories of classified estab
lishments, and the law applies to these regardless of the number
of workers in each establishment.
252
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
2. The laws concerning the labor of women, young persons, and
children.
In relation to these laws the inspectors must ratify the ages of
the children and note the conditions under which they work.
These laws apply not only to factories, shops, and classified
establishments, but also to transportation agencies on land and
water, ports, stations, etc., and to all public and private estab
lishments, as well as those haying professional or philanthropic
establishments. The enforcement by the inspectors, however,
does not apply to establishments in which only the members of
the. family are employed under the authority of the father and
mother, provided such establishments are not classed as dan
gerous, unhealthy, or unsuitable and the work is not done by the
aid of steam power or mechanical motors.
3. The law concerning payment of wages.
This law applies to all industrial establishments irrespective of the
number of employees, and relates to cash payments of wages, to
fines, etc.
4. The laws as to workshop books and regulations*
This law does not apply to establishments having less than five
workers and relates to the notices, registers, books, etc., which
are to be kept by each establishment.
5. The laws on Sunday rest in industrial and commercial estab
lishments.
6. The laws concerning the security and health of the workers in
industrial and commercial establishments.
These laws prescribe measures insuring the sanitation of the work
shops and the health and security of the workers; regulations
for prevention of accidents and the standards for sanitation and
safety in industrial establishments.
7. The laws concerning compensation for injuries resulting from
industrial accidents.
The inspectors are charged with the investigation of certain cases
of accidents, which are to be reported to the factory inspection
department. The inspectors have power to enter establish
ments under their jurisdiction as well as to question the occu
pants of these establishments.
PROCEEDINGS, PENALTIES, AND FINES.
In cases of violations or infractions of the law, inspectors are to
make a report which is communicated to the employers within 24 or
48 hours. Such a report is transmitted to the royal prosecutor who
proceeds before judicial tribunals.
The following shows the various fines imposed:
Acts of March 6, 1818, January 29, 1863, August 16, 1887: Fine of
26 to 100 francs ($5,02 to $19.30): first repeated offense, fine of 100
FACTORY INSPECTION IN EUROPE---- BELGIUM.
253
to 1,000 francs ($19.30 to $193); second repeated offense within one
year, fine not exceeding 2,000 francs ($386).
Articles 14 and 17-C of the act of December 13, 1889; article 2 of
the act of May 5, 1888; act of April 11, 1896; and article 4 of the act
of May 25} 1905: Closing of work places in the dangerous trades.
Act of June 15, 1896: Fine of 26 to 100 francs ($5.02 to $19.30);
fine of 26 to 500 francs ($5.02 to $96.50); fine of 26 to 200 francs
($5.02 to $38.60). If the offense is repeated within one year the fines
are doubled.
Act of December 24, 1903: Fine of 5 to 25 francs (96.5 cents to
$4.83).
Act of July 17, 1905: Fine of 26 to 100 francs ($5.02 to $19.30);
fine of 101 to 1,000 francs ($19.49 to $193); fine of 1,001 to 5,000
francs ($193.49 to $965), according to size of establishment; doubled
for repeated offenses within five years.
Act of August 20, 1909: Fine of 26 to 1,000 francs ($5.02 to $193);
repeated offenses within one year, fine of 100 to 1,000 francs ($19.30
to $193).
Parents and guardians of children unlawfully employed, fine of 1 to
25 francs (19.3 cents to $4.83); doubled for a repeated offense.
ORGANIZATION.
The supervision of the labor inspection department is under the
King, the Minister of Industry and Labor, and the director of the office
of labor. All appointments of inspectors are made b y the minister
in the name of the Kang upon recommendation of the director of
the department. Interpretations, amendments, and amplification
of the law are frequently made, either by royal decrees or by minis
terial circulars and decrees. The granting of important exceptions
and exemptions from the law is also under the jurisdiction of the
Minister of Industry and Labor and the director of the department,
except individual cases which are passed upon by the inspectors and
reported to the director.
CENTRAL ADMINISTRATION.
The department of labor constitutes the third section of the office
of labor, and is divided into two main sections: (1) the central admin
istration and (2) the provincial service.
The central administration consists of (a) the central administra
tive au thorites, (6) the medical factory inspectors, and (c) the female
inspectors.
The total budget of the whole department as constituted on July
1, 1912, and which has served for the budget of 1913, amounts to
360,000 francs ($69,480).
The central administrative force consists of a chief inspector gen
eral, two general inspectors, two or more inspectors and deputy inspec
tors, and four editors for the reports, etc.
254
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
The inspector general and his assistants have the immediate super
vision of all the provincial force, receiving from them bimonthly
reports and generally following their work very closely.
The medical division of the department consists of a chief inspector,
his two assistants, and two or more provincial medical inspectors. The
duties of the medical inspectors are to enforce the decree of March 25,
1890, in relation to work in match factories; the decree of February
4,1895, relating to rag-sorting places; the decree of December 31,1894,
relating to the manufacture of white lead and other lead compounds;
the decree of May 13, 1905, on the use of white lead in the painting
of buildings; the laws and decrees relating to vaccination of workers
employed on certain dangerous stuffs, first-aid help for victims of
accidents, women working within four weeks of their confinement,
etc. They also supervise approved physicians in dangerous trades.
The section of female inspectors consists of two inspectors who have
charge of the visiting of certain establishments where large numbers
of women and children are working— the clothing, textile, and milli
nery industries, as well as certain mercantile and commercial es
tablishments. At present there is only one female inspector.
PROVINCIAL INSPECTION SERVICE.
The whole Kingdom of Belgium is divided into 10 ^provincial dis
tricts, as follows:
District 1, with an office at Brussels, has one principal inspector,
two assistants, and two delegated inspectors of the working class— a
total of five inspectors.
District 2, with an office at Louvain, has one inspector.
District 3, with an office at Antwerp, has one principal inspector
and two assistant inspectors— a total of three inspectors.
District 4, with an office at Ghent and consisting of eastern Flanders,
has one chief inspector, three assistants, and two delegated inspectors
of the working class— a total of six inspectors.
District 5, with an office at Bruges, has one delegated inspector.
District 6, with an office at Courtrai, has one inspector and one dele
gated inspector of the working class— a total of two inspectors.
District 7, with an office at Houdeng-Goegnies, has one assistant
inspector and one delegated inspector— a total of two inspectors.
District 8, with an office at Mons, has one chief inspector, one assist
ant inspector, and one delegated inspector of the working class— a total
of three inspectors.
District 9, with an office in Namur, has one inspector and one assist
ant inspector— a total of two inspectors.
District 10, with an office at Liege, has one chief inspector, two
assistant inspectors, and two delegated inspectors— a total of five
inspectors.
255
FACTORY INSPECTION IN EUROPE---- BELGIUM.
The inspectorial force of the department of labor at Belgium con
sists of the following:
Inspector general....................................................................................
Chief inspectors.......................................................................................
Medical inspectors:
Chief..................................................................................................
Central...............................................................................................
Provincial........................... .............................................................
Assistant inspector at central office.......................................................
Provincial chief inspectors.....................................................................
Provincial inspector engineers...............................................................
Assistant inspectors............................................................. ...................
‘.'Delegated inspectors...............................................................................
Female inspectors....................................................................................
1
12
Total...............................................................................................
42
(2)
2
2
1
5
5
12
10
2
SALARIES.
The annual salaries of inspectors (as furnished the writer by the
director of labor from an extract of the budget of 1913) are as follows:
First inspector general....... 10, 000
francs ($1, 930.00)
Chief inspectors.................. ...9, 000-10, 000 francs ($1, 737-$l, 930. 00)
Provincial chief inspectors.. 7, 500- 8, 500 francs ($1,447. 50-$l, 640. 50)
Medical inspectors................. 6, 500- 7, 500 francs ($1, 254. 50-$l, 447. 50)
Inspectors................................4, 500- 6, 500 francs ($868. 50-$l, 254. 50)
Assistant inspectors............. ...2, 400- 4, 000 francs ($463. 20- $772. 00)
Editors.................................. ...2, 400- 4, 000 francs ($463. 20- $772.00)
Delegated inspectors........... ...2, 200- 2, 600 francs ($424. 60- $501. 80)
One of the peculiarities of the law in Belgium is that inspectors are
appointed without any civil-service examination and their salaries,
promotion, and perquisites are entirely at the will of the King,
the Minister of Industry and Labor, and the director of labor. The
inspectors are not entitled to a pension, but are usually given one,
according to the system in vogue in Belgium, after 20 years of service.
One inspector was given a pension of 2,000 francs ($386) after 20
years of service. Provincial inspectors are supposed (article 11 of
the decree of Oct. 22, 1895) to do actual inspection work during 150
to 200 days and permanent delegated inspectors during 50 to 100
days.
Inspectors are given 15 days’ vacation with full pay and are also
entitled to four days* sick leave with pay. The female assistant
inspector, gets 1,800 francs ($347.40) per year.
Inspectors are entitled to traveling expenses when they go farther
than 2 kilometers (1.24 miles) from their residences. The traveling
expenses of the central administrative inspectors are fixed by the
minister.
1 In clu d in g th e chief m edicaLlnspector.
a In c lu d e d in “ chief in spectors/*
256
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
SELECTION, APPOINTMENT, AND PROMOTION.
As already noted, there is no examination for the appointment of
inspectors, nor is their selection and appointment, as well as their pro
motion, hedged around with so many precautions and formalities as
in other countries. The appointive power is nominally in the hands
of the King; but practically it is under the jurisdiction of the Minis
ter of Labor, who may or may not consult the director of the office of
labor and the chief inspector. The four classes from winch the ap
pointments are made are as follows: Physicians for the medical divi
sion, engineers for the inspectors and chief inspectors, while the two
other classes are taken from either employers or workers at the will
of the minister.
In the mining division of inspection there are not fewer than 39
workmen delegates and nearly twice as many engineers. In the labor
inspection department, however, there are only five inspector dele
gates who have been workingmen.
There seems to be great competition for the position of inspector
and many well-to-do and prominent persons seek for these positions.
Two inspectors in Brussels own automobiles and use them to make
inspections in their respective districts. The writer was informed
that there are a number of other inspectors who are likewise able to
afford such luxuries, and certainly not from their meager salaries.
One of the inspectors in Brussels is the son of the public prosecutor.
WORK OF INSPECTORS.
The reports publis bed by the officeof labor, entitled 11Annual Reports
of the Inspection of Labor ” (Rapports A n n u e l s de VInspection d u
Travail), although voluminous, do not contain statistical data as to
the number of estabhshments and workers throughout the country,
nor is there to be found a general statistical table of all the work of
the inspectors or of the central office. Each annual report simply
consists of the reports of the ten inspectors in the ten inspectorial
districts, of the female inspectors, and of the medical inspectorial
division. The report is divided into several sections, as follows:
Estabhshments visited; work of protected persons; Sunday rest;
workshop regulations; payment of w^ages, etc.; health and security of
workers; industrial accidents; establishments which are dangerous,
unhealthy, or unsuitable. There are usually two short sections which
contain the report on open air pits, etc., and on tests of receptacles for
compressed or liquified gas.
The reports are not always full, nor are the- inspectors required to
make them uniform. Thus, it happens that one inspector gives some
sections of his report in full and gives a short account of every viola
tion found, fines imposed, etc., while others skip over the matter and
report briefly on other subjects. Again, some of the inspectors give
257
FACTORY INSPECTION IN EUROPE---- BELGIUM.
a detailed account of the different categories of protected persons,
while the statistics of others are meager. In the report covering
1911, upon which the following figures are based, the inspector of the
fifth district has even omitted to state the number of persons working
in his district in the establishments inspected.
The number of industrial establishments subject to inspection has
been estimated by Prof. Mahaim 1 to be over 80,000, with an indus
trial population of over 600,000. The number of establishments is
probably much larger, as in this number are not included home
shops, which are especially dangerous to health, and which are also
supposed to be under the supervision of the inspectors.
With a force of thirty odd inspectors it is hardly possible to cover
much ground, especially since the inspectors have so many other
duties to perform. According to the report of 1912 the inspectors of
the 10 districts did the following work in 1911:
D istrict.
E sta b
Inspec lish
m ents
tors.
visited.
Persons Applica
in in
Acci
tions for
Viola
spected au th o ri dents
tions
establishzation dis reported. reported.
m ents. posed of.
5
2,148
30,250
F ir s t..........................................................................
1
581
18,595
Second......................................................................
3
2,408
76,740
T h ird ........................................................................
6
F o u rth ......................................................................
2,738
95,228
1
405
F ifth
.........................................................................
10,602
2
S ix th .........................................................................
1,250
39,188
3
1,236
36,059
Seventh ..
.......................................................
1,044
31,548 3
E ig h th ......................................................................
2
23,462
N in th ........................................................................
1,503
1,909
T e n th .......................................................................
5
44,120
411
75
187
201
67
121
78
51
72
310
14,282
4,796
14, 761
10,208
2,872
156
17
18,961
5,970
15,387
In reading over the reports of the inspectors one is struck with the
large number of accidents which are reported to the inspectors, and
with the comparatively small number of investigations made by them.
Some of the inspectors made only from 18 to 25 investigations, while
the total number of accidents in their districts was above 10,000.
Some of the inspectors give in detail the judicial proceedings and
penalties which are imposed for each violation, and from their report
it seems that 3 francs (57.9 cents) and 5 francs (96.5 cents) are the
fines frequently imposed for even serious violations.
Thus, an inspector of the second district reports a judicial decision
on a violation of the law requiring the authorization of dangerous
establishments. The fine in this case was 20 frapes (S3.86); another
establishment which had no authorization was fined 5 francs (96.5
cents).
The inspector of the fourth district reports that the penalties
imposed for violations of the law prohibiting children under 12 years
of age from working varied between 1 franc (19.3 cents) or one day of
1 Note Sur l’lnspection du Travail en Belgique, by Prof. E. Mahaim. Li&ge, 190S.
32447°—Bull. 142—14------17
258
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
imprisonment and 10 francs (Si.93) or two days’ imprisonment.
In one corset factory, wliere three children under 12 years of age were
employed, the fine for each violation was 1 franc (19.3 cents) or one
day of imprisonment and even this was suspended for one year. In
this district about 30 such violations were reported. Five of the
employers were fined 10 francs ($1.93) each and all the rest from 1 to
7 francs (19.3 cents to $1.35). The penalties imposed upon those
found violating the law prohibiting night work for protected persons
was generally 5 francs (96.5 cents). Only rarely does one find fines
as high as 40 francs ($7.72).
WORK
OF THE
FEMALE INSPECTORS.
In 1911 there were two female inspectors, but at present there is
only one. The work of the female inspectors is not limited to a cer
tain territory, but covers practically the whole Kingdom and extends
also to commercial and mercantile establishments. Two hundred
and sixty-eight mercantile establishments employing 3,497 persons
were inspected, besides 818 industrial establishments. This shows
a great activity on the part of these inspectors, with over 500 inspec
tions to the credit of each. The industrial establishments inspected
were those manufacturing clothing, textiles, and paper boxes; also
similar establishments in which women and children were employed.
W O R K O F T H E M E D IC A L IN S P E C T O R S.
There were 4 medical inspectors, besides the chief inspector, Dr.
Glibert, in 1911. They had under their supervision 163 physicians.
A large number of physical examinations have been made of
workers employed in dangerous trades. The examinations are very
thorough and the report gives in detail the results of the examinations
made by the medical inspectors. The medical inspectors have
also made a very thorough examination of the temperature and
humidity of various establishments and their effect upon the workers.
Two hundred and twelve visits were made by inspectors in 124
rag-picking establishments and the persons working therein were
vaccinated. Ten of the 13 match factories were visited. Inspectors
report a good organization of the medical examination of workers
in white-lead factories. In seven white-lead factories in Brabant
and Flanders the physicians made 2,574 monthly examinations; 735
workers were examined and 115 workers were found to have symp
toms of plumbism.
The medical inspectors also have jurisdiction over house painters,
over introduction and maintenance of first-aid facilities in industrial
establishments, and over disinfection in certain especially dangerous
establishments.
FACTORY INSPECTION IN EUROPE---- BELGIUM.
259
METHODS OF INSPECTION.
The large number of industrial establishments which are to be
found in Belgium and the wide scope of the inspectorial functions,
coupled with the very small number of inspectors, has drawn the
attention of all those specially interested in the enforcement of labor
laws to the practical impossibility of efficiently administering the
labor laws in the country and has led M. Louis Varlez, to say that “ all
agree that the application of the labor laws in Belgium leaves much
to be desired. ”
Belgium is an intensive industrial Kingdom with a larger number
of industrial establishments to the area occupied than any other
State in Europe. With the present organization of the labor depart
ment, a large territory like that of Brussels is covered by only five
inspectors, who can not devote to actual inspection more than a few
hours a day, because so much of their time is taken up with clerical
duties and other functions included in the scope of their work.
STANDARDS USED.
The standards of sanitation used by the inspectors in their inspec
tion of the factories and industrial establishments are based upon the
general regulation of March 30, 1905, which authorizes the Govern
ment to prescribe certain measures for the sanitation of workshops
and for the security of workers in industrial and commercial estab
lishments which are classed as dangerous, unhealthy, or unsuitable.
These measures and standards may be imposed upon the workers
as well as upon the employers.
The following standards are more or less specific:
H e a l t h a n d S a f e t y of W o r k m e n .
General regulations of March 30, 1905, prescribing the measures to be taken to pro
tect the health and safety of workmen in the industrial and commercial establish
ments affected by the law of December 24, 1903.1
S ection
I. — R e g u l a t io n s
f o r e m p l o y e r s or p e r so n s in c h a r g e .
A rt . 2. Damp premises shall not be used regularly as workshops.
A rt . 3. Each workman indoors shall be allowed at least 10 cubic meters (353 cubic
feet) of space.
The workrooms shall be at least 2.5 meters (8.2 feet) high. They shall at all times
be properly ventilated. For this purpose provision shall be made to allow fresh air
to enter and foul air to be removed at the rate of at least 30 cubic meters (1,059 cubic
feet) per hour per workman. In workrooms of establishments in which the work is
especially unhealthy, the renewal of air shall be at the rate of at least 60 cubic meters
(2,119 cubic feet) per hour per workman. The ventilation shall be accomplished by
means that will not result in any inconvenience to the workmen.
1Translated in the United States Bureau of Labor Statistics from Lois et reglements concernant La
police du travail et le regime des etablissements classes. Ministere de l’lndustrie et du Travail. Office
du Travail, 1909, p. 134.
260
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
However, establishments already in operation at the time of the publication of the
present regulations, whose workrooms can not be so remodeled as to comply with
the above regulations, may be retained as they are, provided:
(1) That steps shall be taken to insure the best possible ventilation under the con
ditions existing.
(2) That the number of workmen employed there shall not be increased.
(3) That poisonous substances shall not be handled there and that no further con
ditions arise at any time that are seriously unhealthy.
Furthermore, in the year following the publication of the present regulations,
employers in these establishments shall submit to the labor inspector a statement in
writing of the kind of industry carried on, the place where it is located, and the
number of workmen employed.
This exception shall apply to classified establishments that are already in operation,
only until an adverse decision is made by the authority having jurisdiction.
A r t . 4. Whenever work is suspended and circumstances permit the air shall be
renewed by forced circulation of the air.
A rt . 5. All necessary provisions shall be made for preventing vapors, steam, gas,
or harmful dust from spreading in the workshops.
A r t . 6. Workshops shall be properly lighted.
During the day they shall receive adequate daylight. But artificial light may be
employed in case the location of adjacent structures or the exigencies of the industry
prevent the shops from receiving sufficient daylight for the character of the work
to be accomplished.1
A rt . 7. Artificial lighting must furnish a steady light of adequate intensity. Neces
sary precautions shall be taken to prevent the lighting from overheating the rooms or
vitiating the air.1
A rt . 8. During the cold season workrooms shall be properly heated.
In summer they shall be protected as much as possible from the extreme heat.
A r t . 9. Workmen shall be protected from excessive radiation of lighting systems,
fireplaces, furnaces, and all other sources of heat.
A r t . 10. Workrooms and their appurtenances shall be kept in a good state of repair
and cleanliness.
A rt . 11. Rubbish, waste from manufacturing and from raw materials, sweepings,
and in general all left-over materials that will ferment, decompose, or be harmful in
any manner whatever, shall be removed from the workshops daily, put aside, and
regularly taken away, burned, or buried in such a manner as to prevent any harmful
results.
A r t. 12. Workrooms shall be cleaned without raising any dust and as far as possible
outside of work hours.
A r t. 13. In workrooms where any considerable amount of liquids is apt to be
spilled, the floor shall be impermeable and thoroughly drained.
A rt . 14. Where the work is of an unhealthy character, workmen shall wear a suit
of working clothes which they shall remove before leaving the establishment.
A dressing room with washstands shall be provided for them.
Employers or persons in charge of an establishment shall forbid their workmen to
take any food into workrooms in which poisonous substances are handled.
A r t. 15. Water-closets as well as urinals shall be decently put up and properly
maintained. They shall be so arranged as to prevent any odors from penetrating to
the workrooms.
There shall be at least one water-closet for every 25 persons.
A rt . 16. All accessory installations which might form sources of infection, shall be
so constructed and maintained that their fumes can not lead to injurious consequences.
1 A ccording to a m inisterial decision of F eb . 22,1908, em ployers or m anagers a re lie ld responsible for
com pliance w ith th& provisions of articles 6 , 7, 42, and 44 of these regulations.
FACTORY INSPECTION IN EUROPE---- BELGIUM.
261
A r t. 17. A good quality of water or. in its absence, a wholesome drink (infusion
hygienique), shall be provided for employees.
A rt . 18. All water used in workrooms, whether in pulverizing or in sprinkling,
shall be unpolluted.
PROTECTION AGAINST ACCIDENTS.
Employment in places which are liable to contain dangerous gases.
A rt . 19. Workmen shall not be permitted to go into shafts, cisterns, reservoirs,
and other similar places until they have ascertained that no suffocating, injurious, or
inflammable gases are present.
In case such gases exist, the air must be purified and the removal of the danger
confirmed before entering.
Furthermore, workmen that are employed in such places shall have effective
supervision and shall be relieved as often as circumstances demand.
They shall wear a safety rope around the body, either at the waist or under the
arms, which shall communicate with the outside and make it possible for them to be
drawn up in case of necessity.
The supplies and crew necessary to effect a rescue must be located close to the
operations and during their entire duration.
Protection against injury from machines and their mechanical parts.
A rt . 20. When motors are located in rooms not used for work, workmen shall be
forbidden access to these places unless their work takes them there.
Motors located in workrooms not forming integral part of machine tools shall be
guarded by railings or other safety appliances.
In all cases the pits for flywheels and pulleys, as well as moving parts of motors,
shall always be surrounded by railings firmly supported and braced (gardes-corps avec
plinthes de butee) or proper protective inclosures to protect employees against accidents.
Internal explosion engines must not be started by means that will compel workmen
to work under the arms of the flywheel.
A rt . 21. Necessary precautions shall be taken in regard to power transmission as
well as to projecting and moving parts of mechanisms when these might give rise to
accidents.
Gearings, shaftings, pulleys, cables, belts, chains, and other parts in motion, also
projecting keys, screws, bolts, and any other similar pieces, shall be so placed, covered,
or inclosed as to avoid any danger they might offer to the safety of workmen.
Lines of horizontal shafting, also pulleys, chains, cables, and belts, placed but a
short distance from the ground and over or under which employees might be obliged
to pass, shall in all cases be covered for the full length of the passageway.
A rt . 22. Provision shall be made to prevent belts, thrown off their pulleys, from
resting on transmission shafts in operation, or from coming in contact either with
these shafts or with any other part whatever connected with their rotary motion.
During operation, cables, chains, and belts connecting machines, apparatus, or
transmissions may not be repaired unless their complete isolation from any moving
mechanical part whatever has been ascertained.
During operation the handling of belts is forbidden, whether to throw them on or
off their pulleys or to transfer them from a fixed pulley to a loose one or, vice versa, from
a loose pulley to a fixed one.
However, the measures prescribed by paragraphs 1 to 3 do not apply: (1) To belts
whose very slow motion and position in relation to dangerous parts of machinery pre
cludes every possibility of accident; (2) to the throwing on or off of belts running
differential pulleys when these belts are within the reach of workmen and are in a
vertical or nearly vertical position.
When power is transmitted by means of electricity, provision shall be made to
protect workmen from electric currents.
262
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
A r t . 23. Provisions shall be made to avoid the dangers that might arise from
handling cables and chains connecting apparatus and power transmissions in motion.
A r t . 24. Machine tools must be provided with proper appliances to stop them in
the least possible time, independently of the motor.
These appliances shall be kept in operation during the whole duration of the sus
pension they produce, so as to prevent the arrested machine or mechanical part from
unexpectedly resuming its motion. As far as possible such appliances shall be placed
within the reach of the hand of the workman.
A r t . 25. The cleaning or repairing of parts of machines, apparatus, and transmissions
while they are in operation is forbidden when these parts may cause accidents or
when they are close to dangerous mechanical parts in motion.
The tightening of keys, bolts, screws, or any other similar parts while the parts bear
ing them are in motion is forbidden.
The oiling of dangerous parts of transmissions, of motors, or other machines in opera
tion is forbidden unless every necessary precaution for safety has been taken.
A rt . 26. As far as possible machines with cutting tools shall be so placed as to pre
vent workmen at their places of work from involuntarily coming in contact with the
cutting parts.
A r t . 27. Passageways in workrooms shall be of adequate width and height to pre
vent workmen from being injured by machines or transmissions in motion.
A r t . 28. Employees obliged to remain or to move about near machines or trans
missions in motion must wear close-fitting clothing. In this case they shall further
have the head covered so as to prevent the hair from being caught by the mechanisms.
Dressing or changing or leaving clothing in the immediate vicinity of machines or
transmissions is forbidden.
A r t . 29. Machines, apparatus, or transmissions which on account of their position
could not cause accidents under normal conditions of work, but which might become
dangerous during the progress of the exceptional work of installation, either of ma
sonry or of any other kind of work in connection with it, shall be properly protected
during the whole duration of such work.
Protection against injuries from fragments or flying materials and in general against
injuries from all dangerous materials.
A r t . 30. As far as possible mechanical parts that are run at high speed shall be
covered so that in case of breaking their fragments shall not injure employees.
It is forbidden to give such speed of rotation to grindstones and turbines as to en
danger their resistance to breakage.
Furthermore, no workman may be employed near a flywheel or near any other
engine revolving at high speed unless his work demands it.
A rt . 31. Gratings or other appliances shall protect workmen against injuries from
fragments or flying pieces thrown off from the material worked upon.
Appropriate glasses shall be provided for workmen employed at work apt to produce
the bursting or flying off of material.
A r t . 32. Necessary precautions shall be taken to protect employees from contact
with corrosive, burning, or injurious substances.
Special precautions shall be taken to prevent the flying off of such substances and
to protect workmen from injuries in case this should occur.
Hoisting apparatus.
A r t . 33. Hoisting apparatus shall be constructed of material of good quality and of
proper strength.
They shall be erected so as to assure perfect stability-
FACTORY INSPECTION IN EUROPE---- BELGIUM.
263
They must be provided with brakes, catches, safety gears, or other safety appliances
preventing the unexpected descent of loads.
They shall have affixed a statement of their power and, if they are used for passenger
service, of the number of persons that can be carried at one time without danger.
A r t . 34. Necessary provisions shall be made to prevent the fall of loads or parts of
loads handled by such apparatus.
A r t . 35. If the openings intended for the passage or the handling of loads are
dangerous for employees, they shall be guarded by railings or other effective means
of protection against the fall of workmen and as far as possible these appliances shall
be operated automatically.
Inspection o f material.
A r t . 36. Employers or persons in charge of establishments shall frequently inspect,
or have inspected, hoists, elevators, cranes, chains, ropes, cables, and other similar
apparatus, so as to ascertain the solidity and state of preservation of the material
employed.
Every piece condemned or of doubtful solidity, shall be discarded and removed so as
not to be available for renewed use.
Shafts, cisterns, basins, reservoirs.
A rt . 37. A ll shafts, cisterns, basins, or reservoirs that are dangerous for workmen,
shall be properly covered or surrounded by firmly erected railings.
Stairs, ladders, foot bridges, galleries.
A rt . 38. Stairways shall be entirely secure in regard to solidity, stability, and safety.
They shall be provided with strong steps of adequate height.
Necessary provision shall be made to prevent workmen from falling from the stair
cases.
Movable stairs and ladders shall possess all the necessary solidity and rigidity.
They shall be supported so as not to upset or slip. Their length shall be adequate
and provisions shall be made to enable employees to pass in perfect safety from these
stairs or ladders to the floors to which they lead or vice versa from these floors to
the stairs or ladders.
It is forbidden to use ladders with missing, broken, cracked, or loose rounds.
Foot bridges, galleries, or other similar means of communication shall be solidly
built. They shall have adequate width, shall be provided with railings of proper
height and shall have every provision for safety. Measures shall be taken to prevent
them from swaying under the effect of travel upon them.
Handling and transporting heavy, bulky, or dangerous objects indoors.
A rt . 39. Haw materials, merchandise, manufactured products, or any objects
whatever which, during their handling or transportation could cause accidents on
account of their weight, their great bulk, their fragility, or in general on account of
their nature, shall be handled and transported as far as possible with the aid of appro
priate apparatus for avoiding danger.
A r t . 40. Special measures shall be taken to prevent accidents that could be caused
by the transportation of corrosive, burning, or injurious material.
Precautions against fires.
A rt . 41. Necessary precautions shall be taken to prevent fires.
The appliances shall be arranged so as to assure the rescue of employees in case of
disaster.
Exits intended for workmen’s egress from workrooms must never be obstructed
by merchandise, material in storage, nor by objects of any sort*
264
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Lighting.
A rt . 42. There must be sufficient light to make it possible to distinguish machines
and transmissions as well as all other apparatus of a dangerous character.
All places where employees are performing any work whatever, as well as places
which they are obliged to traverse, must be sufficiently lighted so that dangerous
places can be easily seen.1
A r t . 43. The lighting installations and apparatus shall be so constructed and
maintained as to be entirely safe.
When workrooms are lighted with petroleum or any other mineral oil or extraction,
provision shall be made to prevent the fall and explosion of lamps. The use of petrol
eum or any other mineral oil or extraction in portable lamps called “ cressets” and
in all other dangerous apparatus is forbidden.
A r t . 44. It is forbidden to use fire or lamps other than safety lamps, under any
pretext, in places where inflammable or explosive gases, vapors, or dust might exist
in spite of the precautions taken.1
Precautions required during the periods o f rest o f workmen.
A r t . 45. Workmen are forbidden to rest on roofs, scaffoldings, masonry of boilers,
under arches whose supports have been recently removed, and also in the immediate
vicinity of shafts, excavations, furnaces, machines or transmissions, passageways
for transportation, and in general in dangerous or unhealthy places.
Alcoholic beverages forbidden.
A r t . 46. The bringing of distilled alcoholic beverages into workshops or workyards
and their outhouses is forbidden.
S ection I I .— r e g u l a t io n s for w o r k m e n .
A rt . 47. Workmen employed in workrooms or at work especially unhealthy must
wear a suit of working clothes which they shall remove before leaving the establish
ment. They are forbidden to take food into workrooms where poisonous substances
are handled.
A rt . 48. Workmen are forbidden to enter shafts, cisterns, reservoirs or any other
similar places where suffocating, injurious or inflammable gases might exist until after
they have ascertained that such gases are not present.
In case such gases exist, the air must be purified and the removal of the danger con
firmed before entering.
Furthermore they are forbidden to enter such places without wearing a safety rope
around their body, either at the waist or under the arms, which shall communicate
with the outside and make it possible for them to be drawn up in case of necessity.
A r t . 4.9. Workmen are not permitted to enter engine houses unless their work makes
it necessary.
They are forbidden to work under the arm of the flywheel in starting gas and oil
engines.
A rt . 50. Workmen are not permitted to repair cables, chains and belts connecting
machines, apparatus or transmissions in operation, until they have ascertained that
they are not connected with any moving mechanical parts.
Workmen are forbidden to handle belts while in motion, whether to throw them on
or off their pulleys or to transfer them from a fixed pulley to a loose one or vice versa
from a loose pulley to a fixed one.
However, the prohibition of paragraph 2 does not apply: (1) To belts whose very slow
motion and position with regard to the dangerous parts of machinery precludes every
1 See footnote on page 260.
FACTORY INSPECTION IN EUROPE---- BELGIUM.
265
possibility of accident; (2) to the throwing on or off of belts running differential pul
leys when these belts are within the reach of workmen and are in a vertical or
nearly vertical position.
A r t . 51. Workmen are required to notify employers or their representatives of all
defects that they may discover in the tools or the material provided for them.
A r t . 52. Workmen are also forbidden:
A. To remove or alter, without good reason, protective devices against accidents
and to remove supports or props upon their own responsibility.
B. To clean or repair parts of machines, apparatus, and transmissions while they
are in operation and when these parts may cause accidents or when they are close to
dangerous mechanical parts in motion.
C. To tighten keys, screws, bolts, or any other similar pieces before the parts bearing
them are absolutely motionless.
1 D . To oil dangerous parts of transmissions, motors, or other machines in operation,
unless every necessary precaution for safety has been taken.
E. To wear loose-fitting garments while working near machines or transmissions in
motion. In such cases workmen are forbidden to work without having first covered
the head so that the hair can not be caught by the mechanisms.
F. To dress, to change or leave clothing in the immediate vicinity of machines,
apparatus, or transmissions.
G. To remain near a flywheel or other mechanism revolving at high speed unless
the work demands it.
H. To undertake work that is liable to give rise to explosions or flying materials,
without having their eyes protected by glasses furnished them.
I. To move about or remain unnecessarily under moving or suspended loads.
J. To use ladders with missing, broken, cracked, or loose rounds.
3L To transport corrosive, burning, or injurious substances without following the
special directions prescribed by the person in charge of the establishment, in compli
ance with article 40 of the present regulations.
L. To use under any pretext, fire, or lamps other than safety lamps in rooms and
places where inflammable or explosive gases, fumes, or dust might be present in spite
of the precautions taken.
M. To rest on roofs, scaffolding, masonry of boilers, under arches whose supports have
been recently removed, and also in the immediate vicinity of shafts, excavations,
furnaces, machines, or transmissions, passageways for transportation, and in general in
dangerous or unhealthy places.
N. To bring into workshops or workyards and their appurtenances, distilled alco
holic beverages.
Other royal and ministerial decrees give general standards of safety
and sanitation for especially dangerous industries. These standards,
however, are not definite and consist simply of general rules and
regulations to prevent accidents and to insure the safety and health
of the employees.
FORMS USED.
The inspectors use for their reports a number of approved printed
forms, the filling out of which takes up several hours a day and greatly
diminishes the time which they are able to spend in field work.
266
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
One of the inspection forms contains the following item s:
Arrondissement---------.
M in is t e r
Commune--------- .
of
I ndustry and
L a b o r , O f f ic e
of
Labor.
INSPECTION OF W O RK .
"Visit
date
N o .----- •
Address.......................................................
Name of director........................................
Nature of the sections of the establish
ment.
A ..................................................................
B ..................................................................
C..................................................................
STATISTICS OF THE W O RKING PERSONNEL.
Total number?.......................................................................................................................
Total number of workers in each industry?.......................................................................
Children from 12 to 14 years—Boys?___ Girls?___
Young persons from 14 to 16 years—Boys?----- Girls?----Females from 16 to 21 years?...............................................................................................
Females over 21 years?........................................................................................................
Day and night shift?............................................................................................................
Exclusive of night shift?.....................................................................................................
EXECUTION OF THE LAW^S AN D RULES.
Laws and royal decrees:
a. Work of women, young persons, and children.
Law of December, 1889.
Royal decrees of December 26-31, 1892; September 22, 1896; November 4,
1894, and July 28, 1906.
Royal decrees of February 19 and August 5, 1895, concerning particularly
industries injurious to health.
b. Sunday rest.
Law of July 17, 1905.
c. Rules of work.
Law of June 15, 1896.
Royal decree of September 4, 1896.
d. Payment of salaries and measurement of work.
Law of August 16, 1887 (completed by the laws of June 15 and 16, 1896).
Law of July 30, 1901.
e. Health and safety of the workers.
Royal decrees of March 30 and 31, 1905; November 20, 1906, and Sep
tember 21, 1894.
/ . Control and authorization of dangerous, unhealthy, or obnoxious establish
ments.
Royal decree of January 29, 1863, and decree of authorization.
Special observations:
(Signature)
—
.
There are also a number of forms for reports of violations of each
of the laws, so that each violation of child labor, female labo^ and
FACTORY INSPECTION IN EUROPE---- BELGIUM.
267
other laws must be reported on special forms. The form is the same
as is used for accident reports.
The following form is used as a medical certificate in cases of
accidents:
M edical C e r tific a te .
The undersigned (1)..............................................................
being examined (2)..............................................................
after the accident occurred to him..........................................
declares:
,i) That a, a»biii«y{“
(2) That the accident produced the following injuries (4)
(3) That the injured person is taken care of (5).................
Acted u p o n ......... , t h e ----- , 19...
(Signature)-------------
All applications for authorization of establishments which are
dangerous, unhealthy, or obnoxious are made on a special form, as
follows:
L a b o r I n sp e c t io n .
Instruction fo r application fo r authorization in dangerous, unhealthy,
or obnoxious trades.
M in is t e r of I n d u s t r y a n d L a b o r , O ffice of L a b o r .
Report o f ......... No........... following the correspondence of the
governor o f ......... o f ........... No..........
Nature of the establishment...........................................
District in which establishment is situated.....................
Name (first name) and address of complaining authority
In case of violation of any law, the inspector fills out a special form
for that violation, informs the owner of his finding, and demands its
remedy.
The methods which are used by the inspectors in their work differ
according to the qualifications of the inspectors and their functions.
The delegated inspectors of the working class are usually sent to
look for violations of the law prohibiting Sunday and night work, and
to make such other inspections as do not require any technical training.
Some of the workmen delegated inspectors are not obliged to make more
than 18 inspections per month, and the writer was informed that
some of them are employed at other official or nonofficial work.
The assistant inspectors who are not technically trained men
inspect as a rule establishments where a large number of women and
children are employed, where they endeavor to discover violations
268
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
of child labor acts and other infractions of the law relating to the
work of protected persons.
The inspectors who are technically trained usually inspect estab
lishments regarded as dangerous, unhealthy, or obnoxious. Their
time is also much occupied with applications for the authorization of
new establishments, since each application requires much work and
several inspections of plans and specifications as well as of the estab
lishment itself. The inspectors who were interviewed did not seem
to have a special knowledge of dangerous trades or of chemistry, and
in the several chemical establishments which the writer inspected with
them they were dependent upon the information given to them by
the technical superintendents and managers of the plants.
The usual routine procedure is for the inspector to first announce
his authority by presenting his card in the office and showing his card
of identification, if the employer requires proof of his authority. The
inspector then reviews the registers and notices which are affixed to
the walls. He may be accompanied by a representative of the em
ployer or he may make his inspection alone. The inspector then
compares the number of children and young persons with the corre
sponding entries in the registers, asks such question as may be neces
sary to fill in the statistical part of the report, and finally proceeds
to make an inspection of the plant itself. Although the inspectors
have the right to interrogate the employers as well as the employees,
it was stated that they rarely make use of this right.
The main inspections of the dangerous trades such as chemical
factories are made by the medical inspectors who are instructed to
pay special attention to the occupational diseases. The functions
of the medical inspectors, however, are so broad and diversified
that it is impossible for the four or five inspectors in the Kingdom
to cover all the dangerous trades within their jurisdiction, because
much of their time is occupied by special investigations which are
carried on under the supervision of the chief medical inspector and
form valuable contributions to industrial hygiene.
The medical inspectors not only have general supervision over
all dangerous establishments but also have charge of the medical
first-aid installations in factories, of the approved physicians, of
vaccination in special establishments, and many other such matters,
which does not leave much time for them to spend in. real inspection
work. All inspectors, medical or otherwise, are supposed to make
bimonthly reports to the central office, giving in detail their inspec
torial and other activities. Abstracts of these reports are published
monthly by the bureau of labor.
The writer endeavored to get the opinion of several members of
Parliament as to their view of the work of the inspectors. There
seemed to be a tendency among the representatives of the Labor
FACTORY INSPECTION IN EUROPE---- BELGIUM.
269
Party to deny the efficiency of the labor inspectors, and especially
to minimize the value of their work, in view of the small number
of inspectors and the defective organization of the department.
Parliamentary representatives of the Labor Party are constantly
making interrogations, criticising the work of the labor department,
and introducing projects for the reorganization of the department.
The dominant party, while admitting the insufficient number of
inspectors, does not, however, seem to regard the protests of the
Labor Party as serious and there did not exist at the time this study
of factory inspection was made, any project either for the increase
of the inspectors or for the reorganization of the department.
SWITZERLAND.
BEGINNINGS AND EXTENT OF PRESENT FACTORY LEGISLATION.
Swiss Federal labor legislation begins with the factory law enacted
March 23, 1877. While this is the beginning of Federal legislation
for the protection of workers, there were many earlier attempts to
enact labor legislative measures in the cantons. Thus, we find in
1815 in Zurich “ an order in regard to the work of minors in factories
generally, and on the spinning machines especially at which children
are forbidden to work before their tenth year, nor more than 12 to
14 hours daily, nor at night.” In the same year there was also
enacted an order in Canton Thurgau in regard to the school attend
ance and supervision of children working in factories.1
Other cantons slowly followed the example of Zurich and Thurgau.
In 1842 a factory police law was proposed in Aargau, but no law
was enacted. In 1848 there was enacted “ a law in regard to work in
spinning factories in Canton Glarus, and in 1853 a law as to factory
children in St. Gall.” In 1859 Zurich again enacted a very com
prehensive factory law, which since that time has served as an example
in labor legislation to other cantons. This law is specially important
in view of the fact that under it an inspectorial commission was for
the first time appointed for the administration of the factory law.
Between that date and 1878, the date of the enactment of the Federal
factory law, a number of States enacted laws for the protection of
workers; but all these laws applied only to the area of their cantons,
and differed much in their extent, in their execution, and in their
spirit.
There was great divergence in the provisions, especially those
relating to the work of children. In Aargau 13 years was the age
limit, while in Schaffhausen it was 12. In Bern even 7-year-old chil
dren could work in the phosphorus factories, while in Nidwalden no
child could work before the age of 18. The protected persons in
Schaffhausen were the children between 12 and 14 years, and young
persons between 14 and 16 years; in St. Gall children under 15; in
Zurich children between 12 and 16 years; and in Aargau and Basel
Land children of 13 to 16 years; while in Glarus, Basel City, and
Ticino all workers were included in certain provisions of the law.2
One of the first cantons to enact a comprehensive factory law and
administer the same through factory inspectors was Canton Glarus.
1 Die A rbeiterschutz-G esetzgebung, Dr. J. L an d m an n , p. 19.
2 B ucher an d B auer in Article A rbeiterschutzgesetzgebung (Schw eiz), in Conrad’s H a n d w o rte rb u c h d er
Staatsgew issenschaften.
270
FACTORY INSPECTION IN EUROPE---- SWITZERLAND.
271
In this State a factory law was enacted in 1864. This law provided
for a normal workday of 12 hours for all workers, prohibited night
work, excluded women for six weeks after confinement, and organized
an inspection service.
At first it was intended to create an inspectorial commission
consisting of the canton official, a chemist, and a mechanic. This
attempt at a commissional inspection administration lasted until
1867; but it was difficult to find the proper persons for the filling of the
positions. It was then that Dr. Fridolin Schuler, a young liberal
physician, who had before that interested himself in the enactment
of the factory law, was appointed as the chief of this inspectorial
commission. Henceforth, the history of factory inspection not only
in Giarus but in all Switzerland is deeply interwoven with the life
history of Dr. Schuler, who served as factory inspector from 1867 to
1901, when he retired at the age of 70 years.
Regarding the difficulties of the administration of the factory law
at its inception, Dr. Schuler says: “ We were between two fires. Some
of the employers regarded us as a nuisance and self-appointed watch
men over the factory owners. The workers regarded me as a slave
of the factory owners, as a renegade, and as one who had sold the
interests of the working class to the employers.” 1
This condition did not last very long, however, according to Dr.
Schuler, and soon the employers, as well as the workers, changed their
opinions and came to the conclusion that the activity of the factory
inspectors was not against their interests.
Owing to the divergence of the cantonal factory legislation, there
was in the sixties and seventies much agitation for a federal labor
law which would limit the hours of labor of adults as well as of chil
dren, and would protect the workers’ life and health. There were a
number of projects which, however, failed of enactment. At last a
project for a new factory law by Federal Councilor Scherer was pub
lished and a commission was appointed to take testimony and inves
tigate the matter. The commission consisted of three cotton-mill
owners; the president of the factory inspection of Giarus; one worker—
a mechanic from Zurich; five officials acquainted with industrial con
ditions; several cantonal officials; one physician, Dr. Vogt, professor of
hygiene in Bern; and Dr. Schuler, factory inspector of Canton Giarus.
The debates on every section of the proposed law were lively and
at times very bitter. In 1875 the project for a factory act, as passed
by the commission experts, was published with a few amendments.
It was then given over to the Federal Council, and after much dis
cussion was passed on March 23, 1877, and became a law on Jan
uary 1, 1878.
1 E rinnerungen eines Siebenzigjahrigen—Schuler.
272
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
The law of 1877 made provisions not only for the protection of
workers in factories, but also for the enforcement of the provisions
of the law by the cantonal governments, and for the administration
of the law and supervision over its enforcement by federal factory
inspectors.
The task of choosing the proper persons for the first inspectors was
quite a difficult one, and was given over to Dr. Heer, who was
previously at the head of the government of Canton Glarus. Accord
ing to Schuler’s “ Erinnerungen,” there were more than 100 candi
dates for the positions, among whom there w^ere military men, pro
fessors, clergymen, directors of factories, physicians, etc. Owing to
his reputation as a physician, as a factory inspector of 10 year's
experience, as the man who accomplished good work in Canton
Glarus, and was at the same time a member of the commission of
experts on the proposed law, Dr. Schuler was urged and at last agreed
to accept the position of inspector. The other two inspectors
appointed were Mr. Klein, a former State councilor of Basel and Mr.
Nuesperli, the head of a small mechanical workshop, a graduate
mechanic and a former worker in London and Paris, where he belonged
to the “ International” (International Workingmen’s Association).
Owing to his experience and superior knowledge, Dr. Schuler was
practically at the head of this inspectorial force, although he was
assigned to the first district, and the provisions of the law put all
three inspectors on an equal basis.
The first work of the three inspectors was to make an inspectorial
trip together through the whole of Switzerland, a trip which lasted
nine months and was of great benefit to the inspectors in their official
work. It was also instrumental in securing a uniform enforcement
of the law throughout the country. Among the incidents of this first
inspectorial trip were the following:
One factory owner met the inspectors with the assurance that he
was doing special welfare work for his child workers and had even
appointed a teacher for them. He proudly took the inspectors to his
school, which was found to be a dark cellar, selected as the owner
stated because of its coolness. Here the children were given instruc
tion during the midday pause. At another factory the inspectors
were struck with the alternate singing and silence of the whole work
ing force. The singing was said by the owner to show how happy
the workers felt at their work. Just as he was going out from the
factory Dr. Schuler noticed a si^n, on one side of which there was
written the word “ Canto” (sing) and on the other the word “ Silencio J> (silence). He then understood the reason for the alternate
singing and silence of the employees. In some places the inspectors
met with great opposition, and had to threaten or bring police offi
FACTORY INSPECTION IN EUROPE---- SWITZERLAND.
273
cers. In one they were met with empty factories, as the workers
were given a holiday when the presence of the inspectors became
known.
The first factory inspectors regarded their positions as very impor
tant, and Dr. Schuler was indefatigable in his work of inspection and
in his investigations in regard to the effects of industrial processes
upon the health of the workers. Being a physician, he was interested
in the subject of industrial hygiene, made several special investiga
tions of dangerous trades and processes, published a large number of
monographs on industrial hygiene, was instrumental in the project
for the revision of the factory acts, and was the leading spirit among
the other inspectors, who followed his example and his methods.
SCOPE OF THE FEDERAL FACTORY LAW.
The Federal factory laws at present (September, 1913) in force
are based upon the following:
1. The factory law of March 23, 1877.
2. The employers* liability laws of 1881, 1887, and 1905.
3. The phosphorus match law of November 2, 1898.
4. The law on payment of wages, etc., June 26, 1902.
5. The Saturday work law of April 1, 1905.
The factory law of 1877 consists of 21 articles, some of which have
been subject to interpretation, amplification, and amendment by the
Federal Council.
DEFINITION OF FACTORY AND GENERAL PROVISIONS.
The factory law does not include workshops, domestic or home
work, mines, and railroads. Factories are defined as follows:
1. All establishments, no matter how many workers therein, in
which there are to be found unusual dangers to the lives and
health of the employees.
2. Establishments in which there are more than five workmen, in
which mechanical motor power is used and which employ
persons under 18 years of age.
3. Establishments employing more than 10 persons.
Among the establishments which are defined as factories and in
cluded under the first definition are the following: Flour mills with
more than two millers not members of the employer’s family; ce
ment w o t k s ; straw-weaving establishments; dye works; establish
ments engaged in the manufacture of floors, doors, sashes, machines,
rubber bands, and shingles; tobacco and cigar factories; iron foun
dries; potteries; chemical bleaching factories; tanneries; beer brew
eries; machine embroideries using more than three looms; gas works;
watch factories; book: printing; sawmills; shirt factories; book bind
eries; bread bakeries; cheese factories; electric-power plants employing
32447°—Bull. 142—14------18
274
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
more than two persons; watch-assembling shops; tailoring and dress
making shops; match factories, no matter how many persons are
employed therein, etc.
The establishment of new factories and the remodeling of existing
factories must have the previous permission of the cantonal govern
ment, which submits the plans to the Federal factory inspectors for
their opinion.
The regular daily hours of labor for all workers in factories may
not exceed 11, and on Saturdays and days preceding holidays 10, and
must fall within the hours between 6 a. m. (5 a. m. in June, July, and
August) and 8 p. m. The Federal Council is authorized to still fur
ther reduce the hours of labor in dangerous or unhealthy industries.
Exceptional overtime work for periods not in excess of two weeks
requires permission by the local or district authorities, and for longer
periods of the cantonal government.
Night and Sunday work is as a rule prohibited. Permits for tem
porary night work of males over 18 years of age may be granted by
the local or district authorities for periods not in excess of two weeks,
and for longer periods by the cantonal government. The Federal
Council is authorized to permit regular night and Sunday work for
industries with continuous operation.
PROTECTION OP W OM EN AND CHILDREN.
According to article 15, women must not work on Sunday under
any circumstances or at night. Women workers who have to attend
to their houses must be given at least 1J hours midday pause. Women
are not allowed to work for a period of eight weeks in case of child
birth, and may not be admitted to work until six weeks after their
confinement. In certain works no pregnant women are allowed to
be employed. According to a special act of 1897, these works have
been designated as follows: Phosphorus-match factories, lead works,
potteries, enamel, type foundries and typesetting places, factories
where mercury is worked with or where sulphurous acid fumes are
generated, also laundries using benzine, or hard-rubber factories, or
where carbonic disulphide or chloride of sulphur fumes are generated.
They are also prohibited from lifting heavy weights.
Children under 14 years are not allowed to work in factories, and
young persons under 18 years are not allowed to work m factories
unless they bring a certificate that they have passed their four
teenth year. Children between 14 and 16 years must not spend
more than 11 hours a day in factory work, including religious and
school instruction. Children under 18 years are not allowed to work
at night and on Sunday. Exceptions to this article may be given
by the Federal Council, which also has power to designate special
industrial processes and factories in which children must not work
at all.
FACTORY INSPECTION IN EUROPE---- SWITZERLAND.
275
According to a decree of December 13, 1897, children under 16 may
not work in the following trades: A t and about steam boilers; all
kinds of motors, hammers, electrical machinery; operating and using
cranes and elevators; shifting pulleys and belts; work at circular
saws and planing machines; calendering; shearing and kneading;
centrifugal cutting and crushing machines; explosive materials;
boiling of inflammable substances; in cement, lime, gypsum, glass,
wood, peat, hemp, flax, rag, silk, and similar works where there is
considerable dust in the air; carroting and bowing in hat factories;
all work in chemical factories at which poisonous substances are
used or gases and fumes are generated; lead glazing or lead enamel
ing; zinc coating or tin coating processes, etc.
GENERAL INDUSTRIAL CONDITIONS.
Provision for the protection of the health and lives of the workers
is found in articles 2 and 5 inclusive, which give the general rules for
safety and sanitation; and also in the several employers’ liability
acts which directly and indirectly provide for the protection of the
workers in factories and the prevention of industrial accidents and
occupational diseases.
Article 2 provides that every factory, the workrooms, machines,
and appliances shall be constructed and maintained so as to safe
guard the health and lives of the workers as much as possible; that
the workroom shall be well illuminated during work hours; that the
air shall be free from dust, and the change of air be according to
the number of persons, the means of illumination, and the generation
of injurious gases; that all parts of machines and transmission shall
be properly safeguarded against injury to workers; and that all
safeguards known to the science of mechanics shall be used for the
protection of health and safety against accidents.
Article 3 provides than anyone who wises to establish a factory or
to maintain such, or who wishes to make alterations in an existing
factory must inform the cantonal government of his intention, and
must also present plans and specifications as to the nature of opera
tion; that a factory or establishment may be opened for work only
after receiving permission from the cantonal government, which,
in case of industries in which there are dangers to health and lives of
the workers, as well as of the neighborhood in which the factory is
situated, shall be conditional on compliance with specified provisions.
Should objectionable conditions which are dangerous to the life and
health of the workers or to the neighborhood arise in an establish
ment the authorities may fix a peremptory term for the abolition
of the nuisance; or in case of necessity suspend the permit for opera
tion until the objectionable conditions have been remedied. Appeals
against the decision of the cantonal government are decided by the
Federal Council.
276
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Accidents must be immediately reported to the local authorities,
which investigate and report to the cantonal government which
reports them to the Federal inspectors.
The Federal Council is given power to designate occupational
diseases for which employers shall be held liable.
In an order of the Federal Council of January IS, 1901, is given a
list of 34 poisons and poisonous gases which if used in the operation
of an establishment subject the owner to the liability act if they
cause sickness of the workers.
The phosphorus match industry is regulated by special act. By
the employers7 liability law of 1877, which was amplified by later
laws of 1881, 1887, and 1905, the owners are made responsible for
accidents resulting in disability or death of the workers in factories
in a large number of trades.
ADMINISTRATION.
The enforcement of the provisions of the Federal factory law is in
the hands of the cantonal governments, which have the sole executive
power to administer this act. According to article 19, violations of
the provisions of the law lead to penalties of from 5 to 500 francs
($0.97 to $96.50), which are imposed by judicial authorities, with
imprisonment up to three months, in cases where violations have been
repeated. In some of the Cantons fines are made by administrative
authorities without recourse to judicial proceedings. Workers are not
subject to penalties for violations of the factory act.
The imposing of penalties depends upon the different judicial pro
ceedings in the Cantons. In some of the Cantons lengthy judicial
proceedings are begun for even small and unimportant violations,
and in others fines are imposed by the administrative* authorities.
Judicial procedure as well as administrative penalizing differs with
each Canton.
The law relating to the manufacture and sale of matches provides
fines of from 100 to 1,000 francs ($96.50 to $965) for some violations
and from 50 to 500 francs ($9.65 to $96.50) for others. Temporary
or permanent withdrawal of the right to continue production may
also be imposed for violations of the law.
ADMINISTRATIVE PROVISIONS.
According to the administrative provisions of the Federal factory
law, the jurisdiction of the factory inspectors does not embrace the
following:
1. Enforcement of the steam-boiler law of 1897. Steam boilers
are inspected by the Association of Swiss Steam Boiler Owners.
This association employs 15 inspectors who are responsible for
this work.
FACTORY INSPECTION IN EUROPE---- SWITZERLAND.
277
2. Electrical works with more than two workers, although under
the factory law and employers’ liability law are inspected by
special electrical inspectors under the jurisdiction of the Swiss
electro-technical association.
3. Mines, of which there are about 50 with about 1,000 workers
who are not under the factory law, although they are under
the employers’ liability act. Their supervision is under the
jurisdiction of a special mining inspector.
4. Establishments which are not factories under the definition of
the law; and all domestic and home work.
PROJECT FOR A REVISION OF THE FACTORY LAW.
Since 1904 there has been before the Federal Government a project
for a thorough revision of the Federal factory law, said project having
gone through various processes, commissions, and expert institutions;
but has so far not been enacted. It is expected that it may become
law within a year or two. The motive for the new revision of the
factory law is well stated in the following motion before the Federal
Council in 1904: “ The Federal Council is invited to investigate
and. report upon the subject of the revision of the factory law in
relation to work in factories with the purpose of shortening the
hours of labor; better protection of workers; and, generally, a more
intensive enforcement of the leading principles of the law and its
administration.771
ORGANIZATION.
According to article 18 of the factory law “ the Federal Council
has control over the enforcement of this law.” The council appoints
for this purpose permanent inspectors and determines their duties
and powers. The Federal Council may, whenever necessary, appoint
special inspectors for special industrial branches or factories. Ac
cording to this article of the law, the Federal Department of Industry
has supreme charge of the factory-inspection department. The
department chief (at present Dr. Kaufmann), is therefore the chief
of the factory-inspection department, although his relations with the
inspectors are not very close as far as administration is concerned.
He receives quarterly reports from each inspector and an official
report once in two years. In the quarterly report, each inspector
sends to the department chief a list of the visits made, exemptions
granted, and inspections made as well as expenses incurred. Any
complaints which are sent to the Department of Industry at the
Federal office are turned over to the inspectors in their respective
districts.
Yearly conferences are held with all the inspectors under the presi
dency of the chief of the Department of Industry. During these
conferences matters connected with the inspection as well as gen
1 B otschaft des B undesrates an die B undesversam m lung, betreffend die R evision des Fabrikgesetzes—
V om 6 Mai, 1910.
278
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
eral subjects are discussed. Tlie report of the last conference held
states that there were 18 subjects considered by this conference.
Among the subjects considered were the following: Lack of uni-^
fortuity in the accident statistics of the different cantons and the
different inspection districts; a project for a new statistical table;
the advisability of fining workers for violations of the accident law;
dangers of work with ferrosilicon, etc*
The inspectorial force consists of three permanent inspectors,
whose term of service is similar to the term of service of all the
Federal officials— three years; but the appointment is renewed every
three years. Each of the three inspectors is practically independent
of the central Government in his work in the district. The whole
country is divided into three districts, as follows:
The first district embraces the cantons of Zurich, Uri, Schwyz,
Obwalden, Nidwalden, Glarus, Zug, St0 Gall, and Grisons.
The office of the inspector is in Mollis, in the canton of Glarus.
The second district embraces the cantons of Bern, Fribourg, Ticino,
Vaud, Valais, Neuchatel, and Geneva. The office of the in
spector is in Lausanne.
The third district embraces the cantons of Bern (old), Lucerne,
Solothurn, Basel City, Basel Land, Schaffhausen, Appenzell,
Aargau, and Thurgau. The office of the inspector is in Schaffhausen.
The following are the official instructions to the factory inspectors
to guide them in their work of inspection:4
1. The Federal factory inspectors are under the jurisdiction of the
Federal Department of Xndustry= The duties of the factory
inspectors are to control the cantonal enforcement of the law
of March 23, 1877.
2. The factory inspector for this purpose must keep a register of all
the factories in his district which come under the law and
inspect each one at least once in two years and oftener when
necessary; he must also make special inspections when re
quested by the department without delay.
3. In cases where his own expert knowledge is not sufficient, the
inspector may call in his colleagues; or with the permission
of the department, special experts.
4. The inspector shall also visit such industrial establishments in
his district which, although they are not on the list of fac
tories subject to the law, may present reasons for a probable
subsequent inclusion therein.
5. Inspectors shall keep a record of their inspections, stating the
date of the visit, the name of the firm, and the kind of estab
lishment, as well as the locality and canton. Copy of such
visiting list must be sent every three months to the depart
ment.
6. Inspectors are not obliged to give previous information to the
employers of their intended visits.
iT ra n sla te d i n th e U n ited States B u re au of L ab o r S tatistics from L a n d m a n n , D r. Juliu s, Die
arbeiterschutzgesetzgebung der Schweiz, Basel, 1904, pp. 74 ff.
FACTORY INSPECTION IN EUROPE---- SWITZERLAND.
279
7. Inspectors are authorized to question any person employed in
the establishment, including the head of the establishment
or his representative, if necessary without the presence of
witnesses, but in doing so shall always try to avoid any inter
ruption of operation. Except in the case of official reports,
inspectors shall not divulge information as to business condi
tions or conditions of operation which have come to their
knowledge; they shall especially maintain strict secrecy as to
technical equipment, processes, and characteristic features
which have been designated to them by the manufacturer as
secret.
8. Inspectors shall submit to the department reports and proposals
as to desirable administrative and legislative measures; in
clusion of establishments in the list of establishments subject
to the factory law or removal of them from this list, and veri
fication of the list They shall also render their opinions to
the department on all questions assigned to them for this
purpose, and generally comply with all special orders of the
department.
9. In exercising a well-meaning control the inspectors shall not
only insure to the workers the benefits of the law, but also
tactfully aid the employers in complying with its require
ments, mediate between both parties in a fair manner, aided
by their knowledge and experience, and gain the confidence
of employers as well as of employees. Inspectors have no
executive power. Should they encounter violations of the law
or objectionable conditions they must immediately request
from the employer their discontinuance, and in case of refusal
notify those authorities of the cantonal government which are
charged with the enforcement of the law. If in the opinion of
an inspector these authorities fail to properly enforce the law,
he shall report the matter to the federal department.
10. Inspectors must preserve all official correspondence. All
papers relating to accident reports, permits of overtime work,
etc., received by the inspectors shall be used by them to present
statistics in their annual reports. Inspectors must keep in
their offices an inventory of all property belonging to the Fed
eral Government and send a copy of it to the department at
the end of each year,
11. Inspectors must inform the department of each inspectorial
journey of longer than six days* duration before beginning
such journey, and give their address for mail.
12. The provisions of the decree of the federal council of February
21, 1879, are applicable to vacations for in sp e cto r
13. Inspectors may in no manner participate in an industrial
undertaking, nor may they appear before the courts as tech
nical experts.
14. Inspectors must quarterly render an accounting to the depart
ment on the form prescribed for this purpose.
150 On February 1, at the latest, inspectors must make an official
report to the department, according to an outline prescribed
by the latter. The department shall determine whether this
report is to be submitted annually or biannually.
280
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Each of the three district inspectors has two assistants, who are
designated as assistants of the first class and assistants of the second
class, each inspector haying one assistant of the first class and one
of the second class.
No women have as yet been appointed as inspectors. The inspect
ors, as well as the assistants, are appointed by the Federal Council.
They receive a card of identification to which their photograph is
attached. The promotion of inspectors is regular, and usually at
the retirement of the inspector the assistant of the first class takes
his place and the assistant of the second class takes the place of the
assistant of the first class.
There are altogether nine inspection officials in the Federal Swiss
factory inspection department.
Since Dr. Schuler’s retirement and death there is no physician in
the office of inspector, nor is any of the inspectors regarded as chief,
their positions being equal. At present all special inspection relating
to industrial hygiene, to dangerous diseases, etc., are made at the
request of the inspectors by Dr. E. Roth, professor of the Technical
College in Zurich, head of the Industrial Museum. Prof. Roth makes
air tests, special inspections of dangerous trades, and during the last
year made over 2,000 light and illumination tests.
SALARIES.
The following are the salaries of the inspectors and their adjuncts:
Inspectors............................. 6,200 to 8,200 francs ($1,196.60 to $1,582.60)
Adjunct, first class...............5,200 to 6,200 francs ($1,003.60 to $1,196.60)
Adjunct, second class.......... 3,700 to 4,700 francs ($714.10 to $907.10)
Office clerks.......................... 2,000 to 3,500 francs ($386 to $675.50)
Besides a salary, inspectors are allowed free transportation on the
railroads and boats of the country. Such transportation is paid for
by the department. In the case of Dr. Wegman, the department has
paid, for 1913, 530 francs ($102.29) for a yearly ticket, which ticket
entitles him to travel over all the railroad and steamship lines in the
State. Besides salary and railroad fare, the inspectors are entitled to
special sums while traveling in official capacity. Inspectors receive
10 francs ($1.93) per day and 7 francs ($1.35) per night; first assist
ants receive the same sums, but the second assistants receive 9 francs
($1.74) per day and 6 francs ($1.16) per night. Inspectors and assist
ants are insured against invalidity, and death by accident at the
expense of the State.
SELECTION OF INSPECTORS.
Inspectors are appointed by the Federal Council without any civilservice examinations. Reference was made to the appointment of
the first inspectors. Since that time all the other appointments were
FACTORY INSPECTION IN EUROPE---- SWITZERLAND,
281
made by promotion, and new appointments of assistants of the second
class were made from time to time by the Federal Council. There
are no politics in the selection of the inspectors. As already noted,
a member of the International was one of the first inspectors. A
Social Democrat is at present an inspector in Basel.
A knowledge of languages is of great importance especially in the
French and Italian Cantons. In the appointment of assistants the
chief of each respective district is consulted and asked to investigate
the records of each applicant. Dismissal of an inspector is possible,
but has never occurred.
The character of the inspectors may be judged by the first inspec
tors. Usually technically trained men or men who are interested in
industry and in industrial life are appointed. Dr. Schuler was a
physician and expert on hygiene; another inspector is a practical
engineer; another is a chemist; another is an electrical engineer.
Dr. Wegman says that at present there is no jurist and no physician
among the inspectors. Dr. Wegman, a doctor of philosophy, was for
16 years assistant to Dr. Schuler, and has succeeded him.
CANTONAL FACTORY INSPECTION.
Besides the Federal factory inspectors there are several Cantons
which have their own factory inspectors. The Cantons which have
their own inspectors are the following: Basel, St. Gall, Neuchatel,
Solothurn, and Yalais. Cantons Zurich and Appenzell have, instead
of inspectors, local commissions. In the other Cantons the enforce
ment of the law is by the police or local authorities. Where there
is a special inspectorial force appointed by the Cantons this force has
usually other duties besides assisting the Federal inspectors in their
work. They usually inspect smaller workshops and have charge of
the industrial and trade laws, associations, apprentice laws, etc.
The inspectorial department of Basel, which the author visited,
consists of an industrial inspector, two assistants of the second class,
and a female assistant of the second class. Their office is in the
quaint, ancient Ratliaus of Basel. The industrial inspector of Basel
is a chemist and was formerly chief of the observatory. He receives
a salary of 5,000 francs ($965) per year. He is also one of the judges
in the industrial court as well as secretary of the workers’ commission
for the settlement of strikes, etc. He has three assistants, one of
them a woman, who has charge of the establishments in which children
and women are employed. One assistant takes charge only of acci
dent cases and makes investigations of these; the third assistant has
supervision over the apprenticeship system. There is no telephone in
the office, as otherwise the inspectors say “ they would be bothered
too much.”
282
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Factories are left to the supervision of the Federal inspectors. An
establishment which has machinery and motor power and a number
of employees in certain, departments may be partly subject to Federal
inspection. In other parts where there is n o machinery or motor
power it is not a factory and is subject to cantonal inspection.
The duties of the industrial inspectors of Basel are stated as
follows:
1. The enforcement of the law for the protection of women work
ers, the enforcement of the Federal factory law, and the Fed
eral em ployed liability law as far as these are not within the
jurisdiction of the Federal authorities.
2. The support of the Federal factory inspectors.
3. The enforcement of the law for the protection of employees in
commercial establishments.
4. The enforcement of the Sunday law.
5. The supervision of the apprenticeship system according to the
apprenticeship law.
6. The secretaryship of the commission for commerce, industry
and trade, and apprenticeship.
WORK OF FEDERAL INSPECTORS.
STATISTICAL DATA.
The last biennial report of the Federal factory inspectors was
issued in 1912 and embraces the inspectorial period of 1910 and 1911.
During June, 1911, a general industrial census was taken throughout
Switzerland, and is published in a separate volume under the title of
u Schweizerische Fabrikstatistik nach den Erhebungen des Eidgenossischen Fabrikinspektorates vom 5 Juni, 1911— herausgegeben vom
Schweizerischen Industriedepartementen.”
The total area of Switzerland occupies 41,324 square kilometers
(15,955 square miles) and is divided into 25 cantons. The total
population on December 1, 1910, was 3,750,000. There were on
June 5, 1911, in the whole of Switzerland 7,785 establishments
employing 328,841 workers, an increase of 28 per cent in the number
of establishments since 1901, and an increase of 294.6 per cent in the
number of establishments since 1882. There is an increase in the
working population of 35 per cent since 1901 and 243.8 per cent
since 1882. Of the 7,785 establishments there were 1,190 without
motors and 6,595 with motors driven either by water, steam, or
electricity. The total horsepower used in the 6,595 factories using
motors was 964,440.
The table following shows the number of establishments according
to the number of persons employed therein.
283
FACTORY INSPECTION IN EUROPE---- SWITZERLAND.
N U M B E R A N D P E R C E N T O F E S T A B L IS H M E N T S E M P L O Y IN G EA C H C L A S S IF IE D
N U M B E R O F P E R S O N S , A N D T O T A L N U M B E R O F W O R K E R S E M P L O Y E D , S W IT Z E R
L A N D , J U N E , 1911.
E stablishm ents.
Classified n u m b er of persons employed in each establishm ent.
N um ber.
U p to 10 w o rk ers......................................................................................................
From 11 to 20 w o rk ers.............................................................................................
F rom 21 to 50 w o rk ers.............................................................................................
F rom 51 to 100 w o rk ers.................................... ......................................................
F rom 101 to 200 w o rk ers.........................................................................................
F rom 201 to 500 w o rk ers.........................................................................................
O ver 500 w o rk ers......................................................................................................
2,699
1,869
1,734
830
403
192
58
T o tal.................................................................................................................
7,785
P er cent
in each
class.
N um ber of
workers.
34. 7
24.0
22.3
1 0 .6
5.2
2.4
=8
m o
17,379
27,788
55,833
59, 111
55,847
57,129
55,754
328,841
Nearly one-third of the workers, or 100,175, working in 1,584 estab
lishments, belong to the textile industry. The next largest group of
workers, namely, 46,435, belong to the industry of machines, appa
ratus, and instruments. The next largest group of workers, 34,983,
are working in the jewelry and watch industry. In only 7.5 per cent
of the industries were no women found at work.
The following shows the number of workers according to age
and sex:
Total workers....................................................................................
Total male workers...........................................................................
Total female workers........................................................................
Male workers between 14 and 16 years..........................................
Male workers between 16 and 18 years..........................................
Male workers between 18 and 50 years..........................................
Male workers over 50 years.............................................................
Female workers between 14 and 16 years......................................
Female workers between 16 and 18 years......................................
Female workers between 18 and 50 years......................................
Female workers over 50 years.........................................................
328, 841
211, 077
117,764
9, 406
14, 063
164,198
23, 410
11. 632
16, 054
81, 351
8,727
W ORK OF INSPECTORS IN EACH DISTRICT.
According to the last report, the inspector of the first district with
his two assistants have made in 1910 and 1911, 2,767 and 2,257 inspec
tions, respectively. The reason for the smaller number of inspections
in 1911 was due to the trip made by the inspectors to visit the Dresden
Hygienic Exposition. This practically covered all the factories in
the districts. The inspectors also spent 354 days of traveling in 1910
and 301 days in 1911. No Sunday inspections were made and few
night inspections.,
The total number of factories in this district was 2,594, employing
117,618 workers. The inspectors state that their relations with
employers and employees were very close and constant.
284
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
During the two years there were 372 plans for new establishments
presented to the inspectors for revision.
The latest accidents in factories reported by inspectors are for 1909
and 1910. The total number of accidents in 1910 for the first district
was 7,922, with a loss of work of 187,870 days. Of these accidents
24 were fatal. The ratio of accidents per 1,000 workers was 67.9.
There was paid to the workers on account of accidents the sum of
1,582,097.25 francs ($305,344.77).
One hundred and six cases of occupational diseases were reported
during the two years. These were reported not only from factories
but from all establishments which were under the employers’ liability
act. Eighty-three per cent of the eases were due to lead poisoning.
The rest were due to the action of gases and fumes. There were
two cases of anthrax poisoning in 1910. Two cases where death was
caused by inhalation of nitrous gases were reported.
Dr. Wegman in his report states that he does not think that all the
cases of accidents have been reported. In one firm which employed
several hundred workers he.found that not one case of accident was
reported. In other cases only fatal or very serious accidents were
reported.
In the course of the two years the inspectors of the first district
received 464 various projects connected with industries for their
advice and report.
The inspectors passed upon permits for applications for overtime,
as follows: In 1910, for 2,557 establishments; in 1911, for 2,594
establishments; number of workers, 117,024.
Overtime work up to two weeks was permitted in 1910 for 4,768
workers and in 1911 for 4,509 workers. Overtime work for more
than two weeks excluding Saturdays was permitted in 1910 for 1,288
workers and in 1911 for 1,700 workers.
Special permits were given for night work in 1910 for 69 workers
and in 1911 for 107 workers; for Sunday work, in 1910 for 17 workers
and in 1911 for 27 workers.
The total number of permits given during 1910 was 633 and during
1911, 646.
The report mentions but few cases of illegal child labor. It states
that the enforcement by the cantonal government of the factory
law was very good. There was a total of 206 violations of the factory
law in which fines were imposed, with a total sum of 5,435 francs
($1,048.96).
The inspector of the second district reports that there were 2,410
establishments in his district with 78,717 workers in 1911.
For the years 1910 and 1911 the three inspectors made 4,614
inspections— 2,872 inspections in 1910 and 1,742 inspections in 1911.
Five hundred and twenty-five establishments not under the fac
tory act were also visited.
FACTORY INSPECTION IN EUROPE---- SWITZERLAND.
285
The inspectors were unable to visit 300 establishments in the
Canton of Geneva, and inspections were made for them by the in
spector of the Canton.
A number of establishments in the Canton of Ticino were inspected
by the health department of the Canton.
On inspectorial journeys 368 days were spent in 1910 and 223 in
1911. Three conferences were held in 1910 and 2 in 1911.
The smaller number of inspections for 1911 is due to the number
of conferences held and to the visit to the Dresden Exposition.
The inspectors report that in most cases their simple orders to the
employers were complied with.
During the two years, 328 permits for new establishments and for
altering old establishments were received, examined, and reported
upon.
The number of accidents in factories during 1910 and 1911 was
8,136, compared with 7,306 of the preceding two years.
The ratio of accidents per 1,000 workers was 57.39. The greatest
number of accidents was in the chemical industry; next came the
metal industry. One hundred and twenty-two fatal cases were re
ported for a]l classes of establishments. Accidents due to machin
ery, 26.5 per cent.
As in the first district, a large per cent of industrial poisoning was
due to lead. One fatal accident was due to inhalation of nitric acid
fumes, and two fatal accidents from carbon-oxide poisoning.
The total number of permits for overtime and for night and Sunday
work was 687 in 1910 and 700 in 1911. Sixty-eight permits were
given for nightwork, and 267 permits were given for Sunday work.
The total number of cases of violations upon which fines were
imposed in the district was 181, with a total sum of fines imposed
amounting to 3,313.80 francs ($639.56).
The inspector of the third district reports 2,811 establishments in
his district with 133,000 workers.
There were made by the three inspectors 2,947 inspections in 1910
and 2,002 inspections in 1911. Only one night inspection was made
in 1911 and none in 1910. Practically every factory in the district
was visited at least once a year.
The reasons given in the other districts for the smaller number of
inspections in 1911 also apply to the third district, the inspectors
having attended the Dresden Exposition and various conferences.
There were 576 applications for reports on new establishments
presented to the inspectors within the two years.
The inspectors report accidents in 1909 and 1910 numbering 15,032
in factories and 9,378 in establishments not classed as factories. The
ratio of accidents per thousand workers was 60.3 in 1910. There were
paid on account of accidents according to the employers7 liability
law 1,556,105.67 francs ($300,328.39).
286
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Ninety-nine eases of industrial poisoning were reported, 21 of which
were due to lead.
In 1910 the inspectors of this district gave 704 permits for excep
tions for nightwork, etc.; 145 permits were given for nightwork, and
89 permits were given for Sunday work.
Inspectors complained of a large number of child workers employed
in the home-working industries, over which the inspectors have no
control.
In 267 cases fines were imposed for violations, the total sum of
fines being 6,520.20 francs ($1,258.40).
METHODS OF INSPECTION.
The offices of the district inspectors are usually in buildings owned
by the cantonal governments, but a rental is paid by the Federal
Government for such offices. The office of the first district inspector,
Dr. Wegman, is in a small village at the foot of the mountains at
Mollis near Nafels in Canton Giarus, in the post-office building. No
telephones are installed in the office, as the inspector claims he would
rather have written complaints than be “ bothered by telephone mes
sages.” Anonymous complaints are attended to. Some complaints
are received at the office of the district inspector; a great many are
sent to the Federal Government at Bern.
The relations between the inspector and his assistants seem to be
very intimate and friendly. The assistant inspectors are not given
districts, but are assigned by the inspector according to need and
their special knowledge. At the office of the first district there are
no clerks. Most of the correspondence is done without a typewriter.
For each industrial establishment is kept an akt consisting of
the reports which are made by the inspector for each inspection.
The akt is therefore practically a history of the inspections made
by the inspectors. No copies of these akten or reports are kept,
and the inspector usually takes these akten with him on his inspec
tion in the district. What would happen in case some of these akten
are lost the inspectors did not say. The report, which is written by
each inspector after the inspection of a certain factory, is dated,
but is not signed, because, as an inspector explained, the hand
writing of each inspector is well known without his signature.
Each factory is required to keep a “ Fabrikordnung” on a form
which is given to them by the inspectors. The “ Fabrikordnung ”
shows the following data:
I. Hours of work:
Industry------. Date------ .
Address------. Monday to Friday------ .
Fabrikordnung approved------. Hours------. Pauses------ .
Hours oi labor------. Saturday------ . Pauses------ .
FACTORY INSPECTION IN EUROPE---- SWITZERLAND.
287
II. Federal exemptions for night, Sunday, and shift work:
Number------.
Industry------.
Date of perm it------.
Hours allowed------.
Remarks----- .
III. Number of workers:
D ate------.
M ale------; under 1 6 ------ ; under 1 8 ------ ; over 1 8 ------ ; total------ .
Female ------ ; under 16------ ; under 18 ------ ; over 1 8 ------ ; total------ .
Female keeping house------; married------ ; total------ .
IV. Machines and motors:
Date------. Number of horsepower------ .
K in d ------.
Y and VI. Insurance:
Date ------ .
Accident insurance------.
Premium------.
Participation of the workers------.
Sickness insurance------.
VII. Permit for extra work:
Year------.
Sundays------.
Nights ------ .
Remarks — .
Besides this the Fabrikordnung gives the following:
I. The daily hours of work consist o f ------hours.
On eves of Sundays and legal holidays------hours, with closing hour at 5 p. m.
II. Payment of wages every------days, o n -------day of week, of which ------ - days are
held for payment for the following week. The employer is entitled to this
pay in case the worker illegally leaves his place.
III. Two weeks’ notice must be given by employers and workers. The notice must
be given on pay day or on Saturday. Shorter or longer notices may be arranged
by special contract.
. The following form is used for registering of accidents:
List of accidents occurring in the establishment of the firm ------.
Number------. Number of establishment------.
Name of injured------; his year of birth------ .
Special employment ------; injured through ------ ; nature of accident ------ ; date cf
accident —— ; recovery------.
When w^as notice of accident sent to the authorities?
Compensation according to the law of June 25, 1881:
1. Number of days or hours------.
2. Wages per day or per hour------.
3. Total------.
4. Cost of treatment and cu re------.
5. Permanent disability------.
6. Accident insurance------.
7. Industrial insurance------.
8. Sickness insurance ------ .
288
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Owners are also required to keep a u Wochnerinnenliste, ” i. e., a
list of women workers who have been confined. This list gives the
date of confinement, the number of days and weeks before confine
ment when the worker left the factory, and the date of return to the
factory after confinement.
Child workers under 18 years are required to present a certificate
of age before being employed. The certificate is as follows:
Free.
AGE CERTIFICATE FOR FACTORY W O R K E R S.
Name...............................................................................................
from..........................................................................................
born........................................................................... , 19-----[Town]..............................
Local official
[Date of issue].............................
No special tests for light, air, etc., are made by the inspectors; all
such tests being made, if necessary, by Prof. Roth, of the Technical
College of Zurich. The inspectors begin their work with an examina
tion of the registers and records kept by the owner, and then proceed
to the inspection of the personnel of the workers, especially in
relation to child and women workers, and then to the sanitary con
dition and to the machinery in the factory.
It is seldom that inspectors tell the employer just what is to be
done in case they notice violations, unless these violations are of
minor character, such as deficient forms, registers, etc. In case
some serious violations are found, the inspector usually sends a form
letter printed by the Government to the employer upon his return
to the office. This form letter reads as follows:
FEDERAL FACTORY INSPECTION OF THE FIRST DISTRICT.
Mollis.
Date---------.
Mr.------------------- .
The inspection of your establishment o n ---------, has led me to make the following
demands of you, which, according to official custom, I repeat herewith in writing
I request you to advise me of compliance with these demands, and remain,
Yours, very truly,
(N am e)........... ............ ,
Factory Inspector First District.
,
FACTORY INSPECTION IN EUROPE---- SWITZERLAND.
Usually 10 days’ time is given by inspectors for reply.
reply is received a second letter is sent as follows:
289
In case no
FEDERAL FACTORY INSPECTION OF THE FIRST DISTRICT.
Mollis.
Date---------.
Mr. — ,---------------.
The last inspection in your establishment has compelled me to request you to
remedy certain defects and to send me written notice of such compliance with my
request. As your answer has not been received, I beg you to send me such reply
within at least 14 days from date.
Yours, very truly,
(N am e)........................
Factory Inspector, First District.
If no reply is received to the second notice, the inspector notifies
the local authorities of the Canton— either the police or the State
department which has charge of the enforcement of the law. The
owner then receives a letter from the cantonal Government, notifying
him of these violations and requiring him to remedy the illegal
conditions under threat of penalty and fine. A copy of this letter
is sent to the Federal inspector. The inspection is then made by
the cantonal factory inspector or by the local police. If the illegal
conditions have not been remedied proceedings are brought by the
cantonal authorities before the court, or the Government authori
ties themselves proceed with imposing fines upon the owner. If
the fine is too small, or no fine at all is imposed, the Federal inspector
may appeal to the Federal industrial department against the can
tonal authorities. An appeal may also be made by the employer
against a fine which he considers too heavy for the violations. In
certain cases either the Federal factory inspector or the employer
may demand a special investigation of the matter so as to determine
technically the disputed points.
Dr. Wegman told the writer of a case where an order for an addi
tional staircase in a factory was strenuously fought by the owner
and it took three months before he was at last compelled to comply
with the order. This, Dr. Wegman thinks, is the longest time that
it has taken for an order to be complied with from the time of its
issue.
The inspectors do not do any special educational work among the
employees or the employers in the factories, although a number of
circulars and booklets are issued by them for such purposes. A
special circular on prevention of tuberculosis in workshops issued
by the Federal factory department under date of August 31, 1900,
is usually posted in every factory. It gives in a clear and succinct
way the principles of prevention of the spread of tuberculosis— by
cleanliness, by not spitting on the floors, etc.
32447°—Bull. 142—14------19
290
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
There are also other pamphlets issued by the department, such as
sanitary regulations for printing establishments, hygienic arrange
ments in cigar and tobacco factories, prevention of injury in the
wood industry, how to prevent accidents in the manufacture and
storage of celluloid, information for workers in establishments using
lead or lead compounds, etc.
STANDARDS.
There are no special standards by which the inspectors are guided
in their inspection of factories except in the general provisions of the
factory law. There were, however, special standards established on
December 13, 1897, for the guidance of inspectors in giving permits
for new factories and for alterations of old factories.
Some of the most important standards are the following:1
Basement rooms.—Basement rooms may be used as workrooms only in case they are
sufficiently lighted, protected from dampness, and not exposed to danger from
inundation.
jHeight and air space o f workrooms.—Workrooms must be at least 3 meters (9 feet 10
inches) high. For each worker there must be a minimum air space of 10 cubic meters
(353 cubic feet). Booms with a floor space of from 100 to 200 square meters (1,076 to
2,153 square feet) must be at least 3.5 meters (11 feet 6 inches) high, and those with a
floor space in excess of 200 square metera (2,153 square feet) at least 4 meters (13 feet
I inch) high.
Windows.—Windows must be at least 1.8 meters (5 feet 11 inches) high and reach
within 30 centimeters (11.8 inches) of the ceiling. They must be so constructed that
in emergencies persons may be able to escape through them.
Light.—Sufficient provision must be made for the lighting by natural cr artificial
lights of all workrooms, stairs, halls, toilets, etc. Emergency lamps shall be installed
in sufficient number in rooms lighted by gas or electricity.
Ventilation,—Ventilation shall be effected by means of easily regulated ventilators
placed in all windows, unless other sufficient ventilating apparatus is provided.
Heating.—Heating apparatus and pipes in the workrooms shall be placed as low as
possible and in such a manner that the workmen are not inconvenienced by radiation
of the heat. Heating apparatus must be so constructed that it can be easily cleaned
of dust.
Stairs.—Stairs which are not inclosed by solid walls must be provided with a safety
railing. In establishments in which inflammable or easily combustible materials are
worked up the stairs must be constructed of iron or stone and be inclosed in fireproof
walls.
Exits .—All buildings of a length of 30 meters (98 feet 5 inches) or more must be
provided with two separate stairways leading into the open. Likewise, buildings
with three or more stories must be provided with two stairways, or one main stairway
and a fire escape. The main stairway must have a width of at least 1.2 meters (3 feet
II inches).
Doors .—Doors must have a minimum width of 1.2 meters (3 feet 11 inches) and open
outward. In establishments working up explosives or inflammable materials the
doors must be covered on both sides with metal. Large frame buildings must be
provided with a suitable number of emergency exits.
Shafts and elevators.—Elevator shafts and other large openings from one floor to
another must be so constructed that they shall not contribute to spreading of fire or
i T ranslated in th e U n ited States B u reau of L abor Statistics from L a n d m a n n , D r. Ju liu s, D ie A rbeiterschutzgesetzgebung der Schweiz, Basel, 1904, pp. 39 ff.
FACTORY INSPECTION IN EUROPE---- SWITZERLAND.
291
smoke. Large shafts must be constructed of fireproof material and, whenever possible,
be walled in on all sides. Passenger elevators must be provided with safety brakes,
and at their landings they must be securely locked.
Galleries, bridges, etc.—Galleries, ascents, bridges, running boards, platforms, etc.,
must be provided with a railing and a skirting preventing the falling of objects.
Toilets.—Separate toilets for each sex must be provided in sufficient number (at
least one for each 25 persons), and those for men are to be equipped with urinals.
They must be separated from the workrooms by an easily ventilated hall and have
eelf-closing doors. Waste pipes of toilets may not be of wood and are to be provided
with ventilator pipes reaching beyond the roof. Waste pipes terminating in a general
sewer must be water sealed. Cesspools must be isolated from all walls of buildings,
be waterproof, and be provided with an air-tight discharging sluice. Each cesspool
must be provided with a ventilator pipe of a minimum diameter of 20 centimeters
(7.9 inches) extending above the roof.
Exhaust o f dust and gases.—In workrooms in which injurious dust or poisonous or
noxious gases are generated provision must be made for their direct removal, as well
as for locker wardrobes and washing appliances, and if practicable for separated
dressing, wash, and bath rooms.
Pollution o f the air by explosive gases.—Gas, benzine, petroleum, and similar motors
must be separated from the workrooms as air-tight as possible. Gas meters, gas wash
ers, etc., may not be installed in rooms in which there are lights or other burning or
incandescent substances.
Drying chambers.—Drying chambers directly heated by furnaces are to be installed
in detached buildings, or if they are attached to the main building they must be
separated from the latter by a fire wall.
Storerooms.—Storerooms for large quantities of inflammable material may be in
stalled beneath workrooms only in case they are separated from them by means of
fire walls and fireproof ceilings.
Steam boilers.—The decree of October 16, 1897, relating to the installation and
operation of steam boilers is also applicable to steam boilers in factories.
Moving parts o f machinery.— All rotating or moving parts of machines must be so
covered and guarded that contact with them is prevented.
and power mains must be safely insulated or screened in.
Electric power engines
Transmission machinery.—Transmission machinery in workrooms which is not en
tirely inclosed must be installed at least 2 meters (6.6 feet) above the floor. Trans
mission ropes or belting running over passages, halls, courtyards, etc., are to be pro
vided with protective netting. Rotating transmission parts must not have protruding
keys or bolts. Transmissions passing through the floor must be so installed that they
can easily be attended from above, or that this may be done without difficulty in the
conduit or in the basement.
Disconnection o f transmission parts.—Arrangements are to be made so that the dis
connecting of transmission parts may in all workrooms be easily effected. In excep
tional cases permission may be given to connect the workrooms with the engine room
by a signal apparatus. Each individual machine must be so arranged that it can be
independently disconnected.
Passages between machines.—The machines must be so installed that workmen do
not hinder or endanger one another. Passages between individual machines must be
at least 0.8 meter (2.6 feet) wide, and main aisles at least 1 meter (3.3 feet).
Lunch rooms.—Lunch rooms shall be installed in all factories in which it can not
be proved that they are superfluous.
Drinking water.—Provision is to be made for good drinking water wherever possible.
Fire-extinguishing apparatus.—Hydrants shall be installed wherever possible; other
wise water tanks shall be provided.
APPENDIX.—AGREEMENTS BETWEEN EMPLOYERS, EMPLOYEES, AND
FACTORY INSPECTORS ON RULES FOR THE PREVENTION OF ACCI
DENTS IN GREAT BRITAIN.
One of the recommendations of the departmental committee on
accidents in places under the factory and workshop acts in Great
Britain was that conferences should be held by the factory inspectors,
with representatives of employers and workpeople, for the purpose
of discussing dangers and the best means of preventing accidents.
This recommendation was carried out in 1912 in regard to cotton
spinning, cotton weaving, worsted and woolen spinning, and, to the
extent of a preliminary conference, in iron founding industries. On
each occasion there was a substantial degree of agreement on many
important details. The official report of the terms of agreement of
each conference is printed in the Annual Report of the Chief Inspector
of Factories and Workshops for the year 1912, and the text of the
first three of the agreements is given herewith.
COTTON-SPINNING CONFERENCE.
N o t e s o f A g r e e m e n t s .1
FENCING A N D SAFEGU AR D S.
I. General provisions.
(a) On new machinery all projecting set screws on continuously revolving
parts shall either be countersunk or be otherwise efficiently protected;
where projecting set screws are placed inside box pulleys they shall
be deemed to be efficiently protected.
Projecting set screws on existing machinery are to be dealt with
by inspectors according as the occurrence of accidents may indicate
the necessity of countersinking or protection.
(b) On new card-room machinery the following wheels shall be plated:
(1) All driven pulleys.
(2) Pulleys or undershafts of draw frames.
(c) Ladders, other than stepladders, shall be fitted with hooks or other nonskid
device—provided that in mule rooms or in rooms where persons work
with bare feet, ladders shall not be fitted at the bottom with spikes.
( d) Heavy overhead main driving belts or ropes shall be guarded underneath
in all cases where there is liability of persons having to pass under
them.
N o t e .—This does not refer to the strap that drives the mules, nor to
the rope race in the engine house.
(e) It shall be obligatory on any woman or girl working about machinery to
have her hair put up or otherwise confined in a net.
(/) All firms are to be urged to keep a supply of sterilized dressings, which
shall be kept available for first aid for any operative who receives a
cut or wound.
1 From Great Britain Home Department, Annual Report of the Chief Inspector of Factories and Workshops for the year 1912. London, 1913, pp. 94, 95.
292
FACTORY INSPECTION IN EUROPE— APPENDIX.
293
II. Blowing-room machinery.
(a) Beater covers and the door immediately over the dirt grid shall be fitted
with an automatic locking arrangement which renders it impossible to
open the covers while the beater is still running, or to restart the machin
ery until the doors have been closed.
( b) The nip between the cage wheels and calendar wheels shall be efficiently
protected on all machines. On new machines “ spectacle” guards shall
be provided, extending round the outer edge of both wheels.
(c) Fender guards shall be provided for the fan-strap side of scutchers, to
guard the fan strap and Blow-motion strap. Provided that on existing
machines where the slow-motion pulley is driven directly b y a strap
from the overhead shaft, it shall be optional either to plate the wheel
or to protect it by a fender guard. If the fan strap is on the opposite
side to the slow-motion strap, each strap shall be protected separately.
( d) Projecting ends of beater shafts shall be fitted with loose sleeves, or be
otherwise protected.
III. Carding engines.
(а) All feed-roller wheels, doffer and barrow wheels, side-shaft wheels, calendar
wheels, and coiler wheels shall be efficiently fenced.
(б) All cylinder doors shall be fitted with an automatic locking motion which
will prevent the door from being opened until the cylinder has ceased
to revolve, and which shall render it impossible to restart the machine
until the door has again been closed.
(c) Licker-in covers shall be screwed down so that they can not readily be
lifted while the machine is in motion.
(d) In new machinery covers shall be extended as far as is reasonably prac
ticable over the doffer.
( e) In new mills there shall be a space of at least 12 inches between the pulleys
or the outermost parts between the cards, and at every third card a
space of 24 inches.
IV. Drawing frames.
(a) The roller gearing shall be effectively covered, and on new frames the
covers shall be automatically locked in such a way that they can not
be lifted while the machinery is in motion.
(It is understood that this rule shall not prohibit the overlooker
from putting the lock temporarily out of action when changing the
wheels, it being recognized that he must see them running in order to
satisfy himself that they are properly set.)
(b) The pulley at the end of the frames shall be protected.
(c) The undershaft shall be covered.
V. Speed frames.
(a) Headstocks shall be fitted with metal plates to protect all jack-box wheels,
and these on all new frames shall be fitted with automatic locks which
shall prevent the doors being opened while the machinery is in motion,
and shall render it impossible to restart the machine until the door
has been closed.
(b) Draft change wheels, twist wheels and carrier wheels, bobbin driving
wheels, and lifter wheels shall all be effectively protected.
(c) Bobbin skew gear wheels shall be covered over the top, and these covers
shall be extended both in front and behind round the edge of the wheels,
except in those cases where the spindles are not cleaned wdiilst the
machinery.is in motion.
(d) Spindle skew gear wheels shall be effectively covered. On new frames
the covers shall be of metal (other than cast iron), and on old frames
metal covers shall generally be substituted for wooden ones as the
necessity arises for their renewal.
294
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
Y. Speed frames—Concluded.
(e) Lifter rack wheels should be securely fenced, the guard to be such that
it will effectively protect the nip both as the rail rises and as it falls.
(/) All new balance weights shall be cast with the eyelet forming part of the
weights themselves.
VI. Self-acting mules.
(а) The guards for middle back shaft scrolls shall be fitted with flanges to
protect the intake of the bands and the side of the scroll. The guards
for middle draw band and carrier pulleys shall be either fixed to the
bottom creel board, or be so fastened otherwise that they can not readily
be knocked aside. The side pieces of the guard shall be extended
inwards far enough to completely guard the nip between the band
and the scroll.
(This rule was agreed to in principle, but the exact forms of the guards
are to be decided upon later.)
(б) On new machines the guards for faller stops shall consist of a cover over the
stop. The combined guard and faller stop shall not be deemed to
satisfy the requirements of this rule.
(c) On new machines the guards for end draw band pulleys shall be extended
at least half an inch beyond the end of the pulley.
(d) Where persons have to stand on creels to attach driving belts (not counter
shaft belts), the two creels shall be joined together by timber to form a
platform on which to stand, or some other equally safe method shall
be adopted to the satisfaction of the inspector.
(e) In new mills the space behind the mules shall not be less than 3 feet
between the rovings.
(/) Metal fasteners shall not be used for overhead driving belts unless the
belt itself be securely fenced—provided that this rule shall not apply
to metal fasteners consisting of a continuous wire stitching held together
by a peg other than a metal peg.
VII. Ring and throstle frames.
(a) All cogwheels shall be securely fenced.
(b) The outer ends of the frames shall be filled in with metal plates.
(c) No banding of spindles shall be allowed while the frame is in motion where
there is a double tin roller.
CLEANING M ACH INERY.
I. Young persons shall not be allowed to clean the following parts of machinery while
they are in motion:
(a) Blowing room machinery—■
No part which requires the removal of guards.
( b) Carding engines—
(1) Sides and backs of cards, except with a handbrush;
(2) Doffer covers, comb-box, top of comb, and top of coiler, except
with a soft waste or strips;
(3) Other parts not to be cleaned at all while in motion.
(c) Speed frames—■
No part of machinery that it has been agreed requires guarding shall be
cleaned whilst in motion, nor are the spindles between the bobbin
and spindle skew gears to be cleaned whilst in motion, unless the
guard for the bobbin skew gear is extended both in front and behind
round the edge of the wheels.
295
FACTORY INSPECTION IN EUROPE---- APPENDIX.
I. Young persons shall not be allowed to clean the following parts of machinery
while they are in motion------Concluded.
(d) Self-acting mules—
(1) Back shaft scrolls, draw band, and carrier pulleys;
(2) Back carriage wheels and back of carriage;
(3) Quadrant pinions;
(4) Back of headstock, including rim pulley and taking-in scrolls;
(5) The whole of the front of the headstock.
It was further agreed that these restrictions should be deemed to apply
only to persons under 18 years of age.
TEM PERATURE.
The following temperatures were agreed to as being “ reasonable ” :
M axim um. M inimum.
Degrees.
Degrees.
80
95
60
70
Card rooms and ring room s....................................................................................................
Mule room s.................................................................................................................................
By this it is understood that the means of heating shall be turned off when the
temperature reaches the maximum, and that this agreement shall not be deemed to
have been broken if under exceptional climatic conditions the temperature should
rise above the figures named without the aid of artificial means. Employers agreed
to provide thermometers in the spinning rooms.
COTTON WEAVING CONFERENCE.
N o te s
of
A g r e e m e n ts
.1
I. General provisions:
(a) On new machinery, all projecting set screws on continuously revolving
parts shall either be countersunk or be otherwise efficiently protected.
Projecting set screws on existing machinery shall be replaced wherever
practicable by grub screws. Where projecting set screws are placed
inside box pulleys, they shall be deemed to be efficiently fenced.
(b) On new machinery the following wheels shall be plated:
(1) Balance wheels on looms, and to be without perforations, except
near the rim of the wheel;
(2) Flywheels on sectional warping machines, where the wheel is on the
outside of the machine.
(c) Ladders, other than stepladders, shall be fitted with hooks or other nonskid device.
(d) Heavy overhead main driving belts or ropes shall be guarded underneath
in all cases where there is liability of persons having to pass under them.
It is agreed that there may be instances where the principle of this
rule should be applied to counter-driving belts.
(e) Metal fasteners shall not be used for overhead driving belts unless the belt
itself be securely fenced—provided that this rule shall not apply to metal
fasteners consisting of a continuous wire stitching held together by a
peg, other than a metal peg.
(/) Any woman or girl working about machinery shall have her hair put up,
or otherwise confined in a net.
(g) A supply of sterilized dressings shall be kept available for first aid for any
operative who receives a cut or wound.
i Annual Report of the Chief Inspector of Factories and Workshops, 1912, pp. 96, 97.
296
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
I. General provisions—Concluded.
(h) Floors, passages, and stairways are to be kept in good repair, and free from
the accumulations of dirt or size. Sand shall be provided for use on
slippery floors.
II. Fencing of machinery, and other safeguards:
Winding frames: Fencing shall be provided for—
(1) Traverse motion and mangle motion wheels, when on the outside of the
frame; also when inside the frame, if the frame has an open end and
the wheels are placed near that end.
(2) Where there is a double tin roller, the toothed wheels and the rope drive
at the end of the rollers.
(3) Bevel wheels driving spindles of “ Jumbo” cop-winding frames.
Warping machines:
All bevel wheels, and also teeth and pinion wheels on winding-on machines
shall be fenced.
Size becks: The following shall be fenced:
(1) Bevel wheels working dashers, unless otherwise safe by position.
(2) Spur wheels at the side of beck (if any).
(3) Cogs on boiling pan, and also the shaft connected with same., if the shaft
is on the floor level, unless these be otherwise safe by position.
Taping machines:
(a) On new machines the distance between the periphery of the smaller and
larger cylinders shall not be less than 6 inches.
(b) The following shall be fenced—
(1) Set screws and bevel wheels on side shaft.
(2) Measuring motion wheels, unless safe by position.
(3) Bevel wheels and upright shaft for driving colored or top box (to be
incased).
(4) Speed change wheels.
(5) Gears working cylinder at end of dry taping machines.
Looms:
(1) Shuttle guards to be provided in all cases. Rod guards shall be fixed as low
as possible. A space of not less than five-eighths of an inch must be left
between the temple and the guard—provided that this part of this rule
shall not apply to velvet looms or to looms of 60-inch reed space and over.
Laterally the guard shall extend to at least half the shuttle’s length from
the spindle stud bolt on overpick looms or the trash plate on underpick
looms.
(2) Except where the hammer head always extends over the breast beam, there
shall be a space of not less than three-fourths of an inch between the ham
mer head and the beam.
(3) Duckbills on all loose reed looms shall be protected both above and below
unless they are of such construction, or in such a position as to be equally
as safe as if they were protected.
(4) Tappet, twill motion, and barrel motion wheels on all looms, whether placed
underneath or at the side of the looms, shall be fenced, unless they are
safe by position behind the balance wheel, with the ingathering point
on the side next the slay,
(5) Overhead driving shaft on jacquard looms shall be fenced.
(6) On new looms finger rooms (1 inch) shall be provided between the set
screws on the heald shaft and the top of the loom.
N o t e .— Agreed to for old looms also, where it can be done by the
adjustment of the bracket and the distance between the healds and the
slay allows it.
FACTORY INSPECTION IN EUROPE---- APPENDIX.
297
II. Fencing of machinery, and other safeguards—Concluded.
(7) There shall be a space of not less than 1 inch left between the connecting
rods driving the dobby and the framework of the loom, and between the
stay and the picking stick a space of not less than 2 inches.
(8) No weight shall be suspended from the weight rope, or hooked onto the top
of another weight, and levers shall not be allowed to project in such a
way as to obstruct the alley.
This rule shall only be deemed to apply to the bottom beam.
Plaiting machines:
The spur wheels driving the bottom shaft shall be fenced.
III. Spacing of looms:
In new sheds there shall be at the backs of the looms a space of at least a foot
between the flanges of the beams, and in the alleys a space of not less than
2 feet 6 inches between slay and slay. Provided that in new sheds with
looms over 72 inches in width, in which overhead trolleys for the beams
are not provided, there shall be a space of 15 inches left between the
flanges of the beams.
IY. Cleaning machinery:
Women, young persons, and children shall not clean underneath any loom
while it is in motion.
V. Lifting of heavy weights:
(1) Women, young persons, and children shall not be employed to lift, carry,
or move anything so heavy as to be likely to cause injury to them.
(2) Women, young persons, and children shall not assist the overlooker In
lifting beams into the looms.
VI. Lighting of dark passages and stairways:
Passages and staircases shall be effectively lighted either by natural or artificial
means.
WOOLEN AND WORSTED MILLS CONFERENCE.
N o te s of A g r e e m e n t s between representatives of employers, operatives, and
factory inspectors made at a conference held at Bradford toward the end of 1912
concerning the fencing of machinery and other provisions for the prevention of injury
to persons employed in woolen and worsted mills.1
I. G EN ER AL PROVISIONS.
(1) On new machinery all projecting set screws on continuously revolving parts shall
either be countersunk or be otherwise efficiently protected; where projecting
set screws are placed inside box pulleys they shall be deemed to be efficiently
protected.
Projecting set screws on existing machinery to be fenced unless safe by
position.
(2) Ladders, other than step ladders, shall be fitted with hooks or other nonskid
device—provided that in mule rooms or in rooms where persons work with
bare feet, ladders shall not be fitted at the bottom with spikes.
(3) Heavy overhead main driving belts shall be guarded underneath in all cases where
there is liability of persons having to pass under them.
N o te . —This does not refer to the strap that drives the mules nor to the
rope race in the engine house.
(4) The fencing for all toothed wheels shall, as far as practicable, completely surround
the wheel so that there is no danger of an accident between the wheel and the
guard itself.
1From Great Britain Home Department, Annual Reportof the Chief Inspector of Factories and Work
shops for the year 1912. London, 1913, pp. 75, 76.
298
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.,
(5) All representatives present were of opinion that it was most desirable that women
and girls working amongst machinery should have their hair put up, or other
wise confined in a net, and all agreed to use their best endeavors to see that
this was done.
(6) All firms are to be urged to keep a supply of sterilized dressings, which shall be
kept available for first aid for any operative who receives a cut or wound.
(7) Cleaning of machinery in motion was considered by all to be a dangerous prac
tice, and should be avoided.
(8) Floors of machine rooms and stairs to be kept clean and free from grease as far as
practicable.
(9) Periodical examination of machinery. Some person in each mill to be told off to
examine, at least once a month—
(a) The fencing of machinery and mill gearing.
(b) The maintenance of proper temperature and ventilation.
(c) The compliance with special rules and regulations.
( d) The means of escape in case of fire, and fire-extinguishing appliances.
(e) The condition of the sanitary conveniences.
(/) A report to be made of each item and handed to the manager at stated
times.
(10) Lifting of heavy weights. Children and young persons should not be required
to lift weights which exceed for—
P ounds.
(а) Girls under 13 years of age............................ .................................. .......16
(б) Girls between 13 and 14 years of age.............................................. .......20
(c) Girls between 14 and 16 years of age......................................................35
(d) Boys under 13 years of age............................................................... .......24
( e) Boys between 13 and 14 years of age......................................................30
(f) Boys between 14 and 15 years of age.............................................. .......40
( g) Boys between 15 and 16 years of age.............................................. .......50
II. FENCING— W OOLEN PREPARING M ACH IN ERY.
(1) Rag grinders.
(a) Shaft ends of over 2\ inches projection and driving belts shall be efficiently
fenced.
(b) Forks shall be provided for shifting belt from fast to loose pulley, preferably
to be controlled by a worm gear.
(c) In new machines the driving wheel for the fan shall be a plate wheel, or
otherwise efficiently fenced.
(2) Shakers.
(a) The feed roller cog wheels and the chain and sprocket wheels shall be effi
ciently fenced.
(b) Satisfactory forks shall be provided for shifting the belt from fast to loose
pulley.
(3) Teasers.
(а) The feed roller gear, side gear, intermediate and other gear wheels shall be
efficiently fenced.
(б) The sprocket wheel and chain drive shall be efficiently fenced where
practicable.
(4) Garnetts.
(a) The swift belt and pulley intakes shall be fenced.
( b) The intakes at stripper cylinder and fancy shall be fenced.
( c) The licker-in shall be provided with a guard where practicable.
FACTORY INSPECTION IN EUROPE---- APPENDIX.
299
III. CARDING M ACH IN ERY— W OOLEN AN D W ORSTED.
(a) There shall be fencing for the side belts on the running-in side.
( b) All toothed wheels, including bevel wheels, shall be efficiently fenced.
(c) The line shafting, when it runs over and near to any card which has to be fettled
by men climbing onto the cards, shall be efficiently fenced.
(d) Belt hangers shall be provided for all belts driving cards, or as an alternative a
loose sleeve shall be placed round that part of the line shaft upon which the
belts lie when thrown off the driving pulleys.
(e) In all new mills, a clear space of at least 24 inches shall be allowed for persons
having to pass between the carding machines, or 18 inches between the machines
and the walls or other fixed structure, and this provision shall also apply to
existing mills when any rearrangement of machinery takes place, if it can be
adopted without any rebuilding or the reduction in the number of cards of a
similar size.
IV . SELF-ACTING M ULES— W OOLEN.
(a) All the fencing of the parts named in the regulations shall be carefully maintained,
and in new mules the guards for faller stops shall consist of a cover over the stop.
The combined guard and faller stop shall not be deemed to satisfy the require
ments of the regulations.
(b) The fencing for the draft wheels at the ends of the mules shall cover both the top,
front, and both sides of the wdieels.
(c) The drag wheels on headstoeks shall be fenced.
(d) On new machines the guards for draw-band pulleys shall extend at least half an
inch beyond the pulley.
V . W ASH B O W LS AN D BACK W ASH E R S— W ORSTED.
There shall be fencing for all toothed wheels.
V I. GILL
B O X E S.
(a) There shall be fencing for all toothed wheels.
( b) The back shaft shall be efficiently fenced.
V II. D RAW IN G AND ROVER FRAMES.
(a) All toothed wheels shall be efficiently fenced.
(b) The back shafts shall be securely fenced.
(c) The lifter rack and pinion on cone machines when not safe by position shall be
efficiently fenced.
( d) The headstoeks of cone drawing and roving frames shall be fitted with efficient
guards to protect all jack-box wheels, and these on all new frames shall be fitted
with an automatic arrangement which shall insure the guard being in position
while the machinery is in motion.
(e) Bobbin skew-gear wheels shall be covered on the top, and the covers shall be
extended both in front and behind around the edge of the wheels.
(/) Spindle skew-gear wheels shall be completely covered.
(g) All new balance weights shall be cast with the eyelet forming part of the weights
themselves.
VIII. SPINNING RING, CAP, OR FLYER.
(a) All toothed wheels shall be efficiently fenced.
(b) The front roller wheels shall be efficiently fenced.
(c) The driving pulleys shall be fenced when in exposed places.
300
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
I X . TWISTING FRAM ES.
(a) All toothed wheels shall be efficiently fenced.
( b) Driving pulleys shall be fenced when in exposed places.
X . LOOMS— W OOLEN AN D W ORSTED.
(a) Shuttle guards shall be provided for the following looms:
(i)
(ii)
(iii)
(iv)
Box looms of all descriptions;
All looms of any description running at 100 picks per minute or over;
All looms with a reed space of 90 inches and over; and
Such other types of looms as the frequency of accidents shows to require
guards.
( b) Pinions and bevel wheels, and wheels driving positive set-up motion on the ver
tical shafts of Dobcross looms shall be efficiently fenced.
(c) On all new looms set-screws should be countersunk or fenced.
( d) Where the jacquard of a loom is near to a line shaft, that part of the shaft shall be
fenced.
X I . W ARPING MILLS.
(a) All toothed wheels shall be efficiently fenced.
(b) Drum lags shall be efficiently fenced.
(c) Set screws on driver or carrier of warp beams shall be efficiently fenced.
X I I . FINISHING M ACH INERY— WOOLEN AN D W ORSTED.
(1) Washing and scouring machines. Woolen and worsted. All toothed wheels shall
be efficiently fenced.
(2) Milling machines.
(a) All toothed wheels shall be efficiently fenced.
( b) Rope drive, if any, shall be fenced, unless safe by position.
(3) Wringing machines. Toothed wheels on both sides shall be efficiently fenced.
(4) Crabbing machines. All toothed wheels shall be efficiently fenced.
(5) Tentering machines.
(а) All toothed wheels shall be efficiently fenced.
(б) When a separate steam engine is used for driving, the crank shall be securely
fenced.
(6) Raising machines or teazle gigs. All toothed wheels shall be efficiently fenced.
(7) Brushing machines. All toothed wheels shall be efficiently fenced.
(8) Perpetual cropping machines. When practicable, the knives shall be protected
' by a guard which can only be raised when the machine is standing. In the
case of multiple cutting machines the first knife only need be guarded.
INDEX.
A.
A ccidents,investigation of:
ra g e .
A u stria ................................................................................................................................................................. 225,228
F ran ce......................................................................................................................................................................
206
G erm any....................................................................................................................................... 158,161,163,166,167
G reat B rita in .............................................................................................................................................. 60,68,72,99
A ccidents, p rev en tio n of:
A u stria ................................................................................................................................................................. 216,217
B elg iu m ....................................................................................................................................................... 249-252,261
F ran c e ......................................................................................................................................................................
191
G erm an y ................................................................................................... 14,108, 111, 113,115,118-124,131,133,161
G reat B rita in ....................................................................................................................... 29,34,44,82,102,292-300
Sw itzerland............................................................................................................................................................
275
A ccidents, reporting of:
228
A u s tria ...* .............................................................................................................................................................
B elgium ............................................................................................................................................................... 256,257
F rance............................................................................................................................................ 196,197,199,205,206
G erm an y .............................................................................................................................................. 157-159,161,163
G reat B rita in ........................................................................................................................................ 64,68,72,91,99
Sw itzerland................................................................................................ ......................................... 276,284,285,287
Age lim it of children a n d young persons:
A u stria .................................................................................................................................................. 212,213,215,216
B elgium ........................................................................................................................................ ...................... 247-249
F ran c e ............................................................................................................................................ 174,176,179,182,183
G erm an y ............................................................................................................................... 104,106,109,116,132,133
G reat B rita in ........................................................................................................................................ 26,28,29,34,35
S w itzerland......................................................................................................................................................... 270,274
A ir space an d h e ig h t of workrooms:
A u stria .......................................... ...................................................................................................................... 237,238
B elgium ...................................................................................................................................................................
259
F ran c e ......................................................................................................................................................................
208
G erm an y .................................................................................................................................................................
133
290
Sw itzerland............................................................................................................................................... ............
A n th ra x . (See O ccupational diseases a n d in d u stria l poisoning.)
A rsenic poisoning. ( See O ccupational diseases an d in d u stria l poisoning.)
A u stria, factory in sp ectio n a n d labor-law a d m in istra tio n ............................................................................ 212-246
A ccidents, in v estig atio n o f............................................................................................................................. 225,228
A ccidents, p rev en tio n o f.................................... ............................................................................................ 216,217
A ccidents, reporting o f........................................................................................................................................
228
Age lim it of children an d young persons..................................................................................... 212,213,215,216
A n th ra x , inspectors’ reports as t o ................................ ..................................................................................
234
A rsenic poisoning, inspectors’ rep o rts as t o ..................................................................................................
232
A u th o rity of inspectors................................................................................................................................... 219,220
B udget, i nspeetion serv ice.................................................................................................................................
221
C hild labor, illegal em ploym ent of...................................................................................................................
234
Diseases of th e sk in a n d m ucous m em b ran e, rep o rts of inspectors as t o ........................................... 233,234
D u st, gases, e t c ................................................................................................................................... 216,232,233,244
E levators, liftin g a p p aratu s, e tc ., sta n d a rd requirem ents as to ........................................................... 243,244
E x em p tio n s a n d exceptions from requirem ents of la w .................................................................. 215,216,220
E x its, emergency, stan d a rd requirem ents as to ...........................................................................................
238
F actory legislation, scope an d e x te n t of.....................................................................................................212-220
Fire escapes, stan d a rd requirem ents as t o ................................................................................................. 238-240
H ours of w ork of p ro tected persons.............................................................................................. 212,213,215,216
In d u strial au th o ritie s...................................................................................................................................... 217,218
In d u stria l code, exceptions a n d exem ptions................................................................................................
220
In d u strial code, provisions of, for pro tectio n of women an d ch ild ren ................................................215,216
In d u strial code, scope o f................................................................................................................................. 214,215
In d u strial conditions, provisions of code concerning.............................................................................. 216,217
Industries specially regulated an d those requiring special au thorization.............................................
217
Inspection, a d m in istra tiv e provisions as t o ...............................................................................................218-220
Inspection books, form o f............................................................................................................................... 236,237
Inspection, m ethods o f..................................>................................................................................................ 235-246
Inspection service, organization of............................................................................................................... 220-225
Inspections m ade, n um ber, e tc ., o f..................................................................................................................
226
Inspector, central in d u stria l..............................................................................................................................
221
Inspectors, classification a n d grad in g .............................................................................................................. 222
Inspectors, salaries of....................................................................................................................................... 222,223
Inspectors, selection, a p p o in tm en t, an d p ro m o tio n .................................................................. 18,220,222-225
Inspectors, special, w ork of................................................................................................................................
228
Inspectors, territorial an d functional division of..................................................................................... 223-225
Inspectors, w ork of........................................................................................................................................... 225-235
Inspectors, w ork of, other th a n insp ectio n s..................................................................................................
227
L ead poisoning, inspectors’ reports as to ................................................................................................... 229-232
301
302
I1NTDEX.
A ustria, factory inspection an d labor law ad m in istra tio n —Concluded.
Page.
Local authorities in ad m inistration of labor law s...................................................................... 14,217,218,220
M ercury poisoning, inspectors’ reports as to .................................................................................................
232
M achines and shop eq u ip m en t, stan d a rd requirem ents as t o .............................................................. 242,243
N ightw ork............................................................................................................................................ 215,219,220,234
N oxious gases, inspectors’ reports as to ...................................................................................................... 232,233
O ccupational diseases...................................................................................................................................... 228-234
Penalties, fines, e tc ., u n d er in d u stria l code..................................................................................................
218
Pow er p lan ts, stan d ard requirem ents as t o .............................................................................................. 241,242
Pow er transm ission, stan d a rd requirem ents as to ......................................................................................
242
Prosecutions, violations, etc., u n d er labor co d e ..........................................................................................
227
R est periods or pau ses........................................................................................................................................
212
School in stru ctio n of c h ild ren ....................................................................................................................... 212,215
S tairs, stan d ard requirem ents as t o ................................................................................................................
238
S tandards, lack of.......................................................... ......................................................................................
22
Standards of inspection follow-ed........................................ ........................................................................ 237-246
Steam boilers, stan d ard requirem ents as to ............................................................................................... 240-241
Sundays an d holidays, w ork o n .................................................................... .................................................
220
Toilets, san itary conveniences, e tc ............................................................................................... 216,217,237,245
T rachom a, inspectors’ reports as to .................................................................................................................
234
W ash and b a th rooms, stan d ard requirem ents as t o .................................................................................
245
W orkrooms, stan d ard requirem ents as t o .................................................................................................. 237,238
A u th o rity of inspectors:
A u stria ................................................................................................................................................................. 219,220
B elgium ...................................................................................................................................................................
252
F ran ce......................................................................................................................................................................
184
G erm any............................................................................................................................................... 106,112,139-141
G reat B rita in ................................................................................................................................................... 60-62,78
Sw itzerland............................................................................................................................................. .......... 279,282
A uthorization, special, of certain industries:
A u stria ....................................................................................................................................................................
217
G erm any..................................................................................................................................................................
135
B.
Baden:
Factory inspection organization................................................................................................................... 142-144
Salaries, com pensation, etc., of inspectors.............................................................................. ................... 143,144
W ork of inspection.............................. ....................................................................................... .................. 157,160
Bavaria:
F actory inspection organization................................................................................................ ..................146,147
W ork of inspection............................................................................................................................ ...............157-160
Belgium , factory inspection and labor-law ad m in istratio n ........................................................... ............... 247-269
Accidents, prevention of......................................................................................................................... 249-252,261
A ccidents, reporting of.................................................................................................................................... 256,257
Age lim it of children and young perso n s................................................................................ ................. 247-249
A u th o rity of in sp ecto rs......................................................................................................................................
252
B udget, labor d e p a rtm e n t.................................................................................................................................
253
E levators an d hoisting a p p aratu s, stan d ard requirem ents as t o ......................................................... 262,263
E x em p tio n s an d exceptions from requirem ents of la w ......................................................... ................ 249,253
Fines, penalties, and proceedings u n d e r th e labor code....................................................... ................ 252,253
F ire, stan d a rd requirem ents as to p rotection a g ain st........................................................... ....................
263
Gases, d u st, e tc ................................................................................................................................ ................ 260-265
H ealth an d safety of workers, requirem ents as to .................................................................. . 249,250,259-261
H ours of w ork of protected persons............................................................................................................. 247-249
Inspection d ep artm en t, organization of..................................................................................................... 253-256
Inspection, m ethods of.................................................................................................................................... 259-269
Inspectorial service,, central ad m in istratio n .............................................................................................. 253,254
Inspectorial service, provincial d is tric ts .................................................................................................... 254,255
Inspectors, female, w ork of................................................................................................................................
258
Inspectors, m edical, w ork of......................................................................................................................... 254.258
Inspectors’ reports, forms u sed ..................................................................................................................... 265-267
Inspectors, salaries o f ..........................................................................................................................................
255
Inspectors, selection, a p p o in tm en t, an d p ro m o tio n ................................................................................. 18,256
Inspectors, w ork o f........................................................................................................................................... 256-258
L abor code, scope o f......................................................................................................................................... 247-253
Labor laws, scope an d character of a d m in istratio n o f............................................................................ 251,252
Labor office......................................................................................................................................................... 250,251
L ighting, stan d ard requirem ent as to .............................................................................................................
264
Machines, stan d ard requirem ents as to p rotection ag ain st................................................................... 261,262
N ig h tw o rk ......................................................................................................................................................... 248,249
Penalties, fines, and proceedings un d er th e labor code.......................................................................... 252,253
Protected persons, hours of work o f............................................................................................................ 247-249
Stairw ays, etc., stan d ard requirem ents as t o ...............................................................................................
263
S ta n d a rd s, lack of.............................. '.................................................................................................................
22
Standards of inspection followed.................................................................................................................. 259-265
Sundays and holidays, w ork o n ................................................................................................................... 248,252
Superior council of la b o r ...................................................................................................................................
251
Toilets, sanitary conveniences, e tc .............................................................................................................. 252,260
T ransportation of m aterial, standard requirem ents as to .........................................................................
263
W orkrooms, standard requirem ents as to ........................................................................................ ____ 259-265
B udget, labor office and inspection service:
A u stria .....................................................................................................................................................................
221
B ad en .......................................................................................................................................................................
142
253
B elg iu m .............................................................................................................................................. ....................
F ran c e ................................................................................................................................................. ....................
190
G erm an y .............................................................................................................................................................. 141,142
G reat B rita in .........................................................................................................................................................
80
S w itzerland...................................................................................................................................... ......................
280
INDEX.
303
c.
Page.
Certificates of fitness, for children and young persons, Great B rita in ...........................................................
69
Certifying surgeons, G reat B ritain:
A ccidents, duties in cases o f..............................................................................................................................
72
A ppointm ent and statu s of................................................................................................................................ 57,58
E xam inations b y , in d e ta il................................................................................................................................ 70-72
Notices to ............................................................................................................................................................. I i0 f 101
Provisions applying t o ........................................................................................................................................ 68-72
W ork of....................................................................................................................................................................
93
Certifying surgeons. ( See also Physicians; Medical inspectors.)
Child la b o r, illegal em ploym ent of, A u stria.......................................................................................................... 234
Child workers, early agitation for protection of, G erm an y ........................................................................... 103,104
C hildren and young persons, age lim it of:
A u stria .................................................................................................................................................. 212,213,215,216
B elgium ............................................................................................................................................................... 247-249
P ran c e ................................................................................................................................................... 174,176,179,182
G erm an y ............................................................................................................................... 104,106,109,116,132,133
G reat B rita in .............................................................................................................................................. 26,28,29,34
S w itz e rla n d ........................................................................................................................................................ 270,274
Conseil S uperieur d u T ravail, F ran c e .................................................................................. ..................................
185
C otton spinning, rules for prevention of accidents in, agreed upon betw een em ployers, employees, and
inspectors, G reat B rita in .................................................................................................................................... 292-295
Cotton w eaving, rules for prevention of accidents in, agreed upon betw een employers, employees, and
inspectors, G reat B rita in .................................................................................................................................... 295-297
D.
Dangerous trad es, special regulations for:
A u stria ................................................................................................................................................................ 217,228
B elgium ............................................................................................................................................................... 250,254
P ran ce........ :........................................................................................................................................................ 181,183
G erm an y ....................................................................................................................................... 116,123,124,134,135
G reat B rita in ......................................................................................................................................................... 34,35
Sw itzerlan d ......................................................................................................................................................... 273-275
Diseases, occupational. (See O ccupational diseases and industrial poisoning.)
D oors in w orkshops, requirem ents as to:
A u stria ................ ....................................................................................................................................................
238
F ran c e ......................................................................................................................................................................
210
Sw itzerland...........................v...............................................................................................................................
290
D rinking w ater in factories, requirem ents as to:
G erm any ................................................................................................................................................................
172
Sw itzerland.............................................................................................................................................................
291
D ust, gases, etc.:
A u stria .................................................................................................................................................. 216,232,233,244
B elg iu m ............................................................................................................................................................... 260-265
F ran c e ................................................................................................................................................... 183,191-193,209
G erm an y ............................................................................................................................... 133,152,159,161,170-172
G reat B rita in ........................................................................................................................................................
92
S w itzerlan d .......................................................................................................................................... 275,284,285,291
E.
E lectrical inspectors, w ork of, Great B ritain - . ................................... ...............................................................
92
E levators,.hoisting apparatus, and shafts, requirem ents as to:
A u stria ................ ................................................................................................................................................ 243,244
B elgium ............................................................................................................................................................... 262,263
F ran ce.................................................................................................................................................................. 209,210
S w itzerland......................................................................................................................................................... 290,291
E m ployers and employees, inspectors’ relations w ith , Great B rita in ....................................................... 101,102
Enforcem ent, difficulties of, of first inspectors, Great B rita in ........................................................................ 38-42
Enforcem ent, m ethods of, u p to 1833, Great B rita in ......................................................................................... 36,37
E xem ptions and exceptions from requirem ents of law:
A u stria..........................................................................................................................................................215,216,220
B elgium ............................................................................................................................................................... 249,253
France................................................................................................................................................... 179,182,196,202
G erm any............................................... ..................................................................................... 109,127,135,136,143
Great B rita in ......................................................................................................................................... 34,35,60,65,73
Sw itzerland.................................................................................................................................................. 274,284,287
E x its, emergency, requirem ents as to:
A u stria .....................................................................................................................................................................
238
S w itzerland............................................................................................................................................................. 290
Expense accounts of inspectors, Great B ritain ....................................................................................................96,97
F.
Factories and workshops, definition and application of law to:
214
A u stria....................................................................................................... .............................................................
B elgium .......................................................................................................................................■....................... 248,249
F ran ce......................................................................................................................................................................
183
G erm any............................................................................................................................................................. 130-132
G reat B rita in .......................................................................................................... ..............................................32-34
S w itzerland......................................................................................................................................................... 273,274
Fines, penalties, and proceedings under labor law:
A u stria................................................................................................................................................................. 218-227
B elgium .............................................................................................................................................................. 252,253
France......................................................................................................................................................................
186
G erm an y .................................................................................................................................................................
136
G reat B rita in .................................................................................................................................................... 94,98,99
Sw itzerland............................................................................................................................................................
276
304
INDEX.
F ire escapes, requirem ents as to ; A u stria .......................................................................................................... 238-240
F ire, requirem ents as to protection against, B elgium .......................................................................................
263
Fire, requirem ents as to protection against, Sw itzerland.................................................................................
291
France, factory inspection and labor law ad m in istra tio n ............................................................... .............174-211
Accidents, investigation of.................................................................................................................................
206
Accidents, prevention of.....................................................................................................................................
191
A ccidents, reporting of.............................................................................................................. 196,197,199,205,206
Age lim it of children and young persons..................................................................................... 174,170,179,182
A uthority of inspectors.......................................................................................................................................
184
B udget, labor-inspection d ep artm en t. ...........................................................................................................
190
Classification and grading of inspectors..........................................................................................................
187
Conseil Superieur d u T rav ail.............................................................................................................................
185
E xem ptions and exceptions from requirem ents of law ........................................................... 179,182,196,202
F actory inspection and labor legislation, historical review ................................................................... 174-180
Gases, d u st, e tc .................................................................................................................................. . 183,191-193,209
H ours of w ork of protected persons.............................................................. :...................... 174,176,179,182,183
In d u strial conditions, provisions of labor code as t o ................................................................... ...........183,184
Inspection, establishm ents and workers therein subject to ................................................. ................. 194,195
Inspection force, organization of................................................................................................................... 186-193
Inspection, m ethods o f.................................................................................................................................... 203-207
Inspection, stan d ard s of, ad o p te d ................................................................................................................ 207-211
Inspections m ade, n u m b er of, etc., 1894 to 1911....................................................................................... 195-197
Inspectors, d u ties o f............................................................................................................................................
184
Inspectors, leaves of absence..............................................................................................................................
189
Inspectors, rew ards, etc., o f.......................................................................................................................
189
Inspectors, selection, ap p ointm ent, an d pro m o tio n................................................... _____ ____ 188,190-193
Inspectors, traveling expenses allowed to .................................................................................................. 187,188
Inspectors, w ork of, and of th e d ep artm en t of inspection..................................................................... 193-203
Inspectors, w ork of; scientific and educational.........................................................................................197,198
L abor code, ad m inistration of....................................................................................................................... 184-186
L abor code, scope o f......................................................................................................................................... 180-186
M achinery, p rotection a g ain st...........................................................................................................................
211
N ig h tw o rk .................................................................................................................................. 179,196,201,204,205
Penalties, un d er labor code................................................................................................... ..........................
186
Pensions and discipline of inspectors......................................................................................................... 189,190
Prom otions of inspectors................................................................................................................................. 188,189
■R est periods or pauses.................................................................................................................. ...................176,179
School instruction of ch ild ren ................................................................................................................ 176,179,182
Standards in use b y inspectors......................................................................... ..................... ..................... 207-211
S tandards, lack of..................................................................................................................................................
22
Sundays and h o lid ay s............................................................................................................................. 179-182,184
Toilets, sanitary conveniences, e tc ........................................................................................ 179,182,183,191,208
W orkrooms, stan d ard requirem ents as to .................................................................................................. 208-211
Free trades and licensed trades, A u stria................................................................................................................
214
G«
Gases, dust, etc. ( See D ust, gases, etc.)
Germany, factory inspection and labor law ad m in istratio n ................................................1...................... 103-173
Accidents, investigation o f...................................................................................................... 158,161,163,166,167
Accidents, prevention of....................................................................... 14,108, 111, 113,115,118-124,131,133,161
Accidents, reporting of..................................................................................................................... 157-159,161,163
A dm inistrative law of 1878............................................................................................................................. 112,113
A dm inistration of in dustrial code................................................................................................................ 131,132
Age lim it of children and young persons..................................................................... 104,106,109,116,132,133
Application of industrial code to various kinds of establishm ents.........................................................
132
A uthority of inspectors.......................................................................................................... ......... 106,112,139-141
B aden, factory inspection organization...................................................................................................... 142-144
Baden, salaries, compensation, etc., of inspectors i n .............................................................................. 143,144
B aden, w ork of inspection i n ......................................................................................................................... 160,161
B avaria, factory inspection organization.................................................................................................... 146,147
B avaria, w ork of inspection i n ...................................................................................................................... 157-160
Child w orkers, agitation for protection of, before 1839............................................................................ 103,104
Exceptions and exem ptions from requirem ents of la w ............................................... ... 109,127,135,136,143
Factory inspection, 1878 to 1891......................................................................................... .......................... 113,114
F actory inspection and labor legislation, extension of, 1871 to 1891................................................ 114-115
Factory inspection d ep artm en t, reorganization of, 1891............................................ ...............................
116
Factory inspection, obligatory, introduction of, in 1878........................................................................ I l l , 112
Factory inspection system arid labor legislation, early agitation for extension o f ............................
108
Gases, du st, e tc ................................................................................................................... 133,152,159,161,170-172
Hesse, factory inspection organization............................................................................................................
147
Hesse, w ork of inspection in .......................................................................................................................... 161,162
Hours of w ork of protected persons............................................................................... 104,106,109,116,132,133
In d u strial code................................................................................................................................................... 129-136
In d u strial code of 1869........................................................................................................ ............................ 109-111
In d u strial code of 1891, scope of.......................................................................................................................
116
In d u strial conditions, provisions of in d u strial code concerning.......................................................... 133-134
Industries specially regulated and specially a u th o rized.......................................... ............................ 134,135
Inspection and inspectors from 1891 to 1913.............................................................................................. 116,117
Inspection and supervision, m ethods of..................................................................................................... 164-173
Inspection, a ttitu d e of working class to w ard ............................................................................................ 126-129
Inspection, history of developm ent of.............................................................................................................
103
Inspection, organization for........................................................................................................................... 136-153
Inspection, w ork of........................................................................................................................................... 154-164
Inspectors, assistant, appointm ent of, from w orking c la s s .................................... .............................. 125,126
Inspectors, first appointees.................................................................................................................................
107
Inspectors, n u m b er of, in various G erman S tates................................................................................... 147,148
Inspectors, probationary period of............................................................................................................... 150,151
Inspectors, salaries of........................................................................................................................................ 141,142
Inspectors, selection, appointm ent, and p ro m otion.......................................................................... 13,148-153
INDEX.
305
G erm any, factory inspection and labor law a d m in istratio n —Concluded.
Page.
Inspectors, w ork and m ethods of.................................................................................................................. 154-173
Law of 1839, scope of........................................................................................................................................ 104-106
Law of May 16, 1853, scope of............................................................................................................................
106
Local au th o rities in ad m in istratio n of labor la w s ............................................................... 14, 105,117,131,136
M achinery, p rotection a g ain st....................................................................................................... 133,134,169,170
Mealtimes, provisions for, under in dustrial code.........................................................................................
104
N ight w o rk ............................... '.................................................................................................................. 104,109,116
P enalties an d fines u nder industrial code......................................................................................................
136
Physicians in th e in dustrial inspection service................. .................................................................. 122-124
Police authorities and inspectors, relation betw een ................................................................................ 117,118
Prussia, early conditions in, and in other G erm an S ta te s.........................................................................
108
Prussia, factory inspection organization..................................................................................................... 137-142
Prussia, industrial inspectors in, increase in au th o rity o f..................................................................... 139-141
Prussia, salaries, compensation, etc., of inspectors in ............................................................................. 141,142
Prussia, w ork of inspection in ....................................................................................................................... 155-157
R est periods or pauses............................................................................................................... 104,106,109,116,133
Saxony, factory inspection organization.....................................................................................................144-146
Saxony, salaries, com pensation, etc., of inspectors i n ......................... ................................................... 145,146
Saxony, w ork of inspection in ....................................................................................................................... 163,164
School instru ctio n of children................................................................................................................. 104,106,133
Standards in use b y inspectors............................................................................................................... 113,169-173
Standards, lack of..................................................................................................................................................
22
Sundays an d holidays, w ork o n ..................................................................................... 104,116,127,131-133,161
Toilets, san itary conveniences, e tc ...... ......................................................................................... 133,159,169,172
Trade associations an d inspectors, relation betw een............................................................................... 118-121
W omen an d children, provisions of ind u strial code for protection c l................................................ 132-134
W omen inspectors............................................................................................................................................. 121,122
W urttem berg, factory inspection organization..............................................................................................
147
G reat B ritain , factory inspection an d labor law a d m in istratio n .................................................................. 25-102
A ccidents, investigation of...................................................................................................................... 60,68,72,99
A ccidents, prevention of................................................................................................... 23,34,44,82,102,292-300
Accidents, reporting o f....................................................................................................................... 64,68,72,91,99
A dm inistrative control, historical developm ent of......................................................................................36-58
A dm inistrative provisions of present facto"ri?s an d w orkshops a cts....................................................... 58-76
A dm inistrative responsibility, local authorities in relation t o ................................................................. 66-68
Age lim it of children an d young persons............................................................................................. 23,28,29,34
A u thority of inspectors.................................................................................................................................. 60-62,78
B u d g et.....................................................................................................................................................................
80
Certificates of fitness for children a n d young persons.................................................................................
69
Certifying surgeons............................................................................................................................................... 57,58
Certifying surgeons, noticcs to ....................................................................................................................... 100,101
C ertifying surgeons, provisions applying to ...................................................................................................68-72
Certifying surgeons, w ork of........................................... ......................................................... :......................
93
Chief factory inspector ? duties of.......................................................................................................................94,95
Dangerous trad es an d in d u stries.......................................................................................................................34,35
D angerous trades, w ork of inspectors for........................................................................................................
92
D istrict inspectors, correspondence an d records c l ...................................................................................... 97,98
D istrict inspectors, d u ties of...................................................... ...................................................................... 95,96
Electrical inspectors, w ork of............................................................................................................................
92
E m ployers an d employees, inspectors’ relations w ith ............................................................................ 101,102
E nforcem ent, difficulties of, an d m ethods of first inspectors....................................................................38-42
Enforcem ent, m eth o d s of, u p to 1833 ............................................................................................................... 36,37
E xem ptions an d exceptions from requirem ents of la w ............................................................. 34,35,60,65, 73
Expense accounts of inspectors......................................................................................................................... 96,97
Factory a c t of 1844................................................................................................................................................ 44-46
Factory acts, historical review of th e successive..........................................................................................25-32
Factory a n d w orkshop acts, present scope of................................................................................................32-35
F actory d ep artm en t, w ork of............................................................................................................................ 88-94
Factory in q u iry commissions, various................................................................................................ 27,28,30-32
Factory inspection, first provisions of, 1833...................................................................................................
37
F actory inspection form of organization.......................................................................................................
76
Factory inspection, m ethods of......................................................................................................................94-102
Form s filled ou t b y inspectors..........................................................................................................................
96
Gases, d u st, e tc ......................................................................................................................................................
92
Home secretary, powers, etc., of, un d er th e factory a c ts ........................................................................... 58-60
H ours of work "of p rotected persons...................................................................................................... 2 o, 28,29,34
In d u strial conditions, regulations as t o ..........................................................................................................
34
Inspectors, a ssistant, ap p o in tm en t of.............................................................................................................. 47-51
Inspectors, classification of.................................................................................................................................76-79
Inspectors, com pensation, privileges, etc., of.................................................... .......................................... 80,81
Inspectors, early, changes in personnel.......................................................................................................... 46, 47
Inspectors, first appointees..................................................................................................................... 37,38,42-44
Inspectors, form of organization of...................................................................................................................
76
Inspectors, pow er, etc., of...................................................................................................................................60-62
Inspectors, selection, ap p o in tm en t, an d p ro m o tio n .............................................................................. 18,84-88
Inspectors, w om en's d e p a rtm e n t.......................................................................................................... 51-5 4, 77,78
Legal proceedings^ etc., u n d er th e factory a c ts ............................................................................................. 72-76
Local au th o rities m relation to ad m in istratio n of factory a c ts ............................................... 54-57,66-68,90
M achinery, protection ag ain st........................................................................................................................... 44,45
M ealtimes.......................................................................................................................................... 2o, 2 8,29,45,62,65
M edical an d o th er special inspectors............................................................................................................... 78, 79
Medical inspectors, w ork o f............................................................................................................................. .. 92,93
N ight w o rk ............................................................................................................................................................. 26,29
N otices, registers, a n d re tu rn s, d u ties of occupiers as to ............................................................................62-66
Occupiers, d u ties, etc., o f................................................................................................................................... 62-66
Personnel, qualifications, etc., of inspectors..................................................................................................81-84
Prosecutions, convictions, and penalties........................................................................................................
94
Prosecutions, proceedings in case o f ..................................................................................................... ......... 98,99
32447°—Bull. 142—14------20
306
INDEX.
G reat B rita in , factory inspection .and labor law a d m in istra tio n —Concluded.
Page.
Registers, notices, and retu rn s, duties of occupiers
t o ............................................................. ............. 62-66
School in stru ctio n of c h ild re n .......................................................................................................................28,29,62
Standards, lack o f.................................................................................................................................................
22
S undays an d holidays, work o n ............................................................................................................. 49,59,62, C5
Superintending inspectors, d u ties of................................................................................................................
95
Supervising in sp ecto rs....................................................................................................................................... 76,77
T ex tile particulars, inspectors for.......................................................................................... ......................... 79,91
Toilets, sanitary conveniences, e tc ....................................................................... .......................... 56,59,66,67,88
W om en and assistant inspectors, qualifications of........................................................... ..........................
84
W omen inspectors, work of.............................................................................. .................................................
91
H.
Hesse:
147
F actory inspection organizat io n ........................................................................................... ...... .....................
W ork of in sp ecto rs............................................................................................................................................ 161,162
H olidays and Sundays, work on:
A u stria .....................................................................................................................................................................
220
B elg iu m .......... ....................................................................................................................................... ............. 248,252
F ran ce........................................................................................................................................................... 179-182,184
G erm an y ............................................................................................................................... 104,116,127,131-133,161
G reat B rita in ....................................................................................................................................... .
49,59,62,65
S w itzerland................................................................................................................................................. 274,282-286
H om e secretary, poweres, etc., of, in a d m in istratio n of labor laws, G reat B rita in ................................. 58-60
H ours of work of protected persons:
A u stria ............................................................................ ..................................................................... 212,213,215,216
B elg iu m ........................................................................................................................................................... . 247-249
F ran c e ............................................................................................................................................ 174,176,179,182,183
G erm an y .................................................................................................................... ........... 104,106,109,116,132,133
G reat B rita in .............................................................................................................................................. 26,28,29,34
Sw itzerland................... ...................................................................................................................... ..........
270,274
I.
In d u s tria l code:
A d m inistration of, F r a n c e ...................................................................................................... ...................... 184-186
A d m inistration of, G e rm a n y ................................................................... .................................................... 131,132
A pplication of, to various k in d s of establishm ents, G erm an y .................................................................
132
Code of 1869, G erm any...................................................................‘................................................................ 109-111
Code of 1890-91, G erm an y .................................................................... ................................. ....... .................129-136
Provisions of, for protection of women and children, A u stria ............................................................ 215,216
Provisions of, for protection of w omen an d children, G e rm a n y ..................... .................... ............... 132-134
In d u stria l code, exceptions and exem ptions. ( See Exem ptions and exceptions from requirem ents of
law .)
In d u stria l code, penalties and fines. ( See Pines, penalties, and proceedings under labor law .)
In d u stria l code, scope of:
A u stria ............................................................................................................................................................... . 214,215
B elg iu m ............................................................................................................ ................................................. 247-253
F ran c e ...................................................................................................................................................................180-186
G erm an y ........................................................................................................................................ ............. 116,129,130
G reat B rita in ........................................................................................................................................ ....... ......... 32-35
S w itzerlan d ........................................................................................................................................................ 273-277
In d u s tria l conditions, provisions of code as to:
A u stria ................................................................................................................................................................. 216,217
B elg iu m ........ ................................................................................................... ........................................... 252,259-265
F ran ce.................................................................................................................................................................. 183,184
G erm an y .............................................................................................................................................................. 133,134
34
G reat B rita in .................................................................................................................................... ....................
S w itz e rla n d ......................................................................................................................................................... 275,276
In d u stries or trades classed as dangerous, specially regulated:
A u stria ................................................................... .......................................................................................... 217,228
B e lg iu m ........................................................................................................................................ .................. . 250,254
F ran c e ........................ ......................................................................................................................................... 181,183
G erm any....................................................................................................................................... 116,123,124,134,135
G reat B rita in ................................................................................................................................... ....................34,35
S w itzerland........................................................................................................... ............................................. 273-275
Inspection books, form of, A u stria....................................................................................................................... 236,237
Inspection of factories and workshops, and adm inistration of labor laws, different countries:
A dm inistrative authorities, relation of inspectors to o th e r.......................................................................
14
A u s t r i a ........... .................................................................................................................................................. 212-246
B elgium ............................................................................................................................................................... 247-269
Comparison of, difficulty of........................................................................... ......................... ..........................
12
F actory inspection, a profession.......................................................................................................................
17
F ran ce.....................................................................................................................•-....... .................................. 174-211
G erm an y ............................................................................................................................................................. 103-173
G reat B rita in ....................................................................................................................................................... 25-102
Inspection, m ethods o f........................................................................................................................... ...........23,24
Inspectors’ functions, specialization of........................................................................................................... 13,14
Inspectors, high qualifications of, in E uropean countries.......................................................... ...............19,20
Inspectors, highly qualified, result of appointm ent of................................................... ............................ 20 ,2 1
Inspectors, insufficient num ber of..................................................................................... .............................16,17
Inspectors, prom otion, tenure, and pension o f............................................................................................2 1 ,2 2
Inspectors, selection and nom ination of......................................................................................................... 17,18
Inspectors, technical experience and train in g o f.......................................................................................... 18,19
Medical factory inspection..................................................................................................................................
15
O rganization, forms of.........................................................................................................................................
12
Standards, lack of, for guidance of inspectors.................................................................... ..........................22,23
S w itzerland.......................................................................................................................................... ............... 270-291
W omen inspectors................................................................................................................................................. 15,16
W orkingm en inspectors............................................................................................................................... .......
16
INDEX.
307
Inspectors, industrial:
.Page.
A dm inistration, central office, B elgium .......................................................................................... ........... 253,254
A dm inistration, un d er central in d u strial inspector, A u stria .............._...............................................218-220
A dm inistration, under State control, G erm any........................................... .......................... ................. 136 , 137
A p p o in tm en t of assistant from w orking class, G e rm a n /...................................................................... 125,126
A ppointm ent of first, G erm any.........................................................................................................................
107
A ppointm ent of first, G reat B rita in ...................................................................................................... 37,38,42-44
A ppointm ent of first, Sw itzerland................................................................................................................ 272, 273
Cantonal factory, Sw itzerland............................................................................................... ........................ 281,282
Central in d u strial, A u s tria ........................................................................................... .....................................
221
Chief factory, d u ties of. G reat B rita in ........................................................................................................... 94 ,95
Classification an d grading of, A ustria..............................................................................................................
222
Classification an d grading of, F ran c e ..............................................................................................................
187
Classification an d grading of, G reat B rita in ............................ ..................................................................... 76-79
Dangerous trad es, w ork of inspectors for, G reat B rita in ............ ..............................................................
92
D istrict, correspondence and records of, G reat B rita in ................................ ............................................. 97,98
D istrict, d u ties of, G reat B rita in ..................................................................................................................... 95,96
D uties, pow ers, e tc ., of, France................................................................. ......................................................
184
D uties, pow ers, e tc ., of, G reat B rita in ........ ................................................................................................... 60-62
E lectrical, w ork of, G reat B rita in ............................................ ............................... .......................................
92
E m ployers an d employees, relations of inspectors to, G reat B rita in .................................................. 101,102
E stab lish m en ts a n d workers u n d e r jurisd ictio n of, F rance................................................................... 194,195
E xpense accounts of, G reat B rita in .................................................................................................................96,97
E xpenses, traveling, allowed to, F ran ce..................................................................................................... 187,188
Form s used b y , A u stria ....................................................... ........................................................................... 236,237
Form s used b y , B elgium ................................................................................................................................ 265-267
Form s used b y , France.................................................................................................................................... 205-207
Form s used by , G reat B ritain ............................................................................................................................
96
Form s used b y , Sw itzerland........................................................................................................................... 286-290
Functions of, specialization of............................................................................................................................ 13,14
Insufficient n u m b er of....... ..........................................................................................................................16,17,201
Jurisdiction of, exceptions as to , S w itzerlan d ...........................................................................................276,277
Leaves of absence of, F ran c e .............................................................................................................................
189
Medical an d other special, G reat B rita in .......................................................................................................78,79
Medical, w ork of, B elgium .............................................................................................................................. 254,258
Medical, w ork of, G erm an y .................................................................................................................... 124,145,159
Medical, w ork of, G reat B rita in ........................................................................................................................ 92,93
M ethods of.............................................................................................................................................................. 23,24
M ethods of, A u stria ................................................................................................................................... 23,235-246
M ethods of, B elgium ................................................................................................................................... 23,259-269
M ethods of, F ran c e ........................................................................................................... .......................... 23,203-207
M ethods of, G erm an y ................................................................................................................................. 23,154-173
M ethods of, S w itzerlan d............................... .................................................................................................. 286-291
N u m b er of, in various G erm an S ta te s ....................................................................................................
1 4 7 ,14S
O ccupation of, previous, G reat B rita in .......................................................................... ................................
82
Official instructions for guidance of, S w itzerlan d .................................................................................... 278,279
O rganization of, A u stria.................................................................................................................................. 220-225
Organization of, B elg iu m ........................................................................... ......... ......................................... 253-256
O rganization of, F ra n c e ..................................................................................................................................186-193
Organization of, G erm an y ..............................................................................................................................136-153
76
Organization of, G reat B rita in .......... , .............................................................................................................
O rganization of, Sw itzerland......................................................................................................................... 277-282
Pensions of, B elg iu m ...........................................................................................................................................
255
Pensions of, F ran c e ....................................................................................................................•..................... 189,190
Pensions of, P ru ssia ........................................................................................................................................... ..
142
Personnel, early; changes in , G reat B rita in ....................................................................................................46,47
Personnel, qualifications, etc., of, G reat B rita in .......................................................................................... 81-84
Police authorities,_inspectors' relation to , G erm an y ............................................................................... 117,118
P robationary period of, G erm an y ...............................................................................................................150,151
Prom otion, ten u re, a n d pension o f .......................................... ....................................................................... 21,22
Provincial d istricts of, B elgium .................................................................................................................... 254,255
Qualifications of, high g rad e.............................................................................................................................. 19-21
Salaries of, A u stria ........................................................................................................................................... 222, 223
Salaries, com pensation, etc., of, B ad en ........................................................................................................ 143,144
Salaries, com pensation, privileges, etc., of, G reat B rita in ......................................................... ...............80,81
Salaries, rew ards, etc., of, F ran c e ................................................................................................................. 187,189
Selection, a p p o in tm en t, etc., of, A ustria........................................................................................ 18,220,222-225
Selection, ap p o in tm en t, etc., of, B elgium ..................................................................................................... 18,256
Selection, a p p o in tm en t, et&., of, F ran c e ............................................................................................. 188,190-193
Selection, a p p o in tm e n t, etc., of, G e rm a n y .......................................................................................... 18,148-153
Selection, ap p o in tm en t, etc., of, G reat B rita in ....................................................................................... 18,84-88
Selection, a p p o in tm en t, etc., of, S w itzerland............................................................................................ 280,281
S tan d ard s in use b y , A u stria ........................................................................................................................ 237-246
Stan d ard s in use b y , B elgium ...................................................................................................................... 259-265
Standards in use b y , F ra n c e ......................................................................................................................... 207-211
S tan d ard s in use b y , G erm an y ............................................................................................................. 113,169-173
Stan d ard s in use b y , Sw itzerland................................................................................................................ 290,291
Standards, lack of, G reat B ritain an d o th er co u n tries........................................................................... _. 22,23
Superintending, duties of, G reat B r ita in ......................................................................................................
95
Supervising inspectors, G reat B rita in ............................................................................................................ 76,77
Technical experience an d training of.............................................................................................................. 18,19
Territorial an d functional division of, A u s tria ......................................................................................... 223-225
Textile particulars for, G reat B r ita in ....................................................................................................... .
79,91
Trade associations, relations to, G erm an y ................................................................................................. 118-121
V isits made b y , n u m b er, etc., of, A u stria ....................................................................................................
226
Visits m ade b y , n u m b e r of, etc., F ran ce..................................................................................... ............... 195-197
W o m e n ................................................................................................................................................................... 15,16
W omen, A u s tria ..................................................................................................... — .............................. 15,222,224
W omen, B elg iu m ......................................................................................................................... - ........... 15,254,258
308
INDEX.
Inspectors, in d u stria l—Concluded.
Page.
W om en, F r a n c e ........................................................................................................................................... 15,190,193
W om en, G e rm a n y ...................................................................................................................................... 15,121,122
W om en, G reat B ritain ............................................................................................................. 15,51-54,77,78,84,91
W ork of, A u stria ................................................................................................................................................ 225-235
W ork of, B elgium .............................................................................................................................................. 256-258
W ork of, F ran c e ...............................- ............................................................................................................... 193-203
W ork of, G erm any............................................................................................................................................ 154-164
W ork of, G reat B rita in ........................................................................................................................................ 42-44
W ork of, S w itzerland....................................................................................................................................... 282-286
W orking class, a ttitu d e of, tow ard, G erm any........................................................................................... 126-129
W orkingm en a s ......................................................................................................................................................
16
L.
Lead poisoning. ( See O ccupational diseases an d in d u strial poisoning.)
Licensed trades an d free trades, A u stria................................................................................................................
214
L ight in w orkroom s, requirem ents as to, S w itzerlan d ......................................................................................
290Lighting, stan d a rd requirem ents as to, B elgium .................................................................................................
264
Local authorities, in ad m in istratio n of labor law:
A u stria .................................................................................................................................................... 14,217,218,220
G erm an y ......................................................................................................................................... 14,105,117,131,136
G reat B rita in ................................................................................................................................... 14,54-57,66-68,90
Sw itzerland........................................................................................................................................................... 14,281
L un ch rooms in factories, requirem ents as to, Sw itzerland..............................................................................
291
M.
M achinery, protection against:
A u stria ................................................................................................................................................................. 242,243
B elgium ............................................................................................................................................................... 261,262
Fran ce......................................................................................................................................................................
211
G erm an y .............................................................................................................................................. 133,134,169,170
G reat B rita in ......................................................................................................................................................... 44,45
S w itzerland.............................................................................................................................................................
291
M ealtim es for workers, G erm an y .............................................................................................................................
104
M ealtim es, provisions of labor law for, G reat B rita in ................................................................. 26, £8,29,45,62,65
M edical factory in sp ectio n .........................................................................................................................................
15
M edical inspectors. ( See Inspectors, in d u stria l.)
M ercury poisoning. (See O ccupational diseases and in d u strial poisoning.)
N.
N ig h t work:
A u stria .'............................................................................................................................................... 215,219,220,234
B elg iu m .............................................................................................................................................................. 248,249
F ran c e ................................................................................................ ........................................... 179,196,201,204,205
G e rm a n y ..................................................................................................................................................... 104,109,116
G reat B r ita in ......................................................................................................................................................... 26,29
S w itzerlan d ......................................................................................................................................... 271,274,284,285
N otices,registers, an d re tu rn s, d u tie s of occupiers as to, G reat B rita in ............................................... ....... 62-66
N oxious gases, in sp ecto rs’ reports as to, A u s tria ................................................................ ............................ 232,233
O.
O ccupational diseases an d in d u stria l poisoning:
A lkali, G erm an y ......................................... ' .................................................................................................... 123,134
A lkali, G reat B rita in ..................................................................................................................................... .
30,31
A n th ra x , A u s tria .............................................................................................................................................
234
A n th ra x , G reat B rita in .............................................................................................................................. 64,68,100
A rsenic, A u s tria ...............................................................................................................................................
232
A rsenic, G reat B rita in .................................................................................................................................. 65,68,100
A ustria; p ro te c tiv e m easures a g a in st......................................................................................................... 228-234
B ad en , in v estig atio n s in cases o f............................................................................................................... 159,160
B elgium , m o n th ly m edical exam inations in certain in d u s trie s ........................................................ .
250
Carbonic d isu lp h id e , S w itzerlan d ...............................................................................................................
274
Carbon m onoxide, A u s tria ........................................................................................................................ .......
232
Chlorine gas, A u stria .......................................................................................................................................
232
Chloride of s u lp h u r, S w itzerlan d ............................................................................................................... .
274
Diseases of sk in a n d m ucous m em brane, A u s tria ................................................................................. .
233
Eczem a, polishers’, chrom e, n ickel, a n d paraffin, A u stria ................................................................... 233,2.34
F ran ce, obligatory m edical exam inations in c ertain in d u s trie s ...............................................................
183
G erm any, periodical m edical exam ina cions in certa in in d u strie s...........................................................
123
G reat B rita in , investigations in cases of................................................................................................... 03,91,92
H ydrofluoric acid gas, A u s tr ia .........................................................................................................................
233
L ead, A u stria ............................................................................................................................................. 229-232,245
L ead, B elg iu m ........................................................................................................................................... 250,254,258
L ead, F ra n c e ..................................................................................................................................................... 181,183
L ead, G e rm a n y .....................................................................................................................................................
123
L ead, G reat B rita in ...................................................................................................................................... 65,68,100
M ercury, A u s tria .............................................................................................................................................. 232,245
M ercury, F ra n c e ...................................................................................................................................................
183
M ercury, G erm an y ...............................................................................................................................................
123
M ercury, G reat B rita in ....................................................................................................................................... 65,68
M ercury, S w itzerland..........................................................................................................................................
274
M uriatic acid, A u stria ....................................................................................................... ..................................
232
Phosphorus, A u stria ............................................................................................................................................
245
P hosphorus, B elgium ............................................................................................................................... 250,254,258
Phosphorus, G erm an y .........................................................................................................................................
123
P hosphorus, G reat B rita in ................................................................................................................................. 65,68
Phosphorus, S w itzerlan d ................................................................................................................................ 273,274
Polishers’ eczema, A u stria ..................................................................................................................................
233
INDEX.
309
O ccupational diseases and in d u stria l poisoning—Cyncluded.
Page.
R ag sorting, A u stria ...........................................................................................................................................
245
R ag sorting, B elgium ....................................................................................................................................... 254, 258
Sulphurous acid, A u stria ....................................................................................................................................
232
Sulphurous acid, Sw itzerland........ ...................................................................................................................
274
Sw itzerland, pro tectiv e measures a g ain st.................................................................................................. 273,274
Trachom a, A u stria ................................................................................................................................................
234 •
Occupiers, duties, etc., of, G reat B rita in ............................................................................................................... 62-66
I*.
Penalties, fines, and proceedings under labor law. (See Fines, penalties, etc.)
Phosphorus poisoning. (See O ccupational diseases and in d u strial poisoning.)
Physicians, exam inations b y , in dangerous trades, B elgium ..........................................................................
250
Physicians in in d u strial inspection service, G erm any................................................................................... 122-124
Physicians. (See also Inspectors, in d u stria l.)
Poisoning, in d u strial. ( See O ccupational diseases an d in d u strial poisoning.)
Privies. ( See Toilets, san itary conveniences,-etc.)
Prosecutions, etc. ( See Fines, penalties, and proceedings u n d er labor law .)
Protected persons, hours of w ork, etc., of. (See H ours of w o rk of protected persons.)
Prussia:
108
E arly in d u strial conditions in, an d in other German S tates....................................................................
Factory inspection organization................................................................................................................... 137-142
In d u strial inspectors, increase in a u th o rity of.......................................................................................... 139-141
Inspection, w ork of........................................................................................................................................... 155-157
Salaries, com pensation, etc., of inspectors................................................................................................. 141,142
Purpose and plan of p resent re p o rt.........................................................................................................................
11
11.
Registers, notices, and returns, duties of occupiers as to, Great B rita in ...................................................... 62-66
R est periods or pauses:
A u s t r ia ..................................................................................................................................................................
212
F rance................................................................................................................................................................... 176,179
G erm any....................................................................................................................................... 104,106,109,116,133
Sw itzerland......................................................................................................................................................... 272,274
Salaries of inspectors:
A u s t r i a ..................................................................................................................................................... 222,223
B ad en ................................................................................................................................................................... 143,144
B elgium ...................................................................................................................................................................
255
F ran ce......................................................................................................................................................................
187
G erm any.............................................................................................................................................................. 141,142
Great B rita in ......................................................................................................................................................... 80,81
P ru ssia.....................................................................................................................................................................
141
S axony.....................................................................................................................................................................
145
S w itzerland.............................................................................................................................................................
280
Saxony:
F actory inspection organization.................................................................................................................. 144-146
Inspection, w ork of............................. ........................ .................................................................................... 163,164
Salaries, com pensation, etc., of inspectors in ............................................................................................. 145,146
School in stru ctio n of children:
A u s t r i a . . ................................................................................................................................................. 212,215
F ran c e ........................................................................................................................................................... 176,179,182
G erm an y ...................................................................................................................................................... 104,106,133
G reat B rita in .................................................................................................................................................... 28,29,62
Selection, ap p o in tm en t, an d prom otion of inspectors:
Au s tria .................................................................................................................................................... 18,220,222-225
B elgium ................................................................................................................................................................. 18,256
F r a n c e ... ................................................................................................ ................................................... 188,190-193
G erm any ....................................................................................................................................................... 18,148-153
Great- B rita in ................................................................................................................................................... 18, 84-88
Sw itzerland........1............................................................................................................................................... 280,281
Stairs in workshops, requirem ents as to:
A u stria ........................................................... ........................................................................................................
238
B elgium ...................................................................................................................................................................
263
France............................................... ......................................................................................................................
210
Sw itzerland.............................................................................................................................................................
290
Standards in use b y inspectors:
A ustria................................................................................................................................................................. 237-246
Belgium ............................................................................................................................................................... 259-265
France................................................................................................................................................................... 207-211
G erm any................................................................................................................................... .................. 113,169-173
Great B rita in ..........................................................................................................................................................
22
Sw itzerland......................................................................................................................................................... 290,291
Steam boilers, requirem ents as to, A ustria........................................................................................................ 240,241
Steam boilers in factories, requirem ents as to, Sw itzerland.................. ..........................................................
291
Sundays and holidays, w ork on. (See H olidays an d Sundays, w ork cn.)
Superior Council of Labor, B elgium ........................................................................................................................
251
Surgeons. (See Inspectors, in d u strial.)
Sw itzerland, factory inspection an d labor-law ad m in istratio n ..................................................................... 270-291
Accidents, prevention of.....................................................................................................................................
275
Accidents, reporting of..................................................................................... , ............................. 276,284,285,287
Age lim it of children an d young p e rs o n s ................................................................................................... 270,274
290
Air space an d height of workrooms, requirem ents as t o ............. .............................................................
A uthority of inspectors.................................................................................................................................... 279,282
Doors in w orkshops........................................................................................................................... ..................
290
D rinking w ater in factories.................................................................................................................................
291
310
INDEX.
S w itzerland, factory inspection an d labor-law a d m in istra tio n —C oncluded.
Page.
Elevators and shafts in w orkshops............................................................................................................... 200,291
Exem ptions and exceptions from requirem ents of L i ................................................................... 274,284,287
E x its in w orkshops................................................................................................................................................ 290
Factory, definition of, an d general provisions........................................................................................... 273,274
Factory law, federal, scope of......................................................................................................................... 273-277
F actory law , proposed revision o f.....................................................................................................................
277
F actory legislation, beginnings a n d e x te n t o f............................................................................................ 270-273
Federal factory act, ad m inistration o f.............................................................................................................
276
Fire, requirem ents as to protection a g ain st....................................................................................................
291
Gases, dust, e tc ................................................................................................................................... 275,2S4,285,291
H ealth an d safety of workers, provisions fo r............................................................................................. 275, 276
H eating of workrooms, requirem ents as to .....................................................................................................
290
H ours of w ork of protected persons.............................................................................................................. 270,274
Indu strial conditions, regulations as t o ....................................................................................................... 275,276
Inspection, cantonal factory............................................................................................................................ 281,282
Inspection force, organization of.................................................................................................................... 277-282
Inspection, forms u sed ..................................................................................................................................... 286-290
Inspection, m ethods o f....................................................................................... ............................................. 286-291
Inspection, standards of, followed............................................................. •.................................................. 290,291
Inspectors, exceptions as to jurisdiction of................................................................................................. 276,277
Inspectors, federal, w ork of............................................................................................................................. 282-286
Inspectors, official instructions for guidance of......................................................................................... 278,279
Inspectors, salaries o f ...........................................................................................................................................
280
Inspectors, selection, appointm ent, an d prom otion................................................................................ 280,281
L ight in workrooms, requirem ents as to ........; ..............................................................................................
290
L unch rooms in factories.....................................................................................................................................
291
M achinery, protection ag ain st...........................................................................................................................
291
N ig h t w o rk ........................................................................................................................................... 271,274,285,285
Penalties, fines, etc., un d er federal factory a c t..............................................................................................
276
Phosphorus m atch in d u stry , provisions as to ...................................- ..........................................................
276
R est periods or pauses................................................................................................................................ .
272,274
Stairs in w orkshops..............................................................................................................................................
290
Standards in use b y inspectors...................................................................................................................... 290-291
Steam b oilers in factories....................................................................................................................................
291
S undays an d holidays, w ork o n ............................................................................................................ 274,282-286
Toilets, san itary conveniences, e tc ............................................................................................................... 288,291
V entilation of w orkroom s...................................................................................................................................
290
W indow s in workrooms, requirem ents as t o .................................................................................................
290
W om en and children, protection of.............................................................................................................. 274,275
W orkrooms, stan d ard requirem ents as to ......................................................................................................
290
T.
Toilets, sa'nitarv convenience, etc.:
A u stria— I .......................................................................................................................................... 216,217,237,245
B elgium .................................................................................... ........................................................................... 252,260
F ran ce............................................................................................................................................ 179,182,183,191,208
G erm an y ....................................................................................................... ....................................... 133,159,169,172
G reat B rita in ......................................................................................................................................... 56,59,66, 67,88
Sw itzerland......................................................................................................................................................... 288,291
234
Trachom a, inspectors* reports as to, A u stria ........................................................................................................
Trades or industries classed as dangerous, specially regulated. (See D angerous tra d e s.)
T ransportation of m aterial, stan d a rd req u irem en ts as to, B elgium ..............................................................
263
V.
V apors. (See D ust, gases, etc.)
V entilation of w orkroom s, requirem ents as to, Sw itzerland..................................................... ......................
Violations, penalties, and proceedings u n d er labor law. (See Fines, penalties, eto.)
290
W.
W ash an d b a th rooms, stan d ard requirem ents as to, A u stria.........................................................................
245
W ater-closets. {See Toilets, sanitary conveniences, e tc .)
W indow s in workroom s, requirem ents as to, Sw itzerland...............................................................................
290
W om en and young persons, hours of work, etc., of. (See H ours of w ork of p rotected persons.)
W om en inspectors:
A u stria...................................................... ..................................................................................................... 15,222,224
B elgium .......................................................................................................................................................... 15,254,258
F ran ce............................................................................................................................................................ 15,190,193
G erm any........................................................................................................................................................ 15,121,122
G reat B rita in ........................................................................................................................... . 15,51-54,77,78,84,91
W oolen and w orsted mills, rules for prevention of accidents in, agreed i:pon betw een employers, em
ployees, an d inspectors, G reat B rita in ............................................................................................................ 297-300
W orkroom s, stan d ard requirem ents as to:
A u stria.................................................................................................................................................................. 237,238
B elgium ............................................................................................................................................................... 259-265
F ran ce.................................................................................................................................................................. 208-211
S w itzerland............................................................................................................................................................
290
W urttem berg, factory inspection organization.............................................................. ......................................
147
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