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U33-IH*
UNITED STATES DEPARTMENT OF LABOR
BULLETIN OF THE WOMEN’S BUREAU, No. 114
STATE REPORTING OF
OCCUPATIONAL DISEASE
INCLUDING A SURVEY OF LEGISLATION
APPLYING TO WOMEN
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UNITED STATES DEPARTMENT OF LABOR
FRANCES PERKINS, SECRETARY
WOMEN’S BUREAU
MARY ANDERSON, Director
BULLETIN
OF
THE
WOMEN’S
BUREAU,
No.
114
STATE REPORTING OF
OCCUPATIONAL DISEASE
INCLUDING A SURVEY OF LEGISLATION
APPLYING TO WOMEN
BY
MARGARET THOMPSON METTERT
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934
For sale by the Superintendent of Documents. Washington, D.C.
Price 10 cents
t
4
CONTENTS
*
*
Letter of transmittal_______________________
Part I.—Introduction_________________________ ------
The problem_____________________________ !__!!!_.!
Scope of study_____________________________
Sources of information_____________________ ’___
Summary_____________________________
Legal provisions__________________________
Compensation____________________ ~~ '
Reporting by physicians!!!
Regulation applying to women________________I_____
Regulation affecting both men and women_______ ____
Special rules; specific hazards_________________ ”
Regulation in other countries________
_ _
Analysis of statistics_______________________
Statistics available__________________ _'
”
Number of persons affected" II11II. I
_""!!_"
Proportion of women in total. _ ___ _!!~_
Age________ ______ ____________________
_ ~
~
Type of disease_____________________
_ __
_
Industry___________________
Extent of disability_________________
_ " "
Cost of compensation_____________
Recommendations as to reporting__________________
Standardization of occupational disease statistics-_
_
______
Standard report forms_____________________
Importance of occupational diseases to women_ __
_
Special susceptibility of women_______________
Special susceptibility of young persons___ _
Exposure of women in hazardous occupations______
Part III.—Protective legislation__________
__ ~
United States_____________________ 11-111111"- !"""
Workmen’s compensation of occupational disease.__
Schedule plan_______________________
General plan___________________ "
Comparison of general and schedule laws . .
.!!!"!!!
Procedure required to obtain compensation ~ ""
Time limits____________________________
Compensation in practice_________ """ "
Conclusions_____________________
Reporting of occupational disease by physicians .
_
_
_
Laws requiring reports by physicians generally!!.! ! _!_!_!_
Administration of laws requiring reports____
.
Periodic examinations in certain industries . ___!!!
Industrial hygiene divisions of State health departments"!
r> Industna! hygiene divisions of State labor departments____
Prohibitory and regulatory legislation applying to occupations
exposing workers to occupational disease hazards
Laws and regulations prohibiting women from certain em
ployments with occupational disease hazard _
.
Blanket prohibition______________________
Prohibition of specific occupations by statute "or"regula_ tion_________________ -___________
Legislation and rules regulating "the work of "women" in
certain occupations with occupational disease hazard____
Statutory legislation regulating the conditions of employ!
ment of all workers in certain occupations with occupa
tional disease hazard________________
62214—34
III
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XV
CONTENTS
Part III.—Protective legislation—Continued.
United States—Continued.
Prohibitory and regulatory legislation applying to occupations
exposing workers to occupational disease hazards—Continued.
Special rules issued by State labor authorities on certain
occupations with occupational disease hazard----------------Prohibition of substances having occupational disease
hazards-------------- ---------------------------------------------------------Other countries------------------------- -------.-------------------------------------------Workmen’s compensation legislation---------------------------------------International
National______________________________
Prohibition and regulation of unhealthy work ------------------------International labor conference------------------------------------------National legislation--------------------------------------------Part IV.—Analysis of occupational disease statistics------------------- --------Sources and scope of data-------------------------------------------------------------Comparability of data------------------------------------------------------------------Completeness of data--------------------------------------------------------------------Connecticut_____________________________________________
Ohio
New York
Illinois----------------------------------------------------------------------------------Massachusetts-------------- --------------------------------- ------------------Occupational disease in relation to all inj uries--------- . - - ---------------Severity of occupational disease in comparison to all injuries----------Occupational disease by sex in five States--------------------------- --------Number of cases by sex--------------- ----------------------------- ------Age distribution---------------------------------------------------------------------Type of disease----------------------------------------------------------------------Dermatitis
Lead poisoning----------------------------------------------------------------Benzol poisoning-------- ---------------- ---------------------Special study of benzol poisoning among women m New
York State-----------------------------------------------------------------Synovitis and bursitis------------------------------------------------------Lung diseases------------------------------------------- ----------------------Other types of occupational disease reported---------------------Distribution of cases by industry------------------------------- -------------Extent of disability and time lost---- ---------------------------------------Cost of compensating occupational disease------------------------------Conclusions-----------------------------------------------------------------------------------
Page
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X
CHARTS
1. Published State reports of occupational diseases, 1920 to 1931, where
cases are required to be reported, and provided such reports were
published at some time from 1927 to 1931------- -------- --------------------2. Extent of information on occupational diseases occurring to women,
1920 to 1931, for States where occupational diseases are compensated
or required to be reported-------------------------------------------------------------
45
47
TEXT TABLES
1 Number and proportion of cases of occupational disease among all
injuries tabulated, in States where occupational disease is compen
sated and statistics are obtainable from department connected with
enforcement-------------------------------------- - - - --------- - r —r -------- r;
2. Percent fatalities form of all injuries and of occupational disease, by
3. Number of occupational disease cases in most recent year reported,
5 States that tabulate data by sex----------------- ------------------------------4 Sex and age of occupational disease cases reported, by State --------
5. Cases of dermatitis among men and women in the most recent period
reported, by State------------------------------------- ------------ -.--~v'"ToaT
6. Industry and occupation of dermatitis cases of women in Uhio, 1951,
by hazard
53
55
56
57
59
59
*
CONTENTS
7. Industry and occupation of women having tenosynovitis and nrena^
tellar bursitis, Ohio, 1931 _ ____
8. Distribution of women’s occupational disease cases by industry, Ohio,
1931____________________________
0. Distribution of men’s and women’s occupational disease cases bv in
dustry, Illinois, 1928-30_________________________________
_
10. Distribution of women’s occupational disease cases by industry
Connecticut, 1930-31
_
_
11. Distribution of women’s occupational disease cases by industry "Mas
sachusetts, years ended November 30, 1929 to 1931
APPENDIXES
I.Provisions of compensation laws in which specific occupational diseases
or hazards are covered, by State________________________
II. Provisions of compensation laws in which occupational disease" "in
general is covered, by State____________________
__
III. Provisions of laws requiring that physicians" report "occupational
diseases, by State______________________________ _______
IV. Provisions of laws requiring periodic examination of workers in'specific
industries, by State___________________________
V. Provisions of laws prohibiting or regulating the employmenYof"women
m occupations with disease hazards, by State_______________
V
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68
71
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74
LETTER OF TRANSMITTAL
United States Department op Labor,
Women’s Bureau,
Washington, May 7, 1934I have the honor to submit for publication a bulletin on
the State reporting of occupational disease among women. In the
belief that the inadequate reporting of such disease is delaying its
recognition, its compensation, and—more important still—its pre
vention, the Women’s Bureau has undertaken to record and analyze
the extent of reporting by the various States and Territories. The
results are discouraging. Besides the Federal Government, only 12
States, 3 Territories, and the District of Columbia provide compensa
tion for occupational disease, and in 7 of these only certain diseases
are covered by the law. Only 11 States have published any data
since 1920. Only 6 States have data by sex, and 2 of these do not
publish them.
The ignorance of employers, employees, and the public where the
use of materials containing poisons is concerned, to mention one of the
most serious hazards, is responsible for the shocking conditions found
when special studies are made. Of the benzol workers in 6 New York
factories in 1926, for example, as many as 25 of the 79 women exposed
to benzol fumes showed positive indications of poisoning, and in 5
other cases the condition was suspected. Figures like these show how
tremendously important are the matters of education and control.
The various types of legislation have been assembled and classified,
and available statistics have been analyzed in this report, which is the
work of Margaret Thompson Mettert of the division of research.
Respectfully submitted.
Mary Anderson, Director.
Hon. Frances Perkins,
Secretary oj Labor.
Madam:
VI
STATE REPORTING OF OCCUPATIONAL DISEASE
Including a Survey of Legislation Applying to Women
Part I.—INTRODUCTION
THE PROBLEM
In examining the data published by the various States on the subject
of industrial injuries to women, the Women’s Bureau has considered
occupational diseases, certain of which are covered by the workmen’s
compensation acts of some States.
The entire range of circumstances surrounding occupational diseases
places them in such a different category from that of other industrial
injuries that the manner of reporting these two types of cases—acci
dents and diseases—is likely to differ considerably. Industrial injuries
caused by machinery, implements, falls, and the like are reported to
the accident compensation agencies, and data concerning them ordi
narily appear in the reports of the compensation or labor authorities
of the State. In States where occupational diseases are compensated,
they usually are reported in connection with the accident reports to
workmen’s compensation divisions, and in some cases to other depart
ments also. In the majority of States occupational diseases are not
compensated, but in a number of these cases the laws require that they
be reported to the health or factory inspection authorities.
It is important that a general statement should be made here to
acquaint the layman with the fact that the recognizing, reporting, and
compensating of occupational diseases constitute a field that it is only
slight exaggeration to call practically untouched. Until periodic phys
ical examinations are a requirement in all industrial employment there
can be no way of telling how many persons are affected by harmful
conditions that could be and should be corrected. For industrial
States to report 20 or 30 women as the number having occupational
diseases among the thousands who work with poisonous materials
probably means that a few women developed such severe skin erup
tions that they could not remain at work and a few were taken ex
tremely, ill in a way that by no stretch of the imagination could be
mistaken for an ordinary ailment.
While the various accident reports frequently do not contain figures
m such form that they can be compared from State to State,1 data on
occupational disease are even more fragmentary. This may arise
partly from the less definite character of disease and the fact that the
more serious effects of certain poisons often are not obvious until after
the lapse of considerable time. However, there are certain substances
now quite definitely known to be deleterious in their effects, and others
are being recognized as such as industrial research progresses.
lB»FarnaX^iPl?n90rTtnrff,=te • Ft0”™’3 ,Bu™au Bul
.Industrial Accidents to Men and Women, 1920 to
1927, and Bui. 102, Industrial Injuries to Women m 1928 and 1929 Compared with Injuries to Men.
X
2
STATE REPORTING OF OCCUPATIONAL DISEASE
One of the first matters of importance in an effort to protect workers
in this connection is the development of careful methods of reporting.
Since it will be of interest to States not having evolved such methods
to know what practices along this line have been initiated in other
States, and since many of the problems connected with occupational
diseases differ from those met with in the case of other types of indus
trial injury, this subject has been given consideration separate from
that accorded accident data by the Women’s Bureau.
That the time is fully ripe for this is indicated in the rate at which
occupational hazards have increased. Few people realize the extent
of this increase since the World War. A careful analysis of industrial
processes in this country, made in 1922 by Dr. Louis I. Dublin, of the
Metropolitan Life Insurance Co., resisted in a list of about 700 haz
ardous occupations with abnormalities of working conditions. In
the third edition of this study, thoroughly revised, the number of
poisonous substances considered has been increased from 52 to 94
and the number of hazardous occupations listed has been increased
from about 700 to approximately 900. The authors explain that
recent years—
have been noteworthy for the large number of scientific investigations undertaken
to determine the causes of ill health among workmen and the effects of exposure
to specific industrial hazards. Complete reports have been published not only
on the effects of such poisons as radioactive paint, methyl bromide, and other
refrigerants, and tetraethyl lead, which have become of importance only recently,
but our knowledge of well-known health hazards has also been enriched. lo
mention only a few, benzol, spray painting, and exposure to asbestos dust and to
dusts containing free silica have been thoroughly studied and reported upon.
Another authority, reporting as recently as 1932, states that “some
200,000 organic chemicals alone have yet to be investigated from a
medical Dewpoint.”3
Since the war, industries have been developed m holds that were
unknown in the United States before 1917; for example, the manu
facture of dyes. Manufacturing processes have been perfected and
the finished products have brought wealth to manufacturers. But
protection of the workers has lagged behind technical progress.
The seriousness of the situation was brought home by Dr. Dernc
Parmenter, consultant for the Associated Industries of Massachusetts,
before the annual meeting of the Consumers’ League of Massachu
setts in February 1928, at which time he showed that the working
population has a higher illness rate than has the general population.
Physicians are finding that many diseases are caused by what people
work on and what they work with. In summarizing the difficulties
of the problem, Dr. Parmenter said:
_
To some extent, you can isolate and watch bacteria, but to find, out how
industrial poisons get into the body and what they do when they get there
is more difficult. Granted that a method of protection against industrial
poison is evolved, such as a local exhaust or safeguard, you cannot always
make sure that an employer will install it or that workmen will use it.
Again, the medical profession at large must become informed ot the new
situations in industry, so that doctors can deal with cases among their
patients
For everv hospital case there are at least 20 more cases as yet
undeveloped, and these the general practitioner must learn to recognize.
» U.S. Bureau of Labor Statistics. Occupation Hazards and Diagnostic Signs by Lout3 I. Dublin, Bui.
306, 1922, pp. 4-10; revised by Louis I. Dublin and Robert J. Vane, Bui. 582, 1933, pp. v, 4 12.
•Ohio'Health News, Oct. 1, 1932, p. 4.
i Consumers’ League of Massachusetts. Bui. 36, April 1928, p. 3.
INTRODUCTION
3
Statisticians of the Metropolitan Life Insurance Co. found that
the death rates of their industrial policyholders far exceeded those of
the more sheltered “ordinary” insured. The mortality rates for the
industrial group ran from 1% times to more than 2 times the rates
for policyholders in the ordinary department, age for age considered.
That this difference in death rates is primarily the result of industrial
exposure is emphasized by the fact that death rates for women are
lower than for men at all ages except the years 15 to 24, when “the
industrialization of women is at its height.” Harmful dusts,
excessive fatigue, bad posture, crowded workrooms, dampness,
extreme changes of temperature, and specific occupational poisons
are among the causes of the higher death rates of working men and
women.6
An increase in industrial disease hazards as a result of the depres
sion is seen by industrial hygiene experts. Dr. Alice Hamilton,
assistant professor of industrial medicine at Harvard Medical School,
says in an article published in the New York Herald Tribune of
January 29, 1933, that medical research departments in industry are
among the first to be curtailed when expenses must be cut. Em
ployees and employers take chances that they would not take in
normal times.
The industrial hygiene division of the Ohio Department of Health
has found the problem intensified by depressed business conditions.
In the Ohio Health News of October 1, 1932, this statement is made:
One might consider that the industrial depression has greatly modified
these relations [occupation and disease], but if the number of reports of
occupational diseases received from the physicians of the State are any
criterion, such is not the case. The reasons for this are of course only
surmise: ■ Those who are working are doing so more intensely, sometimes
with much overtime; the state of nutrition is decreasing; domestic over
crowding is increasing, etc.
At this time, therefore, a survey of cases of occupational disease
and legislation in effect to prevent such disease is peculiarly necessary.
SCOPE OF STUDY
This study presents a summary of the data available on the impor
tance of the occupational disease problem to women, together with a
discussion of legislative aids in the prevention of such disease with
special emphasis on their application to women. It also presents an
analysis of the figures available from reports made to State authorities
of the occurrence of occupational disease.
The principal legislative methods for the prevention of occupational
disease are of four classes. These are (1) compensation, (2) compul
sory reporting with a follow-up investigation and regulation, (3) pro
hibition of the employment of susceptible groups in hazardous trades
or of the use of harmful substances in industry, and (4) regulation of
conditions of work in hazardous industries.
While the first is without doubt the most complete and effective
method in use in this country, it already has been covered so thor
oughly that only a brief discussion of the laws is necessary here. Leg
islation concerning workmen’s compensation for diseases of industry
has been summarized by the United States Bureau of Labor Statistics,
« U.S. Bureau of Labor Statistics.
1930, pp. 7. 8.
Causes of Death by Occupation, by Louis I. Dublin.
Bui. 507,
4
STATE REPORTING OF OCCUPATIONAL DISEASE
the most recent complete discussion being published in the MonthlyLabor Review of September 1929. It has been discussed further and
brought up to date in studies by Dr. Rosamond Goldberg, of Columbia
University,6 and the industrial hygiene section of the American Public
Health Association.7
_
Appendixes I and II of the present report give an analysis of those
sections of the compensation laws that are of particular importance in
a study of occupational disease.
In part III, following a summary of the laws providing compensa
tion for occupational diseases, legislation requiring that physicians
report such diseases to State agencies is taken up, together with the
administration of these requirements. A description of special divi
sions in the State governments for the purpose of investigating occu
pational diseases is included. This is followed by a discussion of the
laws excluding women from industries or processes exposing them to
disease hazards, and of preventive regulations applying to all workers
in such industries and processes. For purposes of comparison, a brief
summary of similar legislation protecting women and all workers in
other countries is included.
Part IV is an analysis of the reports of disease received by the work
men’s compensation bureaus and the health and labor departments of
the various States and of the available statistics on the incidence of
industrial disease among men and women. The findings as to report
ing in States whose laws require reports are summarized in two charts.
The first of these lists the States that have published any occupational
disease data in the period 1920 to 1931, provided that one or more
reports have been published within the last 5 years of that period.
The second chart, on data concerning women, published or unpub
lished, lists by State the types of information available and the periods
for which they are available.
SOURCES OF INFORMATION
The material consulted in the preparation of this study includes the
State workmen’s compensation laws as they were in force on the last
day of December 1931. Material compiled by the United States
Public Health Service was the source consulted to ascertain the States
where physicians are required by law to report occupational diseases
to State authorities. The enforcement, the administration, and the
follow-up work undertaken in connection with reporting have been
examined through State reports and correspondence with State
officials. Women’s Bureau studies and research by the National
Safety Council have been used as the basis of the discussion on
laws protecting women and all workers engaged in certain hazardous
processes. State reports of workmen’s compensation bureaus and com
_
Periodic
missions and of labor and health departments, together with certain
special studies, are the sources of information on statistics of occu
pational disease. In addition, the States of Connecticut, Illinois, New
Jersey, New York, and Ohio gave the Bureau access to certain unpub
lished data.
e Goldberg, Rosamond W. Occupational Diseases in Relation to Compensation and Health Insurance.
1931
■
r American Public Health Association, Industrial Hygiene Section. Occupational Disease Legislation;
Report of the committee on standard practices in the compensation of occupational diseases. 1931.
INTRODUCTION
5
SUMMARY
LEGAL PROVISIONS
The following types of legal provisions relating to occupational
disease are reviewed in this study: Inclusion of compensation for such
disease in the workmen’s compensation provisions; legislation requir
ing its reporting to State health and labor authorities by physicians;
prohibitory and regulatory provisions applying specifically to women;
laws affecting both sexes and applying to specific occupations or sub
stances; special rules issued by State labor authorities and applying
to specific disease hazards.
Compensation
Of the 44 States and 4 Territories that have workmen’s compensation
laws, only 12 States and 3 Territories,8 together with the District
of Columbia, provide compensation either for certain industrial
diseases or in general for all such diseases. In addition, Federal
legislation provides for occupational disease compensation under the
Longshoremen’s and Harbor Workers’ Compensation Act and under
the United States Civil Employees’ Compensation Act. The pro
visions of these laws are summarized in appendixes I and II. It is
important to emphasize how few and how limited are workmen’s com
pensation provisions for occupational disease, because adequate com
pensation lawrs have given the greatest impetus to preventive work.
Reporting by physicians
Twenty States 9 require reporting to State health or labor depart
ments by physicians in general practice, six of these limiting the
reporting to certain diseases. Six States 10 require periodic examina
tions of workers in specified dangerous industries and processes, and
the reporting of the results to departments of health and divisions of
factory inspection. The provisions of these laws are summarized in
appendixes III and IV.
Regulation applying to women
Seven States have general provisions prohibiting the employment of
women in any occupation detrimental to health, but none'of these
laws have ever been applied to the prevention of occupational disease.
Two States prohibit the employment of women where certain lead
compounds are used. Seventeen States and one Territory prohibit
the employment of women in mines, 5 in quarries, 2 in smelters, 1 in
blast furnaces, and 1 in coke ovens. "Women are prohibited from work
on certain kinds of moving abrasives in 3 States, from welding in 1,
from certain work in core rooms in 1, from handling nitrators in the
manufacture of nitroglycerin in 1, and from work with explosives in
1 Territory. Four States have regulations intended to protect
wromen in core rooms without excluding them from such employment.
These provisions are summarized in appendix V.
8 California, Connecticut, Illinois, Kentucky, Massachusetts, Minnesota, Missouri, New Jersey, New
York, North Dakota, Ohio, Wisconsin, Hawaii, Puerto Rico, and the Philippines.
8Alabama, Arizona, Connecticut, Georgia, Illinois, Kansas, Maine, Maryland, Massachusetts, Michi
gan, Minnesota, Missouri, New Hampshire, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode
Island, and Wisconsin.
10 Connecticut, Illinois, Missouri, New Jersey, Ohio, and Pennsylvania.
6
STATE REPORTING OP OCCUPATIONAL DISEASE
Regulation affecting both men and women
Much more voluminous than this special legislation for women has
been the regulation of all workers in certain hazardous processes.
Legislation has been enacted to lessen lead, zinc, brass, and arsenic
poisoning hazards. Processes of work in foundries, processes exposing
workers to silicosis, compressed-air illness, and occupational diseases in
general, have been the subject of legislation in some States.
Special rules; specific hazards
Many States have developed a system of rule-making by adminis
trative "bodies. Illustrations of this form of regulation _ are given for
occupations exposing to lead poisoning, anthrax, silicosis, certain
chemical poisons, compressed-air illness, and other diseases. _
_
Control of substances as a method of prevention is limited in this
country to a prohibitive tax on phosphorus matches.
Regulation in other countries
Up to March 15, 1933, 22 countries had ratified the convention on
compensation for occupational disease as adopted by the International
Labor Conference. Thirteen continental European countries and
Great Britain and its dominions have extended compensation laws
to include occupational disease or have included such injuries in the
original compensation act. All but three of these countries list the
diseases that are compensable and one of the three lists the industries
in which injuries are compensable.
_
Eleven of the 16 workmen’s compensation acts enacted in South and
Central America and. 24 of the 28 Mexican States compensate occu
pational diseases, either by a schedule or by general coverage. _
The International Labor Conference in 1921 inserted a clause in the
convention on white lead prohibiting the employment of women in
industrial painting where paints containing white lead or sulphate of
lead are used. By July 1931, 19 State members had ratified the
convention.
.
_
The employment of women has been restricted in a number of
European countries in processes exposing the worker to lead, mercury,
phosphorus, or arsenic. In addition to these four important sources
of poison, regulations and restrictions exist on the employment of
women in the manufacture or use of certain other harmful substances.
Dusty occunations are prohibited to women in a number of countries.
Some countries have adopted the method of requiring certificates
of health before permitting the employment of women in certain
unhealthy industries.
ANALYSIS OF STATISTICS
Statistics available
The available statistics on occupational disease are fragmentary in
character. Only 11 States have published any such data since 1920.
Only 6 States have data by sex,11 and of these neither New Jersey nor
Connecticut has published this material.
Comparability of the data is limited by many factors: For example,
the data tabulated range from “cases occurring” to “closed com
pensable cases”; in some States the list of diseases reportable is very
limited, in others it includes all occupational diseases; the reporting
11 Connecticut, Illinois, Massachusetts, New Jersey, New York, and Ohio.
INTRODUCTION
7
of employer to compensation authority is more nearly complete than
that of physicians in general practice to State departments.
Number of persons affected
Because of the large degree of under-reporting, the numbers affected
by occupational disease in comparison with the total for all industrial
injuries cannot be determined. The incomplete figures available
from the latest reports of 8 States show occupational disease cases to
have comprised only from 0.4 to 2.7 percent of all the men and women
injured. However, data do not exist for a comparison of those
suffering from such diseases with the number exposed to the condi
tions creating them. There is evidence that injuries from occupa
tional disease are more serious than all injuries; the mortality rate
ordinarily is higher.
Proportion of women in total
In the most recent year reported in the five States from which data
by sex are available, from 6 to 32 percent of those reported as suffer
ing from occupational diseases were women—in Connecticut, Massa
chusetts, and Ohio over 16 percent.
Age
Connecticut, Illinois, New York, Ohio, and Massachusetts report
occupational disease by the ages of the persons affected, and these
data show a striking proportion of young women among the sufferers.
From one-eighth to nearly two-fifths of the women reported in any
year for which figures are available in these States were less than
21 years of age, some being under 16, while in only one case were as
many as one-tenth of the men reported so young as 20. This is due
in part to the larger proportion of young persons among employed
women than among employed men, but there also are indications
that youth predisposes to special susceptibility to certain ailments.
Type of disease
All the States reporting occupational diseases to women furnish
data on types of disease, but the classifications differ so greatly, and the
industries vary so, that the figures cannot be compared adequately
from State to State. In every State dermatitis is the most common
type of affection reported for women, forming, in the most recent
year reported, from three-fifths to almost seven-eighths of all cases in
the five States. While common with men also, it forms smaller
proportions of the cases reported for men. It occurs in a wide
variety of industries and as a result of many different hazards.
There is evidence that many cases of dermatitis are severe and entail
considerable loss of time.
A serious type of occupational disease is lead poisoning, reported as
having occurred in women in three States. In one of these—Ohio—
the numbeu* of women affected had almost trebled in the 5-year period
1925-30 as compared to 1920-25. One-half of the women in 1925-30
were sprayers, chiefly of enamel.
Reports of periodic examinations in industries with lead-poisoning
hazards have not been published by sex. The data are valuable,
however, since the numbers examined as well as the numbers poisoned
are available for the lead-hazardous establishments covered. In
Illinois in the two fiscal years ended June 30, 1929 and 1930, the
numbers ill, compared to the numbers exposed, in all lead hazardous
8
STATE REPORTING OF OCCUPATIONAL DISEASE
industries combined in which examinations were made gives a monthly
rate varying from 0.4 to 2.5 per 1,000 examined. The manufacture of
storage batteries showed the highest rate of illness.
Cases of benzol poisoning of women have been reported in only two
of these States since 1920. A special investigation made by the
New York State Department of Labor in 1926 found that a large
proportion of the women exposed to benzol had symptoms of chronic
poisoning. It is probable that the importance of this poisoning is not
sufficiently emphasized by reports to health and compensation
bureaus.
Cases_ of tenosynovitis and prepatellar bursitis are included in
Ohio’s list of compensable diseases and rank next to dermatitis in
number of cases reported for both men and women. Most of the
women’s cases of tenosynovitis were the result of excessive strain of
the wrists resulting from the mechanical operations in which they
were employed. Most women having prepatellar bursitis were
scrubwomen, the injury resulting from prolonged pressure in kneeling
Although these State reports include few cases of women suffering
from occupational lung diseases, vital statistics show that the death
rate from tuberculosis is higher for women than for men in the
10-to-24-year age group, and consequently women need special pro
tection from conditions predisposing to lung disease. A number of
studies are evidence that respiratory infections are definitely con
nected with occupations in which women are engaged. Such diseases
are undoubtedly more grossly under-reported than more specifically
occupational diseases.
Industry
Connecticut, Ohio, Illinois, and Massachusetts report by industry
at least the principal occupational diseases occurring to women. In
Ohio the largest number of women affected in any single industry
were in the manufacture of rubber products; in 1931 a considerable
proportion were engaged in domestic and personal service. In Illinois
in the earlier years the largest group was in metals and metal products,
but in 1930 retail trade and hotels and restaurants had the largest
numbers. In Connecticut in 1931, half the women with industry
reported were employed in the manufacture of ammunition. In
Massachusetts practically all the women for whom industry was
reported were in manufacturing, more in shoe factories than in any
other type.
Extent of disability
Extent of disability was reported by New York for 1930-31 and by
Illinois for 1929 and 1930. No cases were fatal to women in the data
from these States. Massachusetts reports fatal cases, only one of
these hav ng occurred to a woman in the 6 years reported by sex.
Cost of compensation
*
Data for men and women separately, from two States, give indica
tion of the cost of compensating- occupational disease. In New York
the cost for the year ending June 30, 1930, was 0.4 percent of that for
injuries of all types. The cost of women’s compensated cases for the
year ending June 30, 1931, was 1.2 percent of the total cost of occupa
tional disease compensation.
INTRODUCTION
9
In Illinois, where the list is very limited, the cost of compensation
for disease cases in 1930 was 0.6 percent of that for all injuries, and
women’s cases were 1.9 percent of the cost of all diseases.
In Wisconsin, a State in which the law covers all cases, the cost of
compensation and medical care for such cases over a 5-ycar period
was less than 2 percent of that for all compensable injuries. The
cost has not been separated by sex in Wisconsin.
RECOMMENDATIONS AS TO REPORTING
The data summarized in this report point to at least three obvious
needs in the field of occupational disease prevention. The first is
special consideration of methods to prevent the occurrence of such
disease among women because of its importance to this class of
workers, primary among these methods being the elimination of
harmful substances from manufacturing processes and, where this is
impracticable, the provision of adequate safeguards for the workers.
The second important need lies in the coverage of diseases resulting
from industry on the same basis as accidents in the workmen’s
compensation laws. And the third is the complete and standardized
reporting of cases of disease.
Standardization of occupational disease statistics
The need for standardization of all statistics on industrial injury by
sex, age, and extent of disability, as well as the industry and cause,
has been presented in Women’s Bureau bulletins 80 and 102 on indus
trial accidents to men and women. Until data in regard to the condi
tions bringing about accidents and disease in industry are standardized
there is no possibility of laying a scientific basis for accident and disease
prevention.
The committee on statistics of the International Association of
Industrial Accident Boards and Commissions worked out over a
period of 5 years—1915 to 1919—a standard method for presenting the
figures of industrial accidents. The committee did not take up the
question of the classification of occupational diseases, principally
because at that time the information on this subject was inadequate.
Only seven laws (those of California, Connecticut, Hawaii, Massa
chusetts, North Dakota, Wisconsin, and the Federal Government)
provided for compensation of occupational disease. A tentative code
drawn up by the Workmen’s Compensation Service Bureau (18 Park
Row, New York City), covering 67 specific poisons or diseases, was
included with the committee’s report.12 For the purpose of establish
ing a standard code it is especially important to have detailed informa
tion published. The committee suggested, therefore, that reports be
subdivided to show specifically each disease or poisoning. Correlation
of this information with industry and occupation is of primary impor
tance. The high probability that there is a direct connection between
age and sex and certain industrial illness makes it essential that this
information be available in all cases, for correlation with disease and
occupation. Adequate statistics to show where efforts of the legisla
ture or health department are necessary and to be sure that results
from these efforts are being produced are a primary need in the work
of decreasing the toll from diseases of industry. Without adequate
18 U.S. Bureau of Labor Statistics. Standardization of Industrial Accident Statistics. Bui. 276, 1920
appendix IV.
10
STATE REPORTING OF OCCUPATIONAL DISEASE
reporting and publication of such material any attempt at progress
in preventive work must be a blind application of trial and error.
Standard report for7ns.—The first step toward adequate reporting
is the adoption of convenient, complete, and standardized forms.
Six State health departments or industrial hygiene divisions (those of
Connecticut, Maine, New York, New Hampshire, Maryland, and
Ohio) and the Massachusetts Department of Labor and Industries
have adopted a standard form. This was drawn up by the American
Association for Labor Legislation and adopted by the Ohio Depart
ment of Health as early as 1913. It calls for all the information
essential in connection with occupational diseases, separated con
veniently into personal and industrial data and a medical report.
The back of each form carries a reprint of the law requiring reports,
together with specific instructions for filling out the certificate. In
the experience of the Ohio Department of Health the form is filled
out properly by physicians in that State in about 80 to 90 percent
of the cases, so the work of following up the reports is not burden
some. Several States provide special forms for reporting occupational
disease, some include occupational disease on the accident report,
and a number of States make no special provision for its reporting.
The disadvantage of the special form rests in the fact that resulting
statistics may not be comparable with the statistics of other States.
On the other hand, when the report is included on an accident certi
ficate, occupational disease is not sufficiently emphasized and report
ing is more likely to be neglected. When no report blank is furnished,
not only will reporting be neglected tltrough lack of emphasis on the
problem but information sent in is likely to be incomplete, not com
parable, and difficult to arrange in a statistical summary. A copy
of the standard report form used, with slight variation, in the seven
States cited is reproduced here. It appears to call for all information
necessary for an occupational disease report to pass the tests of use
fulness and comparability.
11
INTRODUCTION
CERTIFICATE OF INDUSTRIAL OR OCCUPATIONAL DISEASE13
[Write plainly with ink—this is a permanent record. Every item of information should be carefully sup
plied. The exact statement of OCCUPATION is very important. Physicians should state DIAG
NOSIS in plain terms. See instructions on back of certificate]
Name of patient__________________________________________
Address: Street and No. City or Village
Personal and Statistical
Particulars
Sex | Age Color
Medical Certificate
of
Disease
Country of birth
Diagnosis of present illness __
1
Chief symptoms and conditions.__
Single, married, widowed, or divorced
(a) Present trade, profession, or work.
Particular kind of work in such trade,
'etc __ _____________
Date of entering present occupation. _
Date first symiatoms appeared
Complicating diseases (such as alcohol
ism, syphilis, tuberculosis, etc.)____
Employer’s name..
_____ ________
Address ...
______
Business (kind of goods made or
work done)
What in your opinion caused this
affliction?__ _____
_ __ ..
(b) Previous occupations:
Entered
Name of occupations (year)
Left
(year)
Previous illnesses, if any, due to occu
pation
Disease or illness
Year
Duration (actual, estimated).. _
(Check which)
Additional facts ...
Date of diagnosis____
(Signed)----- ...
------- --- , 193 _
_ __
_
------------
,193
,
M.D.
(Address)
13 This form with slight variation is used in the States of Connecticut, Maine, Maryland, .Massachusetts
New Hampshire, New York, and Ohio. In each case (except Maryland and Massachusetts) the reverse
side of the report carriej the law of the State on the subject and instructions for reporting.
62214°—34---- 2
Part II.—IMPORTANCE OF OCCUPATIONAL DISEASES TO
WOMEN
Special susceptibility of women
Special consideration of the health problems of women in industry
is based on the fact that in the opinion of many experts women
have proved to be more susceptible than men to the action of indus
trial poisons. It is not necessary to summarize here the scientific
studies carried out on this subject, since they have been analyzed in
detail in other publications.1
Mortality statistics from Austria and Germany 2 are evidence that
the average death rate of working women is higher than that of men in
the ages of greatest industrialization of women, up to the age of 30
to 40 years in Austria and for the group 25 to 35 in Germany. Mor
bidity statistics also show an excessively high rate for working women.
The logical conclusion from this situation is that industry is responsible
for the undue mortality and sickness of women.
Data are abundant as to the lower resistance of women to the action
of certain industrial poisons. Women’s greater susceptibility to lead
poisoning is agreed on by experts of various countries. There is also
evidence to show that women suffer graver forms of lead poisoning
and are poisoned with less exposure than is required to poison men.
Dr. Hamilton’s treatise 3 summarizes this evidence. Probably the
only recent comparison is an analysis by the senior medical inspector
of the cases reported in the pottery industry in England in 1928.4 * Of
the 12 female cases reported in 1928, average duration of employment
was 20 years, while the 11 male cases had an average employment of
30 years.
War experience with benzene derivatives made it clear that women
tend to be more susceptible than men.6 In 1926, Dr. Adelaide Ross
Smith 6 conducted a survey for the bureau of women in industry of the
New York State Department of Labor of six factories in which women
were exposed to benzol. The results show increasing susceptibility
to benzol poisoning accompanying pregnancy.
The unassail able point on which special protection for women rests
is the fact of maternity. Over 64 percent of working women are 20
and less than 45 years of age,7 and about 83 percent of all cases of
childbirth are to women of 20 and under 40.8 Not only is the health
of future citizens endangered by exposure to industrial hazards, but the
combined action of occupational influences and the strain of preg
nancy constitute considerable danger for women. Pregnant women
* Hamilton, Alice. Industrial Poisons in the United States. New York, 1925, pp. 8-12; and Interna
tional Labor Office. Occupation and Health, No. 152, Women's Work. 1929.
2 International Labor Office. Occupation and Health, No. 152, Women’s Work. 1929. p. 4.
3 Hamilton, Alice. Industrial Poisons in the United States. New York, 1925, pp. 8-11, 75, 82.
* Great Britain. Annual Report of Chief Inspector of Factories and Workshops, 1928.
* Hamilton, Alice. Industrial Poisons in the United States. New York, 1925, pp. 13, 471, 498.
6 New York. Department of Labor. Chronic Benzol Poisoning Among Women Industrial Workers,
by Adelaide Ross Smith. Special Bui. No. 150, 1927.
i U.S. Bureau of the Census. Fifteenth Census, 1930: Occupation Statistics, United States Summary,
p. 42.
* Ibid.: Birth, Stillbirth, and Infant Mortality Statistics, 1929, p. 183.
12
IMPORTANCE OF OCCUPATIONAL DISEASES TO WOMEN
13
are more easily fatigued by the monotony of unskilled machine opera
tions, and fatigue lowers their resistance to intoxications.
In connection with the effect on children of poisoning of mothers,
lead has been proved to be a specific cause of stillbirths, abortions, and
sterility. Scientists have found that poisons are eliminated from the
body to some extent and that one path for the elimination of poisons,
including lead, arsenic, and mercury, is the lacteal secretion. This
should be remembered when women who are breast feeding are em
ployed on work which involves risk of such poisoning. It is on this
basis, the effect of lead on maternity, that the International Labor
Conference stated its recommendation concerning the protection of
women: “The General Conference recommends to the members of
the International Labor Organization that, in virtue of the danger
involved to the function of maternity * * * women * * *
be excluded from employment in the following processes * *
Not only lead but the following substances used industrially are
known to endanger pregnancy, Dr. Hamilton being authority for
certain evidence to this effect:
Mercury.-—In 1804 there was a fire in an Austrian quicksilver mine, and mer
cury vapor escaped into the air and spread over the countryside. Hermann says
that nearly all the townspeople showed effects of the mercury and even the
animals that pastured near the furnaces wrere affected. The cows became
salivated and cachetic, and aborted.
Hermann (Edmund) quoted Koelsch as saying that women working with
mercury have a certain tendency to abortion, premature birth, and stillbirth.
Carbon monoxide.—An industrial case is described by Lewin. A pregnant
woman was working on a printing press which was driven by a gas motor. The
gas escaped and the woman was seized with symptoms of CO poisoning, and
aborted. Lewin believes that an amount of carbon monoxide in the blood of
the mother which is too slight to produce symptoms of striking character may be
quite enough to kill the child in utero, and that such an accident is probably
fairly common in the industries where women are employed and where the air is
vitiated with this gas.
Tobacco.—The tobacco industry is notoriously unhealthful, but all industrial
hygienists agree that this is due partly to a selective action, for it is an industry
that attracts especially those physically under par and incapable of heavy work.
This does not, however, explain the high proportion of diseases to the pelvic
organs among tobacco workers. In those European countries where sickness
records are kept, this fact is shown with great clearness. For instance, Stephani
gives the following statistics for Austria:
Sickness
Factory
workers
in general
(percent)
Menstrual disturbances________________0. 59
Skin and pelvic organs . 67
Premature birth .14
Anemic, chlorosis, etc . 77
Childbirth----------------------------------------------------- 8. 46
Tobacco
workers
(percent)
1. 02
l. 53
.27
1. 92
13. 43
Benzene.—The number of cases in the literature illustrating this is not large,
but there are many statements from physicians, especially in France and Italy,
where benzene poisoning among women factory workers has been frequent, to the
effect that pregnant women are likely to suffer from abortion with hemorrhage
which may be fatal.
Other industrial poisons.—According to Lewin, carbon disulphide can kill the
child in utero if the mother breathes the fumes. Nitrobenzene is, he says, a
popular abortifacient among factory women in the Magdeburg region.
Turning from the specific industrial diseases, there is a class of
disease not primarily occupational but undoubtedly aggravated by
certain occupational circumstances.
The year 1932 was the most favorable one in the history of the
industrial department of the Metropolitan Life Insurance Co. In the
14
STATE REPORTING OF OCCUPATIONAL DISEASE
last two decades the decline in mortality among industrial policy
holders has been much greater than in the general population, but
industrial policyholders still have a much higher rate from tubercu
losis, heart diseases, and maternal mortality. The industrial policy
holder has a life expectation of 57.9 years as compared to 59.7 years
for the general population.9
There is also considerable evidence that women are more frequently
than men the victims of tuberculosis in industry. According to an
analysis of Ohio vital statistics, in 1929 the tuberculosis death rate for
females in mechanical and manufacturing industries was 118.1 as
compared to 96.6 for males in these industries; in 1930 the compara
tive rate by sex was nearly 6 to 1 in these industries.10 The Metro
politan Life Insurance Co. found that their female industrial policy
holders 15 to 19 and 20 to 24 years of age have rates 120 and 50 per
cent higher than the rates of male industrial policyholders in these age
groups. Male industrial policyholders have a much higher rate than
have all males.11
A study of health hazards in the cotton industry 12 compares sick
ness incidence of men and women card- and blowing-room operatives,
July 1, 1922, to Juno 30, 1924. Both men and women suffered exces
sively from colds, influenza, bronchitis, digestive troubles, and rheu
matic affections. Women suffered more than men from influenza
and colds, digestive troubles, and anemia. In each occupation women
operatives lost more time from work, due to sickness, than did men.
The Deutscher Textil Arbeiterverlag, 1925,13 similarly states that
the morbidity rate for the German textile industry was 48.1 for women
and 28.7 for men.
_
A study in the German textile industry by Hirsch 14 found that of
3,165 completed pregnancies the course of labor was pathologic in 34.4
percent. Premature births, stillbirths, forceps deliveries, and caes
arian sections were about 50 percent more frequent than in the general
population.
_
...
.
.
Similar conditions were found in Detroit15 in comparing births
among domestics and among women industrial workers. The latter
had 5 to 6 times as many stillbirths and abortions (attributed, by the
author, to cramped positions, monotonous and mechanical work, and
industrial poisons); almost twice as many forceps deliveries and many
more caesarian sections.
Important as it is to extend to all wage earners measures safe
guarding health, woman’s double role of child bearer and wage earner
makes it essential for her health problems to be studied and stressed.
To the degree that a nation holds its children important, working
women represent an extremely valuable element in the economic
system. Whether their employment in industry be viewed with
disturbance or with satisfaction, the proportion of women in gainful
occupations as a whole has increased and may be expected to continue
to do so. The number of women in gainful occupations in the United
»Metropolitan Life Insurance Co., New York City. Investing in Health. 1933.
50 Ohio Health News, Oct. 1, 1932, p. 3.
n Metropolitan Life Insurance Co., New York City. Statistical Bulletin, July 1930.
D Journal of Industrial Hygiene, September 1927. Health Hazards in the Cotton Industry, by Wm. F.
Dearden, p. 375.
n International Labor Office. Occupation and Health, No. 152, Women's Work. 1929. p. 2.
u Reviewed in Journal of American Medical Association, June 18, 1927, p. 2009. Industrial Pathology
of Pregnancy and Labor, by M. Hirsch.
is Abstract from Journal of Industrial Hygiene, June 1926, from American Journal of Obstetrics and
Gynecology, September 1925, p. 403 ff. Occupational Diseases in Women, by B. Friedlaender,
IMPOKTANCE OF OCCUPATIONAL DISEASES TO WOMEN
15
States increased from 4,005,532 in 1890 to 10,752,116 in 1930. The
increase was from 17.4 percent to 22 percent of all women 10 years
of age and over, while the proportion gainfully employed of the total
population 10 years of age and over remained almost stationary, the
change being from 49.2 percent in 1890 to 49.5 percent in 1930.16
In 1890 only 4.6 percent of the married women were working, but
in 1930 as many as 11.7 percent were working. Of all women wage
earners in 1890, 13.9 percent were married, but in 1930 28.9 percent
were married.17
Special susceptibility of young persons
Another factor besides sex enters into the importance of special
protection for women in industries exposing workers to disease. This
factor is youth. The proportion of workers below the age of 25 years
is much larger for women than for men. In 1930, 37.3 percent of the
gainfully employed women in the United States in contrast to 20.5
percent of the men so occupied were under 25 years. All age groups
below that of 30 to 34 years showed the percent of women at work to
be higher than the percent of men at work. The contrast in manu
facturing, where industrial disease hazards are greatest, is even more
striking than for all employment. In 1930, 43.1 percent of the
women, but only 18.9 percent of the men, were less than 25 years
of age.18 This means that a far larger proportion of the employed
women than of the employed men were in the period of life when,
according to evidence summarized in the paragraphs following,
resistance to diseases of an occupational nature is lowest.
Dr. Alice Hamilton 13 is authority for the statement that available
statistics on occupational disease indicate a significant correlation
between age and susceptibility to various diseases and poisons. A
number of cases studied by scientists in the United States and other
countries are the basis for her statement. Dr. Hamilton says that
during the war employment experience in munitions factories found
young workers more susceptible to certain poisons than adult workers.
In England the general mortality from toxic jaundice caused by air
plane dope was 25.9 percent of the reported cases but for persons
under 18 years of age it was 66.6 percent. In two American plants
where TNT was produced and loaded into shells there was a marked
difference in the resistance to poison of those under 21 years and
those over 30 years. The older men worked an average of 49 days
in one plant and of 56 days in the other plant before sickening with
TNT poisoning; the younger men only an average of 10.5 days in
one plant and 7.5 in the other.
Benzene seems to be especially dangerous for the young. Dr. Ham
ilton found in a survey of the literature on benzene poisoning cases
that out of 34 published cases of serious poisoning, 25 were ‘‘young
persons”; and out of 19 deaths, 15 were in this group.
In an analysis of lead-poisoning statistics in potteries in England,
1924-28, the senior medical inspector found that 5 of the 80 female
cases were under 20 years, none of the 92 male cases; 16 of the female
cases and 1 male case were under 25 years. In 1928, 6 of the 12
U.S. Bureau of the Census. Fifteenth Census, 1930: Occupation Statistics, United States Summary,
p. 8.
•
u Ibid., p. 70.
18 Ibid., p. 44.
18 Hamilton. Alice. Industrial Poisons in the United States. New York, 1925. Pp. 12-13,
16
STATE REPORTING OP OCCUPATIONAL DISEASE
female and 2 of the 11 male cases were under 40 years.20 No definite
conclusions can be drawn, since the population exposed to risk is not
shown, but it does indicate that young persons are still being exposed
in this industry to a known industrial hazard.
Several countries, because records have shown young workers espe
cially susceptible to lead poisoning, have prohibited their employment
on processes involving even slight exposure. The International Labor
Office advocates that certain occupations involving the use of lead
should be forbidden to women and to boys under 18 years, and the
American Public Health Association advises against the employing of
workers under 21 years of age in any occupation where lead is used.21
In the recent Women’s Bureau study of women in vitreous enamel
ing 22 23 analysis by age and occupation of those having symptoms
the
of poisoning confirms the belief that young persons are more suscep
tible than older workers to lead poisoning. Sprayers were more ex
posed to lead than other occupations. Of all the sprayers, 25.8
percent were under 20, but of the sprayers with symptoms of poison
ing, 27 percent were under 20. Two-fifths of the sprayers 16 and
under 18 years of age, compared to only one-fourth of those 40 and
over, had symptoms.
There is no recent study of morbidity and mortality of young
workers related to employment. In 1908, when the United States
Bureau of Labor made a study of cotton mill operatives, the death
rate from tuberculosis among boys 15 to 19 years of age employed in
cotton mills was nearly double that of boys not employed in the mills,
and among girls it was more than double.33 Although the last 25
years has seen great improvement for such operatives, there is still
evidence that young workers are employed in many industries in
detrimental conditions of work.
Part IV of the present study includes a discussion of age data from
State reports of occupational disease. These statistics give weight
to an argument for special protection of youthful workers. In every
State reporting, the women’s younger groups had relatively higher
proportions of occupational disease cases than the sizes of the groups
among the gainfully occupied women would warrant; and in 2 of the
4 States reported, the men’s younger groups had higher proportions
of occupational disease cases than the relative sizes of the groups
among the gainfully occupied men.24
Exposure of women in hazardous occupations
With the data available, it is impossible to estimate the number of
women who are exposed to occupational conditions in various ways
detrimental to health. In 1918 Dr. Hoffman 25 made an estimate of
the number working in branches of industry more or less exposing to
health-injurious dust and fumes, thus predisposing to or accelerating
the relative frequency of respiratory diseases. According to his
estimate over half a million women, over 8 percent of all employed
20 Great Britain. Annual Report of Chief Inspector of Factories and Workshops, 1928.
21 Report of Committee on Lead Poisoning, presented to the industrial hygiene section of American
Public Health Association, October 1929. New York, 1930, p. 30.
22 U.S. Department of Labor. Women's Bureau. The Employment of Women in Vitreous Enameling.
Bui. 101, 1932, p. 33.
23 U.S. Bureau of Labor. Report on Condition of Woman and Child Wage Earners in the United States,
vol. XIV, Causes of Death Among Woman and Child Cotton-Mill Operatives. 1912, pp. 38, 72.
24 For complete discussion, see p. 56.
M U.S. Bureau of Labor Statistics. Mortality from Respiratory Diseases in Dusty Trades, by Frederick
L. Hoffman. Bui. 231, 1918, p. 12.
IMPORTANCE OP OCCUPATIONAL DISEASES TO WOMEN
17
women, well over one-third of the women in manufacturing and me
chanical industries, worked in such an atmosphere.
Something of the extent to which working women actually are
exposed to specific occupational disease hazards is brought out by a
survey made during the summer months of 1928 by the Consumers’
League of Massachusetts of some of the industrial poisons to which
women workers are exposed in that State.26 Fifty-five factories in
the shoe, leather, rubber, candy, and a few miscellaneous industries
were visited. The scope of the inquiry was restricted to data con
cerning women workers.
Of the 55 factories, 28 employed from 1 to 50 women, 20 employed
from 50 to 200, 7 from 200 to 3,200. The women employed totaled
approximately 10,000. The poisonous substances to which women
were exposed in the establishments visited were tabulated as follows:
Leather Industry
Establishment Number of women
number
employees
4
7
30
5
50
100
9
10
11
57
64
82
13
14
5
8
1
2
Poisonous substances
Amyl acetate, butyl acetate, and benzol.
Do.
Butyl acetate, denatured alcohol, fusel oil.
Pyroxylen or nitrocellulose, amyl acetate, butyl acetate,
benzol.
Denatured alcohol.
Amyl acetate in cement.
Benzol and wood alcohol. (Doping done by men, but
women work near oven room where patent leather is
baked and get some of the fumes.)
Benzol, amyl acetate, and butyl acetate.
Amyl acetate and wood alcohol. (Doping done by
men in adjoining room, but women get some of
fumes.)
Shoe Industry, Including Cut Stock
1
2
3
100
■
18
190
4
300
5
30
6
100
8
300
9
10
125-150
350
and
Findings
Wood alcohol, ether, naphtha rubber cement, repairing
dope.
Naphtha rubber cement and repairing dope.
Methyl (wood) alcohol, patent leather repairing dope,
naphtha rubber cement.
Methyl (wood) alcohol, patent leather repairing dope,
ether, shellac, naphtha rubber cement.
Methyl (wood) alcohol, naphtha rubber cement, am
monia cement.
Naphtha rubber cement, ether, carbon disulphide for
cleaning shoes.
Methyl (wood) alcohol, acetone, naphtha rubber cement,
ether, amyl acetate and butyl acetate in cements.
Naphtha rubber cement, repairing dope.
Patent leather repairing dope, naphtha rubber cement,
benzol rubber cement.
“ Consumers’ League o£ Massachusetts. Some Types of Industrial Poisoning. 1929,
18
STATE REPORTING OF OCCUPATIONAL DISEASE
Rubber Industry
Establishment Number of women
employees
number
1
2
3
6
800
100
1
35
10
11
3, 200
4
12
200
15
1
16
17
2
1
Poisonous substances
Carbon tetrachloride, naphtha rubber cement.
Naphtha rubber cement, sulphur chloride, sulphur.
Naphtha rubber cement.
Naphtha rubber cement used by men in small, poorly
ventilated room from which women get fumes.
Naphtha rubber cement.
Naphtha rubber cement used by men in small, poorly
ventilated room from which women get fumes.
Benzol rubber cement, carbon tetrachloride, sulphur
chloride, carbon disulphide.
Naphtha rubber cement used by men in small, poorly
ventilated room from which women get fumes.
Do.
Do.
The report points out that some manufacturers do not even recog
nize benzol as an industrial hazard, yet in the Massachusetts General
Hospital there were, in 1927, six serious cases of chronic benzol poison
ing, three resulting in death, and these fatalities occurred among
workers in the industries where employers showed the greatest igno
rance of the hazard.
.
.
The league felt that so complex a problem, touching as it does so
many industries, could not be solved by a study carried on in such a
short period. The study did present, however, the need of action
to safeguard women workers exposed to occupational poisons.
_
When the special sex and age importance of occupational disease is
considered, the lack of effective legislation protecting women and the
inadequacy of data on which to base programs of control are significant.
Parts III and IV following describe the legislative protection and the
data available.
Part III.—PROTECTIVE LEGISLATION
UNITED STATES
In discussing the legislation enacted to protect workers from indus
trial diseases one fact is outstanding: The lack of adequate legislative
protection for a large group that is known to be especially suscepti
ble—women workers. This is evident in the workmen’s compensa
tion laws where the diseases compensated are listed. For example,
available statistics show that the most frequent disability from
industrial disease suffered by women is dermatitis.1 Statistics show
also that these disabilities are by no means insignificant or minor
ones. Of the laws listing compensable diseases, only two appear to
compensate all dermatitis cases and one limits compensation to a
single type of skin infection. One of these laws does not include lead
poisoning and two do not include poisoning by benzol or any deriva
tives of benzol.
Women are prohibited from handling lead or from engaging in
manufacturing processes in lead work by only two States. That lead
poisoning of women is an increasingly important factor with the
development of spray painting is suggested by data from Ohio reports 2
and from the Women’s Bureau study of women employed in vitreous
enameling.3
Only six States require periodic examination of employees in recog
nized hazardous occupations. Of these, four require examination only
of employees engaged in processes exposing them to lead poisoning.
Other legislation for the special protection of women workers from
industrial affections is fragmentary and confined to few phases of the
problem.
WORKMEN’S COMPENSATION OF OCCUPATIONAL DISEASE
Compensation is without doubt the most effective aid to prevention
and the most effectively administered of all preventive legislation.
When industry must pay for the diseases it produces, better processes
of handling and production result; more frequent and more serious
efforts are made to discover to what extent harmless substitutes may
take the place of those that produce deleterious results; and educa
tional campaigns in safety methods are carried on. This is well illus
trated in Ohio in the case of lead poisoning. Dr. Emery K. Hayhurst
of the Ohio State Department of Health wrote in 1924:
This affliction which, a few years ago, recorded hundreds of cases in the
aggregate each year has now fallen from first place to second in occupa
tional disease reports. * * * in some 12 establishments, which formerly
produced practically all of the reported cases and which are under the
provisions of the so-called standard “lead law” adopted in Ohio in 1913,
lead poisoning has practically disappeared.4
• See p. 58.
3 ILSdepartment of Labor. Women’s Bureau. The Employment of Women in Vitreous Enameling.
Bui. 101, 1032.
,
,
T .
.
T
, ,
4 Hayhurst, Emery R. Values in the Maintenance of Health of the Worker. In American Journal of
Public Health, February 1925,
20
STATE REPORTING OP OCCUPATIONAL DISEASE
Another illustration of the value of workmen’s compensation laws
is found in comparing Pennsylvania, which has no compensation law
covering industrial disease, and Wisconsin, where the law covers all
injuries resulting from employment. In Pennsylvania a man who
works as a sand-blaster, for example, is not examined, he is only
partially protected against the dust, and he may work until he is
incapacitated. In Wisconsin dust injuries are compensable, and a
prudent employer will not hire a man until he has had an examination
of the lungs and chest. He provides for his employees helmets and a
supply of fresh air, and reduces dust by exhausts. Every 6 months
his men are reexamined, and if an X-ray shows signs of trouble in a
man he does not go back to sand-blasting. In this way the develop
ment of tuberculosis is prevented.5
Of the 44 States and 4 Territories having workmen’s compensation
laws, awards for occupational diseases are allowed in 12 States, 3
Territories or possessions, and the District of Columbia.6 Awards of
compensation for occupational diseases are allowed under Federal
legislation by the Longshoremen’s and Harbor Workers’ Compensa
tion Act and the United States Civil Employees’ Compensation Act.
The application of the laws differs considerably from State to State
in the granting of awards.
The laws may be classified into two different types—those in which
only the diseases listed are compensable and those in which compen
sation is provided for broadly or indefinitely, without specifying par
ticular diseases or processes.
Appendixes I and II classify the laws in detail according to method
of covering occupational disease, showing the special regulations with
regard to its compensation, the time limits set for presenting notice and
claim, and the State authority under which the law is administered.
Schedule plan
Six States and one Territory have adopted the schedule plan. The
laws of New York, Minnesota, Ohio, and Puerto Rico schedule both
the compensable diseases and the processes in which the diseases
commonly are incurred, and a disease is compensable only where
incurred in a process specified in the schedule.
In the New Jersey law there is a schedule of compensable diseases
but no schedule of corresponding processes or employments. And in
the law of Illinois there is a schedule of dangerous processes but not
of diseases, and any disease resulting from employment in any of
the scheduled processes is compensable.
The law of Kentucky allows compensation for diseases due to the
inhalation of gas but has no schedule of processes or employments.
General plan
On the other hand 11 laws provide for compensation for injuries by
disease broadly or indefinitely, without schedules or specifications.
Through an amendment to the workmen’s compensation act of
Missouri during the legislative session of 1931, employers and em
ployees in that State are allowed to bring themselves voluntarily
within the provisions of the act with respect to any occupational*
* Hamilton, Alice. The Dangers of Industry. In Adult Bible Class Magazine, May 1928.
s California, Connecticut, Illinois, Kentucky, Massachusetts, Minnesota, Missouri, New Jersey, New
York, North Dakota, Ohio, and Wisconsin; Hawaii, Puerto Rico, and the Philippine Islands.
PROTECTIVE LEGISLATION
21
disease. They lose none of the common-law defenses by not making
this election.
Under the Massachusetts law, compensation is payable for any
“injury” arising out of and in the course of the employment, without
defining the word “injury.”7 Under the Wisconsin law as amended in
1919 it is payable for “diseases growing out of and incidental to the
employment” without definition of the word “diseases.”
Under the Hawaiian law of 1917 it is payable for “disease proxi
mately caused by the employment or resulting from the nature of the
employment.”
The act of Congress to provide compensation for Federal employees,
as amended in 1924, defines “injury” to include “in addition to injury
by accident, any disease proximately caused by the employment.”
The act of Congress providing compensation for longshoremen and
harbor workers, a statute of 1927, defines “injury” to include “such
occupational disease or infection as arises naturally out of such
employment.” In 1928 the provisions of this law were applied to the
District of Columbia.
Under the California law of 1918 “injury” includes “any disease
arising out of the employment”; but in case of aggravation of a pre
existing disease only such aggravation is to be compensated for.
Under the Connecticut law of 1919 “injury” includes occupational
disease, which is defined as “a disease peculiar to the occupation
* * * and due to causes in excess of the ordinary hazards of em
ployment as such,” but in case of aggravation of a preexisting disease
only the aggravation is compensable.
The compensation law of North Dakota as amended in 1925
defines “injury” to include “any disease proximately caused by the
employment.”
Under the law of the Philippine Islands, an act of 1928, “when an
employee * * * contracts any illness directly caused by such
employment or the result of the nature of such employment, his
employer shall pay compensation.”
Comparison of general and schedule laws
It is sometimes contended that the experience of States covering
occupational disease with a blanket provision has shown an inordinate
amount of litigation in proportion to the number of disease claims
involved.
The argument for the list system is stated by the British “Depart
mental Committee Appointed to Inquire into the System of Compen
sation for Injuries to Workmen,” 1920, in its conclusion:
In determining whether or not a particular disease or injury should be
scheduled under the act it has always been regarded as an essential con
dition * * * that the disease or injury must be so specific to the em
ployment that its causation by the employment can be established in
individual cases. Hence not only have the ordinary diseases or injuries
which are common to all humanity been excluded, but also many diseases
which are specially prevalent among workers in particular industries
but which are not so specific to the trade that they can with any certainty
be attributed to the employment in particular cases.*
* “Injury ” has been construed by the courts to include some but to exclude other diseases contracted in
the course of employment, subject to distinctions as yet ill-defined. In re Hurle, 104 N.E. 336; In re McPbee,
109 N.E. 633; In re Maggelet, 116 N.E. 972; Pimental's case, 127 N.E. 424; O’Donnell’s case, 133 N.E. 621;
Bergeron’s case, 137 N.E. 739; Gerald’s case, 141 N.E. 862; Sinclair’s case, 143 N.E. 330; Gibson’s case, 150 N.E.
183; Bagley’s case, 152 N.E. 882; Falco’s case, 156 N.E. 691. (From Pigest of Workmen’s Compensation
Laws in the United States and Territories. By Association of Casualty and Surety Executives. New
York, 1931, p. 217.)
22
STATE REPORTING OP OCCUPATIONAL DISEASE
On the other hand, administrators of compensation laws agree
unanimously that a blanket law covering all occupational disease is
much to be preferred to a schedule, no matter how liberal the latter
may be. A resolution to this effect passed by the Buffalo convention
(1929) of the International Association of Industrial Accident Boards
and Commissions, an organization of administrators of workmen’s
compensation laws, is as follows:
Whereas the experience of several States, including especially the States
of California, Connecticut, North Dakota, and Wisconsin, reliably indi
cates that the cost of including all occupational injuries and disabilities
is insignificant, and would add not exceeding approximately 1 percent to
the present insurance cost of accident disabilities: Therefore, be it
Resolved, That this association hereby recommends to the several States
and Provinces the inclusion of all occupational injuries and disabilities in
their compensation laws, and it does hereby place itself on record as favor
ing such legislation.8
The February 1930 report of the California Department of Indus
trial Relations points out that in New York and Ohio, where the
specific schedule method is in force, at each session of the legislature
there is “pulling and hauling” when it is proposed to extend the list
in order to provide more nearly adequate protection for occupational
disease disability. The California report says:
* * * A dead man is just as dead whether he succumbed from a
disease of his occupation or from an accident. Likewise, a disability
affecting the nervous system, the lungs, or the brain incapacitates just the
same as does a fall from a scaffold. Industry should aid either way.
Briefly, the California experience is that each claimant must prove liis
contention where there is doubt, that tnere has been “no opening of the
door” to all diseases, that the insurance cost is negligible and has not
exceeded 1 per cent of the cost of all other injuries * * *.
The Ohio State Department of Health tabulates reported occupa
tional diseases according to whether they are compensable or noncompensable. In the 5-year period 1925-30, 460 cases of noncompensable occupational diseases were reported to the department. In
the calendar year 1930 there were 96 noncompensable cases reported
and in 1931 there were 92. Dr. Neiswander and Dr. Hayhurst of the
Ohio State Department of Health expressed their attitude toward this
condition:
We regret that there should be any arbitrary discrimination in the matter
of compensating occupational diseases, and would urge that all occupa
tional diseases be made compensable in Ohio. Practically the only way
to get them incorporated in the schedule of the present law is to provide
a “past” for the excluded ones such that will convince the employers and
the legislature of the justice of their inclusion. In order to do this the
detailed reporting of every noncompensable case is necessary.9
In New Jersey, another of the “list” States, a damage suit for
$50,000 has been brought by an employee alleging contraction of
silicosis. It is reported that almost a score of other plaintiffs are asking
damages totaling nearly $1,000,000 for the same cause.10 Silicosis is
not included in New Jersey’s list of occupational diseases and suit for
damages is the employees’ only means of redress. _
The Consumers’ League of New Jersey is heading an educational
campaign for a better occupational disease law in that State—‘ ‘ one
* U.S. Bureau of Labor Statistics. Monthly Labor Review, February 1930, p. 93.
• Neiswander, Byron E., and Emery R. Hayhurst. Recent Trends in Occupational Diseases in Ohio.
Reprint from the Ohio State Medical Journal, January 1929.
w American Labor Legislation Review, September 1931 ,p. 357
PROTECTIVE LEGISLATION
23
that will require compensation for all disease which can be proved to
have occurred from the occupation, instead of the present law, which
compensates for only 10 diseases.”11
The obvious injustice is brought out even more pointedly in the
experience of New York State, with its long list including 27 diseases
and processes. A study made by the New York Bureau of Women in
Industry of the claims heard before a referee in the workmen’s com
pensation division in New York City from July 1, 1931, to December
31, 1932, showed that, judging by the length of disability, the conse
quences of dermatitis were almost as severe in the cases disallowed as
in those where awards were made. Of the 122 disallowed cases that
reported the period of their disability, 71 (58.2 percent) were disabled
1 week or longer, 1 for a year and more. Almost one-third of the 122
cases were reported as disabled at least a month. During the period
discussed, a total of 520 cases of dermatitis appeared on the occupa
tional disease calendar. Of this total, 240 (46.2 percent) were dis
allowed, and 85, or almost one-sixth of all dermatitis claims reviewed,
were disallowed on the basis that they were not covered by the act.12
In discussing the small number of occupational disease cases com
pensated in New York State in the year ended June 30, 1931, the
director of the division of statistics and information explains that the
tabulation does not represent the number or range of disease hazards
to be found in the industries of the State. This is due partly to the
limited number of substances whose effects are compensable and the
fact that no compensation is paid in the case of about one-third of
these substances because the schedule was established before the
hazard was known. On the other hand, claims are advanced by work
ers that are inadmissible because not included on the limited poison
schedule, and new hazards are always coming up.
These are the common objections to the “schedule plan” of dealing
with occupational disease. Experience brings to light new diseases
not on the schedule, for which compensation ought to be granted, and
the process of adding such diseases to the schedule is the tedious one.
of educating a State legislature. In addition, cases occur where com
mon ailments manifestly are contracted through some special ex
posure for which the patient’s occupation is responsible. There is
no elasticity in the list system to allow for such cases.
Procedure required to obtain compensation
In every law covering occupational disease with a general clause,
except that of Connecticut, the requirements and limitations are the
same as in the case of accidental injury. States having the list system
modify and add to the limitations on coverage and the procedural
requirements of workmen’s compensation acts in several different
ways. Appendixes I and II of the present report give in detail the
procedure required.
Time limits
Some of the special time limitations affecting only claims specified
in States having a list of compensable diseases are of particular im
portance. Minnesota, New York, Ohio, and Puerto Rico limit com
pensation to cases where the disease has been contracted in the employ
ment engaged in within 12 months previous to the date of disable
11 Bulletin of the Consumers' League of New Jersey, May 1930.
i* New York. Department of Labor. Industrial Bulletin, March 1933, p. 60.
24
STATE REPORTING OP OCCUPATIONAL DISEASE
ment. In Ohio no person shall be entitled to compensation unless for
90 days next preceding the filing of a claim employee has been a res
ident of Ohio or employed by a contributor to the occupational
disease fund. In this State, claim must be made within 4 months of
beginning of disability. New Jersey requires that the disability shall
have begun and notice to employer shall be given, within 5 months
after the termination of exposure to one of the stated industrial disease
hazards, and claims are forever barred unless petitions are filed within
1 year after the exposure has terminated or after date of last payment
of compensation. New York requires that notice be given to the
employer within 90 days after the disablement.
In Connecticut, not a “list” State, claim for a disability from
occupational disease must be made while in the employ where it was
contracted or within 3 years after leaving such employ.
With exceptions noted, the workmen’s compensation laws that
include occupational disease lay down the same limitations for disease
as for accidental injury. These limitations range from the liberality
of the Puerto Rican law that sets no time limit, or the Minnesota and
Wisconsin laws with a 6-year limit, to the requirement of the Philip
pine Islands that claim must be presented within 2 months after the
date of the injury.
Time limitations are of special significance because of the difficulty
of diagnosis and because some occupational diseases develop very
slowly. In some of the cases of radium poisoning that received such
wide publicity a few years ago, no symptoms occurred until 3 to 9
years after the cessation of work. The symptoms were not specific,
often resembling those of other diseases, and might easily have been
diagnosed according to their most prominent features.13
Six deaths from phosphorus poisoning in one fireworks factory where
white phosphorus was being used were diagnosed as syphilis.14 Phos
phorus poisoning occurs in the making of boneblack, fireworks, in
secticides, matches, and fertilizer, in brass foundries, phosphate mills,
phosphor-bronze industry, phosphorus-compound making, and phos
phorus extraction. In poisoning by phosphorus, as in radium poisonmg, the first symptoms may appear long after relinquishment of the
occupation.15
Compensation in practice
In practically all States with compensation laws, occupational
diseases resulting from accident are compensable, four of the list States
making this additional provision. However, in many cases the proof
of accidental origin is difficult to establish, neither legal nor medical
opinion being unanimous. This difficulty has acted to broaden the
scope of workmen’s compensation laws in some instances. In Penn
sylvania compensation has been allowed for anthrax as an accident,10
although it is included as an occupational disease in the laws of four
States. Compensation for erysipelas has been allowed in Indiana,17
New York,18 and Pennsylvania.19
IS TJ.S. Bureau of Labor Statistics. Radium Poisoning. 1929, pp 26 28
JlY„0,!lsumferTS’
?■ ^eWrJrercSeyA Bulletin’ AP«1 1929, p. 2. Speech by Ethelbert Stewart, Com20^1928 Bal)or ^rustics, U.S. Department of Labor, at radium conference, Washington, D.C.,
Prepa'ra'tioifofphosphorus^^Bul^fbsmMsf pp*1! ^ecr0sis
18
U
”
1«
Manufacture of Fireworks and in the
McCauley v. Imperial Woolen Co. et at. 261 Pa.’312
Fort Wayne Roller Mill v. Buanna, 122 N.E. 362.
Wand v. Jamestown Brewing Co., 180 N.Y. Supp. 694.
White V. White, Pennsylvania Workmen’s Compensation Board Decisions, vol. 2, p. 267.
PROTECTIVE LEGISLATION
25
Hysterical neurosis has been held compensable by the Michigan
commission,20 nervous shock by the Idaho board,21 traumatic neurosis
by the New York Supreme Court,22 and there has been similar action
in other States.
Such examples might be quoted almost indefinitely. Injuries result
ing from forces of nature, such as sunstroke and heat prostration, are
compensated as occupational diseases in certain cases in Wisconsin
and as accidental injuries in several States. The inhalation of poison
ous gas suddenly and in unexpected quantities has been held compens
able in States not compensating specific occupational diseases.23
In a number of cases Maryland’s courts have held that diseases of
slow growth are accidental injuries within the meaning of the compen
sation act.24 In the report of the Maryland State Industrial Accident
Commission for the period November 1, 1930, to October 31, 1931,
allowed claims include 161 injuries from poisonous or corrosive sub
stances, 3 from occupational disease, 12 from heat prostration,
sunstroke, and cold.
While there is some disparity between the wording of the law and
court interpretation tending to broaden the scope of workmen’s com
pensation, this disparity probably is not very great.25 Instead of de
pendence on appeals to and decisions of the courts, with all their
defects of conflicting medical and legal testimony, definite inclusion
in workmen’s compensation acts of all diseases traceable to industry
would seem desirable.
Conclusions
Few compensation laws as originally passed made provision specif
ically for the inclusion of occupational diseases. The idea has de
veloped by degrees until 12 States, the District of Columbia, 3 Terri
tories, and the Federal Government provide compensation either for
certain industrial diseases or for all industrial diseases generally.
The uncertainty of medical diagnosis and the slow development of
some diseases, already referred to, make administration of these laws
difficult.
Some shortcomings of requirements of the laws have been pointed
out. The discrimination resulting from lists of industrial diseases and
processes is obvious. Legislation that allows compensation for a dis
ease when it results from one industrial process and disallows com
pensation for the same disease when it results from another industrial
process should be questioned seriously.
Lack of definite statistical information as to the incidence of occu
pational disease undoubtedly is the most important factor in retarding
the progress of adequate legislation.
2° Lisner v. Consumers Ice Co., Michigan Industrial Accident Board. Workmen’s Compensation Cases
July 1916, p. 61.
11 P- B. Grant's Case No. 8m. Idaho Industrial Accident Board, 2d Report, d. 66
2> Weber v. Haiss Mfg. Co., 181 N.Y.Supp. 140.
23 Benson v. Amalgamated Sugar Co. Utah Industrial Commission. Report of Decisions 1918-20 n 165
21 Jewel Tea Co. v. Weber, 132 Md. 178; Coastwise S. B. Co. v. Tolson, 132 Md. 205; Stewart and’ Co v
Howell, 136 Md. 423; Baltimore Dry Docks v. Webster, 139 Md. 616; Kelso v. Rice, 116 Md 267- Bramble v
Shields, 146 Md. 504; Dickson Construction Co. v. Beasley, 146 Md. 568; Standard Oil Co. v. Mealev 147 Md’
249; Victory Sparkler v. Francks, 147 Md. 368; Standard Gas Equipment v. Baldwin, 136 A 641' (These
from Workmen’s Compensation Cases of Maryland, by Maurice J. Pressman. 1927. pp. 18-19 j
2s Goldberg, Rosamond W. Occupational Diseases in Relation to Compensation and Health Insurance.
1931, pp. 17Q-202.
26
STATE REPORTING OF OCCUPATIONAL DISEASE
REPORTING OF OCCUPATIONAL DISEASE BY PHYSICIANS
Laws requiring reports by physicians generally
Twenty States require, either by statute or by regulation, that
physicians report individual cases of occupational disease to State
authorities. In Minnesota and Massachusetts such reports must be
made to the labor departments, and the Department of Labor and
Industries of Massachusetts is required by law to furnish copies of the
reports, on request, to the department of industrial accidents and the
department of public health. New York requires reports to the
industrial commissioner, and Ohio to both the industrial commission
and the health department, the latter to transmit a copy to the fac
tory inspector. In the other States, Alabama, Arizona, Connecticut,
Georgia, Illinois, Kansas, Maine, Maryland, Michigan, Missouri,
New Hampshire, New Mexico, Oregon, Pennsylvania, Khode Island,
and Wisconsin, reports are made to health authorities, but in four of
these, Maryland, Michigan, New Hampshire, and Khode Island, as
in Ohio, copies must be transmitted to labor or factory inspection
departments.
The application of the reporting laws of the 20 States is very broad.
Only five limit the reporting to certain diseases. Michigan and
Minnesota include lead, phosphorus, arsenic, or mercury, or com
pounds of any of these, anthrax, and compressed-air illness resulting
from employment. Wisconsin’s list includes these same diseases,
excepting only anthrax. Pennsylvania has a longer list, including
anthracosis, caisson disease, poisoning by arsenic, brass, carbon mon
oxide, lead, mercury, natural gas, phosphorus, wood alcohol, naphtha,
bisulphide of carbon, and dinitrobenzene. Missouri lists all these
with the exception ef anthracosis and mercury poisoning, and adds
aniline, benzine, benzol, turpentine, and tetraethyl lead poisoning.
In Ohio the law requiring reports to the health department sched
ules diseases that are reportable but adds “and such other occupa
tional diseases and ailments as the State department of health shall
require to be reported.” In practice the health department has em
phasized the reporting of all occupational diseases whether they ap
pear in the schedule or not.26 In this State compensable diseases are
reported by physicians to the industrial commission also, and the two
departments keep each other informed of cases reported.
All the other laws requiring that such diseases be reported include a
clause covering all diseases contracted as a result of the nature of the
patient’s employment. Appendix III of the present study summar
izes the laws in regard to the responsibility for reporting, the contents
and form of the statement physicians are required to return, the
authorities receiving reports, the time limit for reporting, and penalty
in case of neglect or violation.
As will be pointed out later, the law's requiring reports by physicians
in general practice are inoperative in most States, and it w'ould appear
that this method of checking the occurrence of occupational disease is
fundamentally w'eak. In the first place, physicians who have not had
special training in industrial poisons and diseases do not recognize
the connection between employment and the symptoms. In addition
to this factor, enforcement of reporting is very difficult if not impos
» Neiswander, Byron E., and Emery R. Hayhurst. Recent Trends in Occupational Diseases in Ohio,
Reprint from the Ohio State Medical Journal, January 1929.
PROTECTIVE LEGISLATION
27
sible. That it is practicable to educate physicians to report cases
of occupational disease is demonstrated by the work of the Ohio and
Connecticut Departments of Health. Even in Connecticut, however,
the health department receives fewer reports than does the workmen’s
compensation authority, although the health department reporting
law covers a much wider field of cases.
Administration of laws requiring reports.—Legislation is only the
first step m remedying any situation. Without efficient adminis
tration and adequate enforcement of the law, the fact that it has a
place on the statute books is of value only as recognition of the need
of some standard.
The number of reports of occupational disease received by the State
health department is one indication of the adequacy of enforcement.
In States such as New Mexico, where the industrial problems are
slight ana a large part of the gainfully employed population is engaged
m agriculture, it is obvious that the number of persons reported as
suffering from an occupational disease will be very small. Where re
porting required is limited to a few diseases or poisonings, other things
being equal, the number reported will be smaller than in States re
quiring that all diseases and poisonings shall be reported.
An examination of published reports for 1926 to 1930 and inquiries
by correspondence appear to show, for the 20 States having laws that
require physicians to report cases of occupational disease, only the
cases following:
State1
Connecticut____
Maine. _
_
_
Maryland.
Massachusetts
_. _
New'Mexico .____
Ohio.
Rhode Island ___
1926
1927
1928
1929
1930
81
186
164
2
i
254
247
292
554
389
1, 317
1
1, 074
1, 189
1
1, 411
1
1, 335
Uoo
485
1 Under the law all occupational diseases must be reported.
Reporting laws are practically inoperative in all States but Con
necticut, Massachusetts, and Ohio. Another reason why the laws
have not been more generally enforced is lack of funds to carry on
the work. Efforts to get larger appropriations for this purpose have
been made in recent legislative sessions in several States, and increased
interest is being expressed in the subject even in those States that
are least industrialized.
Periodic examinations in certain industries
Examinations of especially susceptible groups exposed to occupa
tional diseases are a real necessity to prevent serious illness and
chronic poisoning. Industrial diseases usually are slow and difficult
to recognize in their onset. Signs and symptoms of the disease do
not appear early enough to warn the worker. The ailment usually
runs a progressive course that may result in acute or chronic illness.
Ordinarily a diagnosis of injurious absorption of an industrial poison
can be made early enough to protect the worker from actual dis62214°—34-----S
28
STATE REPORTING OF OCCUPATIONAL DISEASE
ability provided be is examined in time. This can be accomplished
only by periodic examinations of workers by industrial physicians
who are specialists in the diseases. Without such examinations the
worker may absorb injurious amounts of certain chemical substances
and not be aware of it. When he becomes aware of it, it probably
will be too late to protect him from serious effects of the disease.27
The value of periodic examinations was shown by a recent experi
ence of the Illinois Department of Health. During the 10 months
ending with September 1931, 1,040 blood tests for lead poisoning
were made of a fixed group of employees. Through May from 36 to
57 percent of the tests made each month indicated marked absorption
of lead. Beginning with June, the percentage showing a high degree
of absorption declined sharply. Of the 117 tests made in September,
only 16, or 13.6 percent, showed a marked absorption. The change
was caused by shifting employees who were absorbing lead at a
significant rate to work where the exposure to lead poisoning was less
or absent.28
Of the six States requiring examinations of employees engaged in
dangerous processes,29 only Illinois and Missouri require such examina
tions in processes and manufactures exposing workers to hazards
other than lead or its compounds. Illinois requires examinations
also in the manufacture of brass, the smelting of zinc, and the han
dling or use of paris green. Missouri’s act also includes processes in
which antimony, arsenic, brass, copper, mercury, phosphorus, zinc,
their alloys and salts, are used, and processes where any poisonous
chemicals, minerals, acids, vapors, fumes, gases, or other substances
are employed or handled. These examinations are required monthly
in every State but Connecticut, where they are required at 2month periods. Appendix IV shows the responsibility in regard
to periodic physical examinations, their frequency, form for reporting,
and penalties imposed.
The preceding paragraphs have described the State requirements
for compensating occupational diseases and for reporting them to
health and labor departments. The relationship among the three
authorities indicated is important. In each division the reports may
act as a check on the completeness of the reports of the others. The
best preventive methods must be the result of coordinated work by
the compensation authorities with their effective enforcing power,
the health departments with their training in general sanitation
methods and their more inclusive definition of occupational disease,
and the labor departments with their experience in factory inspection.
Too frequently the field falls entirely to factory inspectors not trained
in health work.
A few States have solved the problem of coordinating these func
tions by a specialized division of industrial hygiene. Three States-—
Connecticut, Ohio, and Michigan—have had such divisions in the
departments of health. Michigan’s division has been dropped for
lack of funds. Similar divisions exist in the departments of labor of
New York, New Jersey, Pennsylvania, and Wisconsin.
An advisory body, to be known as the “Occupational Health
Council”, has been established recently in the Massachusetts Depart21 Mayers, May R. The Importance of an Early Diagnosis in Industrial Diseases. New York. De
partment of Labor. Industrial Bulletin, May 1932, p. 248.
Illinois Health Messenger, Nov. 1, 1931.
Connecticut, Illinois, Missouri, New Jersey, Ohio, and Pennsylvania.
PROTECTIVE LEGISLATION
29
ment of Labor and Industries, and study of industrial health problems
started with the appointment of an occupational hygienist. Of this
council the commissioner of the department said:
With all regard for the pressing necessity of extreme economy in govern
ment, I am confident that this new undertaking of the department will
more than Justify itself in the reduction of disease arising from inade
quately protected industrial occupations in the Commonwealth.30
A brief description of the work being done by some of these
specialized divisions is included here as one of the most important
developments in the field of preventing occupational disease.
Industrial hygiene divisions of State health departments
Ohio31 was one of the first States to recognize the importance of
State-wide study and regulation of conditions leading to industrial
disease. The first investigation, authorized by the legislature, was
made by the State board of health in 1913. At the same time a
statute was passed requiring physicians to report certain occupational
diseases (six at that time), but not excluding others, to the State board
of health.
In 1920 the industrial hygiene division of the State department of
health added to the list of reportable diseases and began emphasizing
that all occupational diseases were reportable. Since then the spread
of information among physicians, employers, and employees has been
promoted consistently by the department. The department of
health and the industrial commission keep each other informed of
cases reported. The standard form32 is issued to physicians for
reporting cases.
. The first study of occupational diseases of workers by sex was made
in 1925 for the period July 1, 1920, to June 30, 1925.33 Analysis was
made of the specific ailments of men and of women. A' similar
analysis for the 2% years ending December 31, 1927, and a comparison
with the report for the 5-year period 1920-25 was made.34 This same
type of material was tabulated for the 5-year period ending June 30,
1930, but it has not been printed.
Most of the important occupational diseases in Ohio have been
investigated and means found to alleviate their effects. By use of
this information made available by the industrial hygiene division
such diseases are being reduced in number and in severity in particular
industries. As Dr. Hayhurst points out, in a number of Ohio estab
lishments that are under the “lead law” adopted in Ohio in 1913,
lead poisoning has practically disappeared. This shows the effective
ness of education, sanitary orders, reporting law, and compensation
law.34
The splendid work of this division has been seriously impaired by
attempts at economy. The staff has been cut in numbers, and from
an independent division m the health department it has been relegated
to the position of a bureau, with two other bureaus, under a general
division of hygiene.* 3
" U.S. Bureau of Labor Statistics. Monthly Labor Review, September 1932, p. 541.
" Summarized (for the most part) from Recent Trends in Occupational Disease in Ohio, by Byron E.
aWai?dfr aiUd Praery
Hayhurst. Reprint from The Ohio State Medicai Journal, January 1929
3S See introduction, p., 11 for copy of standard form.
tt"
a£d P-J-Kindel. Occupational Diseases Reported to the Ohio State Department of
Health for'the 5-Year Period Ending June 30, 1925. In Journal of Industrial Hygiene, vol. 8, April 1926
pp. 14o—164.
“ Neiswander, Byron E., and Emery R. Hayhurst. Recent Trends in Occupational Diseases in Ohio.
Reprint from The Ohio State Medical Journal, January 1929.
36 See quotation, p. 19.
^
30
STATE REPORTING OP OCCUPATIONAL DISEASE
Interest in occupational disease is of more recent origin in Connecti
cut,30 but in the last few years it has received considerable emphasis
through the activity of the State department of health. In 1930 an
industrial hygienist was added to the staff and a laboratory was
provided. Studies were made of illumination, ventilation, sand
blasting, chromium plating, hydrogen sulphide, carbon disulphide,
spray coating, oil dermatitis, dust, fumes, benzol, and other poisonous
substances, which studies resulted in improvement of sanitary con
ditions, ventilation, and illumination, changes in processes, substitu
tion of materials, and in some cases substitution of new equipment.
The form for reporting occupational diseases was changed to agree
more nearly with the standard form.
The work has been outlined as follows:
1. Survey of industries where potential occupational disease ex
posures exist and studies in plants presenting actual hazards.
2. Making surveys requested by industry and studies where
necessary.
3. Working out in laboratory technical details for particular
studies.
In beginning this work the department of health has classified
Connecticut industries to correlate with the classifications of the
United States census and the National Council on Workmen’s Com
pensation so that results may be comparable. Possible hazards
existing in these industries also have been classified. During the
year ending June 30, 1930, lectures and talks were made throughout
the State; articles were written for the monthly bulletin and for publi
cation elsewhere.
This is a well-planned start toward a systematic decrease in the
number of cases of occupational disease. It will be interesting to
watch the progress of the work through the yearly reports of the
department of health.
Industrial hygiene divisions of State labor departments
The division of industrial hygiene of New York * is the best develop
37
ment of this type of organization in a labor department. In 1914
such a division was created in the department for the purpose of
making continuous investigations of the health hazards in industry.
Unfortunately the division lacked sufficient appropriation and direc
tion to function until its reorganization some 10 years later.
On its reorganization in 1924, the division prepared to make a
comprehensive and thorough study of the hygienic conditions in
industry. An advisory committee of nine experts in the field was
constituted and an industrial hygiene clinic opened to make diagnoses,
furnish treatment, and conduct scientific research into the effects of
industrial poisons. The clinic also has served the purpose of training
doctors and nurses in methods of industrial medicine.
One of the first important projects of the division was the prepara
tion of a cross-reference pocket manual on industrial diseases for the
use of physicians in the State. In fact, the education of physicians,
employers, and the public has been a principal feature of its activities.
Research has been carried on in the prevention of industrial diseases
under the direction of trained physicians and engineers. The results
38 Connecticut. Department, of Health. Annual Report, 1930, pp. 241-276.
37 Summarized (for the most part) from the Industrial Hygiene Bulletin, July 1924, monthly publication
of New York Department of Labor.
PROTECTIVE LEGISLATION
31
of such studies are published monthly in the Industrial Hygiene Bul
letin, which appeared first in July 1924 and was continued as a separate
publication until January 1932, when it became a section on the Indus
trial Bulletin. It is a valuable source of information on preventive
methods.
As a part of its educational program, the division maintains two
lecturers who are prepared to give illustrated talks on industrial
hygiene and accident prevention upon application by manufacturing
plants.
The reporting of industrial diseases to the division is required by
section 206 of the labor law, but as a matter of fact very few cases
are reported. Occasionally a case is referred by the compensation
bureau for investigation. The list of diseases reportable is more
limited than the list of diseases compensable. The division furnishes
standard forms for the reporting of diseases.
In New Jersey the State bureau of hygiene and sanitation is charged
with the investigation and prevention of industrial disease.38 Through
a long period of contact with the manufacturing interests of the State,
the bureau has built up excellent cooperation in standard safety
practices.
An important phase of the bureau’s work is the investigation of
occupational diseases. Even before the compensation law was
extended to a group of such diseases, reported cases were investigated.
Each year the results of these investigations are tabulated by cause in
the September issue of the Industrial Bulletin.
In January 1929 an industrial disease investigation bureau was
established with the definite purpose of locating plants using toxic
trade substances and, after an engineering investigation of the premises
and processes, giving each employee a careful physical examination
to determme, if possible, whether the work was affecting his health.
Ihe director of the bureau of hygiene and sanitation was put in
charge of the field direction of this bureau, his duty being to outline
the occupational groups needing physical examination and to make
contacts with the plants preceding such examination. After maldng
contact, the technician visited the plant to take blood samples and
compile trade histories and employment records. The medical
director was given charge of all medical features of the work. The
staff included a consulting pathologist and a consulting chemist
whose services were necessary in cases where trade substances were
used, the toxicity of which was reported in vague terms or of which
there was little general medical knowledge.
This new bureau demonstrated its value in the first 5 months of its
existence. Twenty-nine plants were visited for the purpose of inspect
ing the premises as to the existence of occupational health hazards.
Complete clinical and physical examinations were made of employees
m certain of these plants.
I wo special studies were made, one in a plant where benzol was
used and one in a lead color plant. Of 89 workers exposed to benzol
in the artificial leather industry, 10 were found with symptoms of
chronic benzol poisoning. In the lead color industry, out of 21 men
examined 8 were found to be suffering from active lead absorption,
m spite of the fact that they were wearing respirators. RecommendaNewSJ™“y Departaent rfLaC.0 ^ ““ Industrial BulIetin' September 1929, monthly publication ol
32
STATE REPORTING OF OCCUPATIONAL DISEASE
tions were made for a different type of respirator with an air line.
The need of careful medical supervision of such industries is evident
from these studies.
Finally the bureau proposed to study scientifically the cases of
occupational disease and spread its knowledge among physicians,
employers, and employees. This would make treatment of occupa
tional disease more satisfactory as it makes diagnosis more exact.
Information obtained through the bureau is available to the family
physician.
.
Unfortunately this bureau has suffered with others in the JNew
Jersey Department of Labor in the interests of immediate government
economy.an evaluation of the work of the bureaus described, any
From
argument as to where the industrial hygiene division should be—in
the department of health or the department of labor—is besicte the
point. Such a bureau should be where it will receive the most
complete reports of occupational disease occurrence. Its value will
depend on its personnel of trained engineers and industrially trained
physicians.
PROHIBITORY AND REGULATORY LEGISLATION APPLYING TO
OCCUPATIONS EXPOSING WORKERS TO OCCUPATIONAL DIS
EASE HAZARDS
The laws described in this section have a more direct though not a
more important effect on the prevention of occupational disease than
have the workmen’s compensation and reporting laws. To the pro
visions of the laws described below for the protection of workers from
industrial disease might be added a much longer list setting maximum
hours of work, prohibiting night work, and requiring rest periods and
days of rest.39 By reducing the time of exposure to harmful substances
the effects of these substances are diminished.
_ .
Another group of laws, those relating to adequate ventilation,
separate lunch rooms, methods of cleaning work places, and the inspec
tion of work places, are important in preventing exposure to harmful
gases, dusts, and fumes. This type of legislation was definitely
influenced by the occurrence of cases of occupational disease in certain
establishments, and successful administration of such laws in specific
industries has proved their value in reducing the number suffering
from disease.
The presence of dusts, gases, and fumes generated by the process ol
occupation is recognized as a health hazard, and more or less general
provision for proper ventilation is made by the majority of the States,
and in several States the application is made specifically to establish
ments employing women.
No attempt will be made here to summarize these general protec
tive laws. Their value in the effort to prevent occupational disease
is common knowledge.
The legislation described here is of two types, (1) that applying specif
ically to women employed in processes dangerous from an occupational
disease standpoint and (2) that applying to all workers employed
in specific hazardous processes and occupations. In addition to this
statutory regulation, special rules issued by State labor authorities
39 See U.S. Department of Labor. Women’s Bureau.
tories. ' Bui. 98, 1932.
Labor Laws for Women in the States and Terri
PROTECTIVE LEGISLATION
33
are described in a very general way. Any complete analysis of regula
tions, statutory or not, requires a knowledge of the status of the au
thority issuing rules, and enforcing rules and statutes, and their con
sequent effectiveness. Such an evaluation is beyond the scope of
this report. It is, however, of value to know the legal basis on which
administrative bodies may operate. To outline this basis is the
purpose of this section.
Laws and regulations prohibiting women from certain employments
with occupational disease hazard
Laws and regulations applying specifically to women and important
in the prevention of industrial disease are of two types, prohibitory
and regulatory. These are charted for convenient reference in
appendix V.
Blanket prohibition.—Seven States—Colorado,40 Kansas, Michigan,
North Dakota, Oregon, Washington, and Wisconsin—have general
provisions prohibiting the work of women in occupations detrimental
to health, morals, or welfare. Without doubt these general provi
sions have possibilities in regulating the employment of women where
occupational disease hazards are great.
Unfortunately their application has not had this effect. The Kansas
act of 1915 creating the industrial welfare commission made it unlaw
ful to employ women in any industry or occupation detrimental to
their health or welfare. No employment has been prohibited since
by the commission or any other authorized body.
A Michigan act passed in 1919 includes a provision forbidding the
employment of women in any place detrimental to their morals,
health, or potential capacity for motherhood. At the present time
there is no specific occupation prohibited to adult women.
The North Dakota'and Oregon blanket provisions have never been
applied specifically to any occupation because of industrial disease
hazard.
In Washington the blanket prohibition was passed in 1913 as part
of the act creating an industrial welfare commission. In 1918 the
first order was made prohibiting women from all work underground,
certain work in shipbuilding plants, in metal-working plants as with
molten metals, and in some other occupations. The order was for the
duration of the war. The prohibitory clause applies now to one
occupation only, that of bell hop.
Legislation of 1913 gave the Wisconsin Industrial Commission
power to prohibit employments to women in the interests of their
life, health, safety, or welfare, but the power has never been exercised
where adult women were concerned.
Ineffective as such provisions have been thus far in the prevention
of occupational disease to women, they have some importance as a
possible instrument for its prevention.
Prohibition of specific occupations by statute or regulation.—Occupa
tions exposing workers to industrial disease are in general poorly
classified as to hazard. Prohibiting the work of an entire group in
any occupation naturally is the last resort in preventing diseases in the
industry. In many cases individual establishments have set up their
own standards of employment, excluding women and minors from
40 Colorado’s minimum-wage law has a provision of this type, but it is inoperative through lack of
appropriation.
34
STATE REPORTING OF OCCUPATIONAL DISEASE
especially hazardous occupations. The States prohibiting women
from working on occupations exposing to industrial diseases are
relatively few.
Important in the prevention of such exposure is the legislation of
17 States 41 and the Philippine Islands prohibiting mining as an occu
pation for women, and of 5 States 42 forbidding woman-employment
in quarries. Two States prohibit the work of women in smelters.43
Colorado prohibits the work of women in colic ovens. Ohio prohibits
their employment as molders or in blast furnaces.
New Jersey and Pennsylvania prohibit by labor department regula
tions work by women in the manufacture of nitro and amido com
pounds, and these States also prohibit the handling by women of any
dry substance or dry compound containing lead in excess of 2 percent.
In Minnesota women are not permitted to put cores in ovens nor to
remove them from the ovens.
New York, Ohio, and Michigan have laws preventing women from
working on certain kinds of moving abrasives exposing to harmful
dusts. Michigan’s law, because of ambiguous wording, has never been
enforced.
Pennsylvania forbids by labor department regulations women’s
employment in the handling of nitrators in the manufacture of nitro
glycerin, taking down blue beds after the process of lead corroding,
setting up blue beds in the corroding stacks of the Old Dutch process
(unless such buckles or lead plates are used as have not previously
been corroded); also welding and cutting, with the exception of bench
and machine welding and welding in the manufacture of radio tubes,
these exceptions being allowed provided protective clothing is worn
and women are not permitted to handle cylinders containing gases.
In the Philippine Islands women are prohibited from work in any
place where explosives are used or manufactured.
Legislation and rules regulating the work of women in certain occupa
tions with occupational disease hazard 44
Massachusetts, New York, Ohio, and Pennsylvania have regulated
the conditions of work of women in core rooms to prevent exposure to
gases, fumes, and smokes. These provisions require specially con
structed partitions between rooms where cores are made by women
and rooms where core ovens are located, if the making and baking
are simultaneous operations. All openings between the partitions
must have some self-closing device to prevent the escape of fumes,
smoke, or gas. (These regulations are included in appendix V.)
Several States, including Delaware, Louisiana, Massachusetts,
Missouri, and Pennsylvania, have enacted general laws providing
that wherever women are employed under conditions exposing to
dusts, gases, or harmful fumes the employer must provide special
systems for keeping the air free from these impurities. Because these
laws have no specific application they have not been included in
appendix V.* * **
« Alabama, Arizona, Arkansas, Colorado, Illinois, Indiana, Maryland, Missouri, New York, Ohio,
Oklahoma, Pennsylvania, Utah, Virginia, Washington, Wisconsin, and Wyoming.
*2 Arizona, New York, Ohio, Oklahoma, and Wisconsin.
« Ohio and Utah.
** See appendix V.
PROTECTIVE LEGISLATION
35
Statutory legislation regulating the conditions of employment of all
workers in certain occupations with occupational disease hazard 44 * 46 *
Laws similar to the four regulations described in the foregoing have
been enacted in a number of States, not for women employees alone,
but for all who may be employed in certain types of work having dis
ease hazards. Different types of prevention prescribed by law are
touched upon in this section.
Lead poisoning has been recognized as one of the important causes
of occupational disability, and regulations aimed at the control of this
hazard have been made law in a number of States. New Jersey, for
example, provides that employees in any process that exposes to lead
dust, fumes, or solutions must be protected by adequately lighted and
ventilated workrooms, floors cleaned by a wet or vacuum method,
devices to prevent contact with the dust or fumes, sufficient air ex
hausts, an efficient dust-collecting system, clean and adequately
equipped washrooms, adequate shower bath facilities, dressing rooms
with lockers separate from workrooms, clean lunchrooms separate
from _ workrooms, sanitary drinking fountains readily accessible,
sufficient work clothes kept clean and repaired at the employer’s
expense, respirators when necessary. The provisions of this act and
all instructions to employees must be posted in a conspicuous place.
These provisions are typical of those in Illinois, Missouri, Ohio, and
Pennsylvania. A number of other States include some of these
provisions.
In Illinois processes involving the use of or exposure to zinc, brass,
and paris green also are covered by these regulations. The Missouri
law regulates processes involving the use of antimony, arsenic, brass,
copper, mercury, phosphorus, zinc, or other poisonous substances, in
addition to lead.
Processes of work in foundries are regulated in several States. The
law of Minnesota has been taken as a model for such legislation bv
Dr. Goldberg.48
Work in compressed air is regulated in considerable detail in the
laws of Maine, New Jersey, New York, and Pennsylvania. These
regulations have been found to be effective in preventing caisson
disease. The hazard is principally in construction work.
Work in mines has been regulated by law in 35 States.
_ A considerable number of States provide that where moving abra
sives such as emery wheels are used, proper exhaust or blower systems
shall be installed to keep the air free from injurious dust.
A very few States have general statutes for the regulation of any
process that may result in any occupational disease. An act of the
Illinois Legislature is illustrative of this type of regulation. “Any
work or process that may produce any illness or disease peculiar to
the work or process carried on” is covered. It is the duty of the
employer to provide devices for the prevention of these diseases.
This section is not intended as a complete review of measures to
regulate occupational disease hazards, but will give merely a general
summary of the legislation considered necessary in some States to
protect employees in certain occupations. Authorities in States with
« For more complete data on this subject see U.S. Bureau of Labor Statistics series of reports of labor
laws. Bulletins 370, 403, 434, 470, 486, 528, 552, and Monthly Labor Review, April 1932.
46 Goldberg, Rosamond W. Occupational Diseases in Relation to Compensation and Health Insurance.
1931, pp. 123, 124,
3G
STATE REPORTING OF OCCUPATIONAL DISEASE
similar hazards and no regulation will find detailed study of the
examples cited of value.
Special rules issued by State labor authorities on certain occupations
with occupational disease hazard 47
With the increasing complexity of industrial life, labor legislation
has become a problem for very detailed and technical consideration.
In response to this need, powers have been given to specially organized
bodies within the States to formulate, as well as to administer, sani
tary regulations. The work of the industrial board of New York is an
example of this development. The act creating the board gave it
broad powers to make rules to prevent injuries and safeguard the
health of workers.48
Unlike the blanket acts applying to women workers specifically, the
general delegation of powers to administrative bodies has proved a
very valuable method of prevention. A few of their regulations have
been discussed where application was specifically to the employment
of women. The method makes possible acting on a hazardous
situation as it arises without the formality and delay of legislative
procedure.
In Wisconsin, for example, the legislature repealed its complicated
statutes on safety and laid down a general State policy, leaving the
details to the industrial commission.
The Wisconsin statute of 1911, amended in 1913 * * * requires
that every employer should furnish such employment, such a place of
employment, and such safety devices, safeguards, methods and processes,
as shall protect the life, health, safety, comfort, decency, and moral well
being of employees to the extent that, the nature of the employment or
place of employment will reasonably permit. The law then gives to the
commission authority to “investigate, ascertain, declare, and prescribe ’
what safety devices, safeguards, or other means or methods of protection
are best adapted to render the employees of every employment and place
of employment safe and to protect their life, health, safety, coimort,
decency,‘and moral well-being * * *. By means of this procedure
the laws can be adapted to every detail of modern industry. They can be
changed at any time when a further investigation shows new dangers or
new methods of prevention * * *. The commission is continually
investigating while it is enforcing the laws * * *.49
In the field of safety in industry—including accident as well as
disease hazard—fewer than half the States have used this method of
regulating hazardous processes.
.
In summarizing the regulations made by administrative bodies m
the States, only regulations specifically covering certain occupations
known to have disease hazards have been included; general require
ments, such as for respirators and exhaust systems, have been the
subject of orders in some States, but unless applied to specific occu
pations they are not included here. In addition to regulations bv
industry or'hazard, there are many valuable codes of more general
application, such as New Jersey’s “Sanitary and Engineering Indus
trial Standards”, Tennessee’s “Handbook of Industrial Safety
Standards”, and California’s “General Safety Orders”. For this
reason the following summary of regulations covering occupational
disease hazards is not complete.
n The State regulations summarized here are from the National Safety News, March 1930, State Safety
Requirements in Industry, compiled by R. H. Ferguson, safety engineer, National Safety Council, and
approved by each State.
« Cahill's Consolidated Laws, 1930, secs. 28-29.
,17-1,170
« Commons, J. R., and J. B. Andrews. Principles of Labor Legislation. New York, 1920, pp. 47M72.
PROTECTIVE LEGISLATION
37
One of the most important recent developments in the occurrence
of occupational disease is the use of spray painting in industry. It
occupies considerable numbers of women and constitutes an important
lead-poisoning hazard to many not actually employed as sprayers. A
number of States have endeavored to take care of this hazard as it
arose by codes of rides and regulations drawn up and enforced by
administrative boards. Colorado, Michigan, New Jersey, Pennsyl
vania, and Wisconsin have such codes for spray painting. New York
has regulations for the prevention of lead poisoning. Ohio has regu
lated work in potteries, some of which have a serious lead-poisoning
hazard.
The lead hazard in the printing trades has been regulated by New
York and Pennsylvania. New Jersey and Pennsylvania have set
safety standards for work with load corroders and lead oxidizers and
work exposing to nitro and amido compounds. In each State the
work of women is prohibited in these processes by the same regulation.
Massachusetts and New York have rulings specifically to prevent
anthrax. Furthermore, the handling of hides, skins, hair, wool, and
furs entering the United States has been regulated by a joint order of
the United States Department of Agriculture and Treasury Depart
ment in an effort to prevent anthrax infection.
Arizona, New Jersey, New York, Ohio, Oklahoma, Pennsylvania,
and Tennessee regulate the use of abrasive wheels.
•
The use or manufacture of chemicals in industry is regulated by
boards in New Jersey and Pennsylvania.
Dry cleaning and dyeing is the subject of administrative regulation
in Kansas, Michigan, New York, Ohio, Pennsylvania, and Utah.
Compressed-air equipment is specifically regulated by administra
tive bodies in 5 States 50 as well as by statute in 4 States.51 No doubt
this hazard is considered also in regulations governing the mining and
construction industries in some other States.
Mining and quarrying are the subjects of safety regulations in five
States.52 Work in foundries is regulated in five States.53
This is a very brief summary of the regulation of disease-producing
conditions in industry. It serves to give an idea of the extent of this
method of controlling the hazards in the vaiious States.
Prohibition of substances having occupational disease hazards
Because of its terrible effects, phosphorus poisoning was early recog
nized and much feeling developed for its absolute prevention by pro
hibition of the use of white phosphorus. Early in the 70’s Finland
and Denmark legislated against it and in 1897 its use was prohibited
in France. Other countries regulated the substance nationally, and
finally in 1906 the International Association for Labor Legislation
secured an international conference that resulted in a convention pro
viding for absolute prohibition of manufacture, importation, or sale
of matches made with white phosphorus. When the International
Labor Conference met in Washington in 1919 it was recommended
that nations that had not yet ratified this convention should do so.64 * 54
i0 California, Massachusetts, New York, Oregon, and Pennsylvania.
61 See p. 35.
M California, Colorado, New York, Pennsylvania, and Wisconsin.
68 Massachusetts, New York, Ohio, Pennsylvania, and Tennessee.
54 Commons, J. R., and J. B. Andrews. Principles of Labor Legislation. New York, 1920, pp. 354-355.
38
STATE REPORTING OP OCCUPATIONAL DISEASE
In the United States the Esch-Hughes Bill of 1912 laid a prohibitive
tax on the manufacture of white or yellow phosphorus matches and
forbade the importation or exportation of such matches.
Cases of phosphorus necrosis were found in factories making fire
works. Through the United States Bureau of Labor Statistics, an
agreement was signed by all manufacturers of fireworks using white
or yellow phosphorus that they would stop its use on or before August
15, 1926.
The International Labor Conference in 1921 adopted a convention
prohibiting the use of white lead and sulphate of lead and of all prod
ucts containing these pigments in the internal painting of buildings.
As the United States is not a member of the organization this country
has not participated in this prohibition.
OTHER COUNTRIES
For purposes of comparison it will be of interest here to add a brief
resume of the legislation in other countries protecting women or all
workers from occupational diseases. The material used is from recent
studies by the American Public Health Association and the Interna
tional Labor Office.55
WORKMEN’S COMPENSATION LEGISLATION
International
A draft convention on compensation for occupational diseases was
adopted by the International Labor Conference on June 10, 1925.
The diseases considered compensable are lead poisoning, mercury
poisoning, and anthrax infection. The industries in which these
diseases must occur in order to be compensated are enumerated.
Up to March 15, 1933, ratification had been registered by 22 coun
tries: Austria, Belgium, Bulgaria, Cuba, Czechoslovakia, Finland,
France, Germany, Great Britain, Hungary, India, Irish Free State,
Japan, Latvia, Luxemburg, Netherlands, Norway, Portugal, Spain,
Sweden, Switzerland, and Yugoslavia.
National
The two earliest laws passed covering employers’ liability for indus
trial accidents—Switzerland 1877 and Germany 1883—provided from
the beginning for the inclusion of industrial diseases. Later the legal
objection against freely admitting such diseases arose because of the
difficulty of determining with any degree of accuracy the causal con
nection between many diseases and their occupational origins.
Austria.—Austria has substantially the same compensation system
as that of Germany. The law was" passed in 1887 and modified in
1888 and 1917. In 1928 the workmen’s compensation act was ex
tended to cover diseases due to a specified list of substances.
Belgium.—In 1927 Belgium ratified the convention of the Interna
tional Labor Conference that provides for the compensating of occu
pational diseases in a limited way. Since tin's ratification a decree
has been issued listing poisons that will be compensated and the
industries or occupations in which these substances are a hazard.
Summarized from: Occupational Disease Legislation, report of committee on standard practices in the
compensation of occupational diseases, industrial hygiene section, American Public Health Association,
1831, ohs. I-IV; International Labor Office. Appendix to Report of the Director.XJeneva, 1833
PROTECTIVE LEGISLATION
39
The list may be extended by royal decree with the advice of a tech
nical committee. An occupational disease fund under the direction of
the ministry of labor and a council of five is maintained by a state
contribution and a tax on employers in the industries that present
these hazards.
Finland. Finland’s law of 1926 compensates for occupational
diseases contracted by workers using or producing specified sub
stances.
. France.—France still has a very limited schedule of compensable
diseases, though in July 1931 several new poisons were added and
important changes were made to cover additional symptoms of cer
tain poisons. _ The chief peculiarity of the French law is the idea of
making certain manifestations of occupational poisoning compensable
and excluding the same disease when characterized by other equally
important symptoms. The law has no provision for a simple method
of enlarging the list.
Germany.—An order of May 12, 1925, extended accident insurance
to 11 specified diseases. The federal insurance act of 1928 declared
that accident insurance shall apply to occupational diseases whether
caused by an accident or not. An order of 1929 listed 22 occupational
diseases and the industry and occupation covered by the accident
insurance law. Physicians are required to report every case or sus
pected case of occupational disease to the local insurance bureau.
Great Britain and Dominions.—The British act has two outstanding
points of superiority. The first is the system of appointing about
2,000 physicians who investigate reported cases of disease, visit the
factories that are operating under special regulations, and control the
issuance of working certificates in such industries. They are paid on
a pro rata basis for this work. If a workman is suffering from occu
pational disease, a detailed report must be made to the chief medical
officer. The physicians are paid a small fee for each report and fined
for omitting them. _ Also hygienic conditions are controlled by a corps
of medical factory inspectors.
. The second outstanding feature is the flexibility of the schedule of
diseases and the loose description of corresponding working processes.
New diseases or conditions may be included as they arise by a simple
decree of the secretary of state. Because of this fact the British
schedule system is not comparable to the disease schedules in the
United States.
The British Dominions have separate laws similar to the British act
but less extensive. Seven provinces in Canada have acts covering
occupational diseases; the laws follow closely the British law.
Greece.—The law adopted by Greece in* 1914 is almost an exact
reproduction of the French act of 1898. In 1920 the act was extended
to cover occupational diseases arising out of employment. A pro
fessional chemist with an approved diploma must be appointed in all
industries where there is risk of explosion or fire, poisoning from
chemicals, metals, or dyes, or risk of infections.
Italy—By a legislative act of 1929 Italy has extended compulsory
insurance to cover a scheduled list of poisons and diseases.
Mexico. In 24 of the 28 Mexican States occupational diseases are
compensable.
40
STATE REPORTING OF OCCUPATIONAL DISEASE
Portugal.—In Portugal all occupational diseases are compensable
through compulsory social insurance against industrial accidents,
providing the occupational nature of the disease can be proved.
Serb-Croat-Slovene Kingdom.—Compensation is payable in the
Serb-Croat-Slovene Kingdom for enumerated diseases, and in addition
for poisoning resulting from handling certain substances at work. The
list may be extended by the minister for social welfare.
South and Central America.—Workmen’s compensation laws are in
effect in 11 of the 20 South and Central American States. In 11 of the
16 laws enacted, occupational diseases are included under certain
specified conditions. In most cases, also, provision is made for an
authorized schedule of compensable diseases to be decreed. In three
countries such decree has not been issued.
.
Spain.—Since 1900 Spain has covered occupational disease in a law
that cites industries in which the employer is responsible for all bodily
lesions experienced by an employee during the course of or in conse
quence of his work. The industries included are those that produce
or use substances that are explosive or inflammable, unhealthy, and
toxic.
.
Sweden.—In an act of 1929 Sweden has provided for compensation
of a list of occupational diseases.
Switzerland.—In 1887 the federal council of Switzerland compiled
a list of 45 substances that when used or produced in industry might
give rise to specific occupational diseases. The list mentioned also
infection by smallpox, anthrax, and glanders. In 1906 accident insur
ance was made compulsory and occupational diseases were included
under accident insurance. A new and enlarged list went into effect
in 1920, and in 1927 the list was further increased.
Union qf Soviet Socialist Republics— One of the most elabmate
laws is the act in force since 1925 in the Union of Soviet Socialist
Republics. The diseases and processes are listed. Insured workers
must have been employed for a specified period, varying with the
process, before compensation is allowed. Compensation is based on
average wages earned during the 3 months preceding the disability.
PROHIBITION AND REGULATION OF UNHEATHY WORK55
International labor conference
“On two occupations the conference took decisions for the purpose
of preventing occupational poisoning in the case of women: At its
first session (Washington, 1919) and at its third session (Geneva, 1921).
In 1919, the International Labor Conference had on its agenda the
question of the employment of women and children on unhealthy
processes. After a long discussion, in the course of which it proved
impossible to arrive at a convention, * * * the conference
adopted a recommendation for the protection of women and children
against one of the most serious of industrial poisons, lead poisoning.
*
*
**
*
*
*
“Further—and this clause shows the intention of the conference to
promote general protection for all workers against lead poisoning, as
had already been done against phosphorus poisoning as technical prog» International Labor Office. Women’s Work Under Labor Law. Geneva, 1932.
PROTECTIVE LEGISLATION
41
ress permitted—-the conference recommended that in industries where
soluble lead compounds could be replaced by nontoxic substances,
the use of soluble lead compounds should be strictly regulated * * *.
“In 1921 the conference with this intention again resumed the study
of the problem of lead poisoning within the limited framework of the
use of white lead in painting.
“* * * The use of white lead is prohibited in the internal paint
ing of buildings, except for certain special categories of work where
great resistance is necessary. It was not possible at that date to
reach an agreement for the complete suppression of the use of white
lead, but in view of the study carried out in 1919, which had brought
to light the greater liability of women to lead poisoning and the
serious consequences of such poisoning on maternity, there was in
serted in article 3 of the convention a clause prohibiting the employ
ment of women on industrial painting involving the use of white lead,
sulphate of lead, or other products containing these pigments.
“The convention on white lead had, by July 1931, been ratified by
19 states: Austria, Belgium, Bulgaria, Chile, Cuba, Czechoslovakia,
Estonia, Finland, France, Greece, Hungary (conditionally), Latvia,
Luxemburg, Norway, Poland, Rumania, Spain, Sweden, and Yugo
slavia.
National legislation
“The chief industrial poisons with regard to which the employment
of women has been restricted are lead, mercury, phosphorus, and
arsenic.
“Lead poisoning has special attention from legislators. When the
Washington Conference met, preventive regulations against lead
poisoning, prohibiting the employment of women on industrial
operations which were considered particularly harmful, existed in the
following countries among others: Argentina (for the capital),
Australia (for the States of South Australia and Tasmania), Canada
(for the Provinces of Alberta and Ontario), Czechoslovakia, France,
Germany, Great Britain, Italy (for women under age), Japan,
Netherlands, Norway (for pregnant women), Poland, South Africa,
Spain, Switzerland, United States of America (for the States of
Pennsylvania and New Jersey), and Yugoslavia. Since that date
many of these States have supplemented these regulations.
*
*
*
*
*
*
*
“Other state members of the International Labor Organization which
would seem to have had no regulations of this kind in 1919 have also
taken definite steps to deal with this form of poisoning.
“The following are examples: The State of Victoria, in Australia, by
regulations of 12 November 1928 concerning white lead; Bolivia, by decree
of 21 September 1929 concerning the protection of women and children,
and Administrative Regulations (sec. 17); Belgium, by the order of 3f
October 1928, concerning white lead; Estonia, by the act of 20 May 1924,
concerning the employment of women, young persons and children (sec.
4); the following French possessions: Morocco, by decree of 21 January
1927, concerning unhealthy tasks prohibited for women and children;
Martinique, by order of 20 June 1927, on the same subject; Reunion, by
order of 16 December 1924, concerning health and safety, and appended
schedules A and C; India, by the act of 1922 to amend the factories act;
Japan, by the orderno. 13 of 7 June 1926, under the factories act (sec. 6,
VI, and VII, and 7); New Zealand, by the factories act of 1921-22 (sec.
27); Portugal, by decree no. 14535 of 1927 in pursuance of decree no. 14498
concerning the employment of women and children, etc.
42
STATE REPORTING OF OCCUPATIONAL DISEASE
“Moreover, the total prohibition of the employment of women in
operations involving a serious risk of poisoning has been adopted by
various other countries since 1919: e.g., Kumania, Switzerland, etc.
Certain states not members of the organization have also enacted
similar measures.
“An example can be found in the U.S.S.R., which has very strict regu
lations on the employment of women in unhealthy industries and which
has further prohibited their employment in operations which might cause
lead poisoning * * *.
“Special measures concerning women have also been frequently
adopted for the prevention of poisoning by mercury, arsenic, and
phosphorus. With regard to phosphorus poisoning, it was pointed
out above that the first steps to combat it were taken on a general
basis, since the Bern Convention of 1906 prohibited the use of white
phosphorus in the manufacture of matches and consequently protected
all workers, irrespective of their sex. By October 1930 this convention
had been ratified by 29 states, which is quite a high figure but does
not cover the whole world. Moreover, the convention suppresses
only one of the uses of white phosphorus, so that quite a number of
countries which, like France, had already ratified, or which, like
Portugal, had not, have prohibited the employment of women on
the manufacture of white phosphorus so as to insure their protection
against the risk of poisoning.
“In addition to these four important sources of poison, on the
subject of which numerous regulations have been issued, there are
other risks involved in the handling of certain chemicals; regulations
are often adopted concerning industrial operations involving manu
facture or use of the following substances: Chromium, chlorides, tin
salts, sulphuric, oxalic, nitric, picric, hydrochloric, and other acids,
carbon disulphide, benzene and its homologues, nitro and arnido
derivatives, tar, pitch, etc.
“In a few countries the distillation of naphtha, benzene, creosote,
and alcohol is also included among prohibited operations.
“The employment of women is also sometimes prohibited for
certain industrial operations where harmful products have to be
handled, such as work in potteries or in enamel factories. In un
healthy industries like those using slaughterhouse refuse, flaying
animals or preparing animal manure, glue, gelatin, etc., the employ
ment of women is frequently prohibited for certain operations. The
same holds good, in some countries, for industrial processes wThere
there is a danger of infection, as for example, rag cutting or shredding.
“In a great number of countries also women may not bo employed
on industial operations where dust is given off widely though unlikely
to give rise to poisoning or infection might cause irritation of the
tissues; for example, glass cutting and polishing and metal polishing,
whether with emery or by other processes.
“Work in unhealthy atmospheric conditions (for example at a
very high or a very low temperature) might also be classified among
unhealthy operations.
“ Regulation may here be effected either by fixing a minimum or maximum
temperature, as was done in the Netherlands by the decree of 10 August
1920 (see. 10), or by prohibiting certain operations, such as work at the
furnace mouth in glass works or metal foundries and the transport of
incandescent substances, as has been done in Argentina, Germany,
U.S.S.R., etc.
PROTECTIVE LEGISLATION
43
“Apart from the prohibition of the employment of women on
certain unhealthy operations some countries have, as was men
tioned, imposed special reservations for other types of employment.
These vary considerably, and the following may be noted as ex
amples: Prescription of a minimum air space for certain operations
proportionate to the danger involved in the operation; ventilation
appliances for withdrawal of emanations of harmful gas, fumes, and
dust; cooling apparatus or appliances for screening heat sources;
appliances for withdrawal of waste water in operations where large
quantities of water are required or for reducing the atmospheric
humidity when materials have to be handled in a moist state, as in
the spinning of certain fibers; provision of protective clothing and of
washing accommodation adequate to insure immediate attention to
personal cleanliness; satisfactory hygienic conditions in the premises;
prohibiting the taking of meals in workplaces, etc. Other legislative
provisions deal with special lighting for workshops in which women
are employed so as to protect their eyesight (e.g., in Bolivia and the
Netherlands).
“Reference may be made to a method adopted by some countries,
which requires a certificate of health before permitting the employ
ment of women in certain unhealthy industries.
“ This system has been adopted in the Netherlands, for instance, along
with other more general conditions (air space, ventilation, etc.) for regu
lating the employment of women in a great number of operations in the
chemical industry, in printing and other work where lead has to be handled,
and in certain operations where noxious dust is given off; grinding, lime
slaking, manufacture of peat litter, manufacture of briquettes, manu
facture of cotton wool, cleaning of feathers, kapok, etc., certain operations
in the tobacco industry where tobacco is treated in a dry condition, and
certain operations in the textile industry (order of 10 August 1920, sec.
35).”
Part IV.—ANALYSIS OF OCCUPATIONAL DISEASE STATISTICS
The final purpose of statistics is the deduction of general con
clusions from a coordination of particular observations. There is
scanty material here on which to base any conclusions, but certain
tendencies are apparent in the correlations of industrial disease with
sex, age, type of disease, trade process or occupation, and industry.
It is important that States publish occupational disease statistics
combining sex with these factors so that clear evidence may be ob
tained as to the causes underlying diseases of industry.
Sources and scope of data
Chart 1 following shows the extent of the publication of data on
the occurrence of occupational disease by States requiring the report
ing of such disease. It will be recalled that 12 States, the District of
Columbia, 2 Federal laws, Puerto Rico, Hawaii, and the Philippine
Islands include occupational diseases in workmen’s compensation
laws. Under these 18 laws, 9 State authorities have published some
reports of the occurrence of occupational disease in the period 1920 to
1931. Under the 20 laws requiring physicians in general practice to
report occupational disease cases to health authorities or factory
inspection divisions, four State authorities have published reports in
the period 1920 to 1931. Only 1 of the 6 States requiring reports
of periodical examinations in certain industries publish the results
of these examinations. One State publishes a statement of investi
gations and examinations made by its industrial hygiene division.
Since the laws are overlapping, only 11 States have published any
reports of the occurrence of occupational disease in this period.
Of more importance to this discussion are the States furnishing
data about cases of women suffering from occupational disease.
Chart 2 shows the character of this information available for the period
1920 to 1931 and gives its sources. Six States 1 have data on the
number of women injured by diseases of industry. The New Jersey
reports by sex (unpublished) cover only those cases reported by
physicians in general practice in the State, and since these are not
required by law they are so incomplete as to be of no value in the
following analysis. Of the five States with material complete enough
to be used, Connecticut has never published data by sex, and unpub
lished statistics have been used for some part of the period 1927 to
1931 for three other States.
All the 5 States discussed have reported the disease suffered from,
4 report the industry in which the disease was acquired, 4 have
some data as to the occupation of workers suffering from industrial
disease, 5 report the age of the injured, 3 the hazard involved, 3 the
extent of disability, 2 the cost of compensating occupational disease
cases, 1 the time lost, 1 the location, and 1 the nature of the injury
resulting from the disease.
i Connecticut, Illinois, Massachusetts, New Jersey, New York, and Ohio.
44
ANALYSIS OF OCCUPATIONAL DISEASE STATISTICS
45
1.—Published State reports1 of occupational diseases, 1920 to 1931, where
cases are required to be reported, and provided such reports were published at some
time from 1927 to 1931
Chart
A—BY DEPARTMENT CONNECTED WITH ENFORCEMENT IN STATES WHERE OCCU
PATIONAL DISEASES ARE COMPENSATED
State2
Period covered by published
reports3
1920, 1921, 1924 (first 6
mouths), 1924-25 to 1929
30; 1930, 1931.
Source
Annual reports of Industrial Accident Commission,
years ended June 30, 3921, 1922, 1924 to 3927; biennial
reports of Department of industrial Relations,
first, 1927-30, years ended June 30, and second, 1930
32, calendar years.
1921 to 1926, 1928 and 1929... Annual reports of Department of Labor, years ended
June 30, 3922 to 1927, 1929 and 1930.
April 1928 to January 1930—. Labor Bulletin of Department of Labor, February and
March 1930.
1919-20 to 1930-31.................... Annual reports of Department of Industrial Accidents,
years ended June 30, 1920 to 1931.
1919-20 to 1931-32...............
Biennial report of Department of Labor and Indus
tries, period ended June 30, 1920; biennial reports of
Industrial Commission, periods ended June 30, 1922
to 1932.
1931............................................ Annual report of Workmen’s Compensation Com
mission, 1931.
1927 to 1930......... ...................... Industrial Bulletin of Department of Labor, Septem
ber issue, 1928 to 1931.
1919-20 to 1929-30...............
Special bulletins of Department of Labor: No. 126,
September 1924, Analysis of workmen’s compensa
tion cases closed July 1,1922, to June 30,1923; no. 342,
March 1926, Compensation awards year ended June
30, 1924; Compensated accidents, July 1914 to Juno
1922; no. 144, June 1926, Some recent figures on acci
dents to women and minors; no. 152, August 1927,
Causes of compensated accidents, 2 years ended
June 30, 1926; no. 164, February 1950, Causes of com
pensated accidents, 3 years ended June 30, 1929; no.
176 [June 1932], Causes of compensated accidents,
year ended June 30, 1930.
1930............................................ Industrial Hygiene Bulletin published monthly by
Department of Labor, Division of Industrial Hy
giene, May 1931.
1921-22 to 1930-31.................... Annual reports of Department of Industrial Rela
tions, years ended June 30, 1922 to 1931.
1926........................................
Annual statistical report of Industrial Commission.
A detailed statistical study of all accident and occu
pational disease claims filed with the Industrial
Commission of Ohio during the calendar year 1926.
July 1, 1921, to Jan. 1, 1927 Special bulletins of Industrial Commission: Nos. 1 and
(5J^ years combined); 1927
2, Statistical reports of injuries to minors under 18
to 1929 (3 years com
years of age, occupational disease claims, additional
bined).
award claims. (No. 1 covers ail claims filed from
July 1, 1921, to Jan. 1, 1927, and no. 2 covers all
claims filed from Jan. 1, 1927, to Jan. 1, 1930.)
1920 to 1929...........................
For footnotes see end of chart.
Labor Statistics, Mar. 14, 1930.
46
STATE REPORTING OF OCCUPATIONAL DISEASE
Chart 1.—Published
State reports1 of occupational diseases, 1920 to 1931, where
cases are required to be reported, and provided such reports were published at some
time from 1927 to 1931—Continued
B— BY DEPARTMENT RECEIVING REPORTS OF INDIVIDUAL CASES FROM
PHYSICIANS
State 2
Period covered by published
reports 3 4
Source
1923-24 to 1929-30................
Annual reports of Department of Health, years ended
.1 une 30, 1924 to 1930.
1930...... ................
Annual report of Board of Health, 1930.
1919-20 to 1930-31..........
Annual reports of Department of Labor and Indus
tries, years ended Nov. 30, 1920 to 1931.
May 15, 1913, to Aug. 4, 1921
(combined), and Aug. 4,
1921, to Dec. 31,1929 (com
bined); 1926 to 1929.
1920-21 to 1924-25 (5 years
combined).
Thirty-first report of Department of Health, July 1,
1915, to Dee. 31, 1929.
July 1, 1925, to Dec. 31, 1927
{2x2 years combined).
/
Occupational diseases reported to the Ohio State De
partment of Health for the 5-year period ending
June 30, 1925, by E. R. Hayhurst and D. J. Kindel,
in Journal of Industrial Hygiene, April 1926.
Recent trends in occupational diseases in Ohio, by
Byron E. Neiswander and Emery R. Hayhurst, in
Ohio State Medical Journal, January 1929.
C.— BY DEPARTMENT RECEIVING REPORTS OF PERIODIC EXAMINATIONS IN
CERTAIN INDUSTRIES
1919-20 to 1929- 30
1920-21, 1921-22, 1924-25 to
1929-30.
Annual reports of Department of Labor, years ended
June 30, 1920 to 1930.
Annua] reports of Dopartment of Public Health, years
ended June 30, 1921, 1922, 1925 to 1930.
D.-BY DEPARTMENT MAKING REGULAR INVESTIGATIONS
1927 to 1931............................... Industrial Bulletin of Department of Labor, Septem
ber issue, 1927 to 1931.
1 Unpublished data for a later period have been furnished by some of these States. See chart 2 and
table 1. Scattered reports dealing in detail with data cited here are not included, nor are studies of special
diseases, studies of diseases occurring to minors, monthly fatality reports, etc.
2 In addition to the States shown here, occupational disease cases are included in reports of Kentucky,
North Dakota, U.S. Employees’ Compensation Commission, and New Jersey Industrial Bulletin monthly
reports, but since they appear as individual diseases or causes or are under “poisonous and corrosive sub
stances", etc., and are not grouped as occupational disease, they are not listed here.
3 The following examples illustrate the system used in indicating periods covered: 1920—calender year;
1919-20—other than calendar year; 1920 to 1931—all calendar years, inclusively; 1919-20 to 1930-31—other
than calendar years, inclusively.
4 Provision for coverage of occupational disease was not made till 1931, so earlier reports not included,
although they do show cases occurring designated as occupational disease.
>4.
Chart 2.—Extent of information on occupational diseases occurring to women, 1920 to 1931, for States where occupational diseases are compensated
or required to be reported
Type of information
Connecticut: Division of Oc
cupational Diseases, De
partment of Health.
Illinois: Industrial Commis
sion.
Period covered by reports 1
1928....................
Cases occurring (of more
than 1 week’s disability).
Cases occurring (of more
than 1 week’s disability);
closed compensable cases,
do....... ................................ Unpublished statistics furnished by Department of
Labor.
Replies to questionnaires on Labor Bulletin, Department of Labor, February and
March 1930.
cases reported.
Cases investigated following Annual Reports of Department of Labor and Industries,
years ended Nov. 30, 1926 to 1931.
report by physicians treat
ing case.
1930.
1925-26 to 1930-31..................... .
1924-25................................. ............
1930...v................................................
1930-31................... ............................ .
1920-21 to 1924-25 (5 years com
bined).
July 1, 1925 to Dec. 31, 1927 (2%
years combined).
1925-20 to 1929-30 (5 years com
bined) .
1930.
1931.
For footnotes see end of chart
Unpublished statistics for the years ended June 30,
1930 and 1931, furnished by Division of Occupational
Diseases, Department of Health.
Annual Report of Department of Labor, year ended
June 30, 1928.
Annual Report of Department of Labor, year ended
June 30, 1929.
Cases reported by physi
cians.
April 1928 to January 1930______
Ohio: Division of Industrial
Hygiene, Department of
Health.
Source
1929-30,1930-31.
1929__________
Massachusetts: Division of
Industrial Safety, Depart
ment of Labor and Indus
tries.
New York: Industrial Com
mission.
Cases tabulated
Closed compensable cases... Special bulletin of Department of Labor, no. 144, June
1926. Some recent figures on accidents to women
and minors.
(2)---.................-............................................... Unpublished statistics furnished by Division of In
dustrial Hygiene, Department of Labor.
Closed compensable cases... Unpublished statistics for year ended June 30, 1931, fur
nished by Department of Labor.
Occupational diseases reported to Ohio State Depart
Cases reported
ment of Health for the 5-year period ending June 30,
1925, by E. R. Hayhurst and D. J. Kindel, in Journal
of Industrial Hygiene, April 1926.
Recent trends in occupational diseases in Ohio, by B .E.
____do
Neiswander and E. R. Hayhurst, in Ohio State Med
ical Journal, January 1929, and mimeographed tables
from Department of Health.
Unpublished statistics for the period ended June 30,
do
1930, furnished by Division of Industrial Hygiene,
Department of Health.
Unpublished statistics furnished by Division of Indus
.do
trial Hygiene, Department of Health.
.do
Do.
ANALYSIS OF OCCUPATIONAL DISEASE STATISTICS
Number injured
State and department
recording data
Chart 2.—Extent oj information on occupational diseases occurring to women, 1920 to 1931, for States where occupational diseases are compensated
4*-
or required to be reported—Continued
0°
Type of information
Connecticut—
Illinois_______
Massachusetts.
New York___
Ohio...... ...........
Industry.
Connecticut.
Illinois..........
Massachusetts.
Ohio..............
Occupation.
Connecticut.
Illinois..........
Massachusetts.
Ohio............ .
Age.
Connecticut...
Illinois______
Massachusetts.
Period covered by reports1
Cases tabulated
Source
1929-30, 1930-31_________________ Same as for number injured. Same as for number injured.
April 1928 to January 1930...........
Labor Bulletin, March 1930.
1927-28 to 1930-31........................ ......
Annual reports of Department of Labor and Industries
for the years ended Nov. 30, 1928 to 1931.
1924-25................................ .............
Same as for number injured.
1930_____________ ____ ______ ___
Do.
1920-21 to 1924-25 (5 years com
Do.
bined).
July 1, 1925 to Dec. 31, 1927 WA
Do.
years combined).
1925-26 to 1929-30 (5 years com
bined).
1930.______ _______ ____________
Do.
1931................................................... .
Do.
1930-31................................... ............. ----- do........................................
Do.
1928.__________ ________________ ___ do_________ _________
Do.
1929....................................................... Cases occurring (of more
Do.
than 1 week’s disability).
1930______________ _____________ ___ do___ ;
Do.
April 1928 to January 1930............... Same as for number injured. Labor Bulletin, February 19301928-29 to 1930-31_______________ ___ do____________ ______
Same as for disease.
1920-21 to 1924-25 (5 years com ___ do........................................ Same as for number injured
bined).
1925-26 to 1929-30 (5 years com ----- do........................................
Do.
bined) .
1931.
do
Do.
1930-31________ ________________
April 1928 to January 1930 (some
discussion of lead-poisoning
cases only).
1927-28 to 1930-31 (no complete
tabulations by occupation).
1920-21 to 1924-25 (5 years com
bined) .
1925-26 to 1929-30 (5 years com
bined).
1931-.....................................................
1930-31—____ ___________
April 1928 to January 1930.
1928-29 to 1930-31___ ____
do.
do.
.do.
do
do.
do.
.do.
do.
do.
Do.
Same as for disease.
Do.
Same as for number injured.
Do.
Do.
Do.
Same as for industry.
Same as for disease.
STATE REPORTING OE OCCUPATIONAL DISEASE
Disease
State and department
recording data
>
New York..
1924-25 (ages for those under 21
only).
1930-31
___do........................................... Same as for number injured.
I)o.
Do.
Ohio..............
Hazard.
Do.
Do.
1929-30, 1930-31__ —........ .............
1920-21 to 1924-25 (5 years com
bined; dermatitis cases only).
July 1, 1925, to Dec, 31, 1927 (2A
years combined; dermatitis
cases only).
1925-26 to 1929-30 (5 years com
bined; dermatitis cases only).
Do.
Do.
Do.
New York----1929
1930
.................................................- Same as for industry............
.............................-
Location of injury..
Illinois----------
Nature of injury___
___ do...............
Extent of disability.
___ do...............
1929 .................................................... -
Closed compensable cases...
Massachusetts
1925-26 to 1930-31 (number of fatal
cases only).
Same as for number injured.
Do.
Do.
New York.__
Time lost______________ ___ do.............
1930-31
Cost of compensation------ Illinois..............
1929
New York___
Do.
Do.
1930-31
................... ..............
........................ ........................ Closed compensable cases__
...... .......................... Same as for number injured.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
i The following examples illustrate the system used in indicating periods covered: 1920—calendar year; 1919-20—other than calendar year; 1920 to 1931 all calendar years, inclu
sively; 1919-20 to 1930-31—other than calendar years, inclusively.
^
a
. ,
,
,.
i These data from the Division of Industrial Hygiene include records from up-state Labor Department offices and from the calendar of compensation cases.
ANALYSIS OF OCCUPATIONAL DISEASE STATISTICS
Connecticut.
Ohio.......... .
CO
50
STATE REPORTING OF OCCUPATIONAL DISEASE
Comparability of data
Several factors affect the validity of a comparison of occupational
disease reports of the various States. One of these factors is differ
ences in their legal definitions of occupational disease, variations
that have been discussed in connection with the legal requirements
for compensation and reporting and are reviewed in the following
discussion for States reporting by sex.
A second limitation is set by the type of cases tabulated in each
State. Some States tabulate only closed compensable cases, some
tabulate all cases reported by physicians, and others all cases reported
by employers to compensation authority. One State compensation
authority gives some information for all cases occurring (where
disability is more than 1 week) and some for all cases closed during
the year. Charts 1 and 2 outline these differences.
Each State classifies its material differently. Tho list of diseases
varies from State to State according to the different industrial hazards
presented. Age groupings and industrial groupings vary in the
States that tabulate these data.
Completeness of data
A further limitation to a comparison of these States is set by the
varying completeness of the data. Cases of occupational disease
reported almost certainly represent a considerably smaller proportion
of all the cases actually occurring than do cases of accidents reported,
because their required reporting is more recent and because they are
not always easily recognized as occupational. In States where this
problem has received attention from legislative and enforcing bodies
for a number of years the reports may be considered more complete
than in States where interest is recent.
It might be expected that States having the broadest definitions
of occupational disease would have the most complete statistics of its
occurrence. This is not always the case. The States having the
broadest inclusion of occupational disease are those receiving reports
from physicians in general practice. The disadvantages of these
reporting laws in enforcement and in lack of industrially trained
physicians have been mentioned. They are emphasized further in
the following discussion for States where data are available by sex.
Reports are made not only to accident commissions but in some
cases to health and labor departments. (See appendixes III and IV.)
In Ohio, Connecticut, and Massachusetts only the health or labor
department has statistics available by sex, but the total reports
received (not by sex) compared with the number reported by the
compensation authority furnishes an interesting check on the com
pleteness of the reports.
Connecticut.—In Connecticut the State department of health has
investigated the files of the superior court to learn whether all cases
compensated were reported to the health department during the
fiscal years 1930 and 1931. According to court records about 200
of the compensated cases had not been reported in 1930, 250 had not
been reported in 1931.3 This does not represent the full under-report
ing, because cases filed in the superior court have lost at least a week’s
time from work. Moreover, the definition given to occupational
disease by the law requiring reporting to the health department is*
* Connecticut. Department of Health. Annual reports, 1930 and 1931.
51
ANALYSIS OF OCCUPATIONAL DISEASE STATISTICS
much broader than that requiring reporting to the compensation
commissioner. The compensation law definition reads: “* * *
shall mean a disease peculiar to the occupation in which the employee
was engaged and due to causes in excess of the ordinary hazards of
employment as such.” The law under which reports of occupational
diseases are required to be made to the State department of health
reads: “Each physician having knowledge of any person whom he
believes to be suffering from lead, phosphorus, * * * or any
other disease contracted as a result of the nature of employment
of such person * *
The number reported to the health department in the fiscal year
1930 was 485. Of these 45 were women. In 1931, 141 cases were
reported to the health department, 46 being women.
The census of 1930 reported 309,465 workers engaged in manufac
turing and mechanical industries in this State. Of this number
17.9 percent were women.
Ohio.—In Ohio, where occupational disease began to receive atten
tion in 1913 and to be recognized as reportable in 1920, a much more
complete report of cases is available. In 1920 the State department
of health extended its specified list of occupational diseases and em
phasized that all occupational diseases were reportable. In 1921, 15
diseases or poisonings were incorporated in the workmen’s compensa
tion law. Most of the reports received by the State department of
health come under this schedule, but noncompensable disease reports
are received also.* Reports received by the health department are
3
summarized as follows:4
Number of compensable cases
Period covered
Number of noncompensable
cases
Total
5 years ended June 30:
1925
1930
Year ended Dec. 31:
1930
1931
Male
3, 191
5, 906
2, 781
5, 179
410
727
35
460
1, 239
1, 217
1, 002
1, 004
177
213
96
92
Female
Total
Male
33
427
8866
Female
2
33
8
26
The increase in reported occupational diseases from the first to the
second 5-year period is due partly to the increase in the number of
cases reported as a result of the information spread by the department
of health and the department of industrial relations, and partly to the
inclusion of tenosynovitis cases as occupational disease in 1929 and
later years.
In 1930 the number reported to the health department was some
what less than the number reported to the industrial commission for
compensation, but in 1931 the opposite was true.
In 1930, 991,242 persons were gainfully employed in manufacturing
and mechanical industries in Ohio and 10.3 percent of these were
women.
New York.—Occupational disease is reported to the industrial com
missioner of the State of New York on the same basis as industrial acci
3 Neiswander. Byron li., and Emery S. Hayhurst. Recent Trends in Occupational Diseases in Ohio
Reprint from Ohio State Medical Journal, January 1929, p. 1,
3 .For sources of information see chart 2.
52
STATE REPORTING OF OCCUPATIONAL DISEASE
dents. Only those diseases scheduled as compensable are reportable,
and only closed compensable cases with a minimum period of disability
of more than 1 week are tabulated. A total of 423 closed compensable
cases were tabulated for the year 1929-30. In 1930-31 the number of
closed cases compensated decreased to 365.
The cases tabulated by the industrial hygiene division in 1930 in
clude records from the up-State labor offices and cases from the ref
eree’s calendar in New York City in connection with the workmen’s
compensation act. The division recorded in its combined roster 786
cases of occupational disease in the calendar year 1930. Of these, 445
were obtained from records of the up-State labor department offices
and 341 were from the calendar of workmen’s compensation cases.
The numbers of women reported were 23 of the 786 cases reported to
the division of industrial hygiene in 1930 and 23 of the 365 reported as
compensated by the industrial commission in 1930-31.
The 1930 census of occupations reported 1,866,374 gainful workers
in manufacturing and mechanical industries in New York State. Of
these 16 percent were women.
Illinois.—Illinois receives occupational disease reports through the
State industrial commission and tabulates them as accidents are tabu
lated. Only compensable cases are included. These comprise dis
eases that appear in the very limited schedule in the workmen’s
compensation law, cases of which have been incapacitated for a
period of more than 1 week. Because of this limitation, the figures
are small. But even with this in mind, the total of 248 cases (4
women) occurring in 1928, of 411 (12 women) in 1929, and of 340 (30
women) in 1930, seems due largely to under-reporting.
Illinois had 1,035,696 workers in manufacturing and mechanical
industries in 1930,12.1 percent of them women, according to the census
of occupations.
Massachusetts.—The division of industrial safety of the Massachu
setts Department of Labor and Industries receives reports of occupa
tional diseases from physicians attending patients whom they believe
to be suffering from disease contracted as a result of their employment.
Occupational disease is reported also to the department of industrial
accidents. In this State an injury is tabulated if it incapacitates for
as little as one shift. In the year 1930-31 the department of industrial
accidents tabulated 1,038 occupational diseases reported. The divi
sion of industrial safety received reports of and investigated 447 cases
of occupational disease, 72 of which were women.
Reports of the division of industrial safety for the years ending
November 30, 1926 to 1931, are classified by sex as follows:5
Number of cases
Period covered
Total
Year ended Nov. 30—■
1920
1927
1928
1929__________
1930
1931____________
fFor sources of information see chart 2.
Male
254
247
292
554
389
447
242
222
260
493
348
375
'
Female
12
25
32
61
41
72
53
ANALYSIS OF OCCUPATIONAL DISEASE STATISTICS
Of the gainfully employed in Massachusetts in 1930, 773,293 were
in manufacturing and mechanical industries, according to the census
of occupations. About 21 percent of these were women.
Occupational disease in relation to all injuries
In table 1 an analysis has been made of the proportion that occupa
tional disease reported is of all injuries reported in States for winch
both totals are obtainable. These include, in addition to 4 of the 5
States discussed by sex, California, Minnesota, New Jersey, and Wis
consin, in which data by sex are not available. The figures given are
from workmen’s compensation sources, so total injuries and occupa
tional disease cases are reported on the same basis. The most recent
report year available has been used.
1.—Number and proportion of cases of occupational disease among all inju
ries tabulated, in States where occupational disease is compensated and statistics
are obtainable from department connected with enforcement
Table
State * *
Most recent
year reported
1931 3.........
1930.................
Ohio.
Y ear ended
June 30,
1931.
___do-............
1931.................
Cases
tabulated
98, 424
365
0.4
42, 336
cases occurring (of more
than 1 week
disability)4.
Claims filed. — 185,075
340
.8
1,251
.7
50, 006
1,038
2.1
23,208
298
1.3
70,076
1,860
2.7
22,630
414
1.8
29,825
170
.6
pensable
cases.
more than 1
day or shift.
pensable
cases.
more than 1
day.
1929-.......... .
Minnesota
Year ended
June 30,
1931 «.
Percent
Occu occupa
tional
pa
All inju tional disease
ries re disease forms
of all
ported
cases
injuries
re
ported
re
ported
pensable
cases.
Cases closed...
Source
Department of Labor, cost
of compensation, 2 years,
1930 and 1931, and unpublished statistics from same
department.
nished by Department of
Labor.
Annual report of Department of Industrial Relations. 1931.
of Industrial
1931.
Accidents,
Department of Labor.
ment of Industrial Relations, 1930-32.
1930, and May 12, 1932.
Biennial report of Industrial
Commission, 1932.
1 In addition to the States shown here, occupational diseases are included in reports of Kentucky, North
Dakota, and U.S. Employees’ Compensation Commission, but since they appear as individual diseases or
causes or are under “poisonous and corrosive substances”, etc., and are not grouped as “occupational dis
ease”, they cannot be used here. Although some statistics are available for Missouri, they are not included
because occupational disease was not covered by the compensation law until 1931, when employers and em
ployees could voluntarily elect to make such diseases compensable.
2 Ranked according to number engaged in manufacturing and mechanical industries (1930 census of
occupations).
3 Occupational disease cases, report year ended June 30; all injuries, report year ended Dec. 31.
4 Closed compensable cases—all injuries, 45,921, occupational disease cases, 358, percent, 0.8.
* Average of the 2-year period ended June 30, 1932.
Keeping in mind under-reporting due to the particular difficulties
connected with recognizing an industrial disease, proving its occupa
tional connection, and, in five of these States, bringing it under a
specified list of diseases and hazards, it still would appear that occu
54
STATE REPORTING OF OCCUPATIONAL DISEASE
pational disease constitutes only a small part of the total number of
injuries occurring.
Although, for the reasons already discussed, the numbers injured in
one State are not exactly comparable with those in another, two
important facts are substantiated by analyzing the percentage occu
pational disease forms of all injuries tabulated and the total numbers
of occupational disease cases reported by each State: (1) In the
States including occupational disease in general in the compensation
act and not under a specified list of diseases and processes, this
group forms a larger proportion of all injuries; (2) the fact that the
occupational disease data are not a good index of the actual hazard
in each State is evident from a comparison of the numbers reported
with the rank of the State in manufacturing.
California, Massachusetts, and Wisconsin compensate all occupa
tional disease without reference to a fixed schedule. Occupational
diseases are 2.7 percent of all the injuries tabulated by the California
Industrial Commission. In Wisconsin and Massachusetts occupa
tional disease cases are respectively 1.8 percent and 2.1 percent of the
total injuries tabulated. These percentages are sufficiently greater
than those in the five States having schedules of disease to be of some
significance. New Jersey ranks fourth with 1.3 percent. In Illinois
this group is 0.8 percent of all injuries tabulated, in Ohio 0.7 percent,
in Minnesota 0.6 percent, and in New York 0.4 percent.
The States in table 1 are arranged according to the number em
ployed in manufacturing and mechanical industries as reported in the
1930 census of occupations, since these industries have the greatest
occupational disease hazard. California, ranking sixth in manu
facturing, reports the greatest number of occupational disease in
juries disabling for more than 1 day, Wisconsin, ranking seventh,
reports only nine less than New York, which ranks first, and both
report closed compensable cases. Going -on through the numbers
reported by each State it is evident that there is no connection between
the number of cases tabulated and the occupational disease hazard
presented by each State. While this may be partly the result of
more under-reporting in one State than in another, it is due chiefly
to differences in the coverage of the compensation laws. It shows
that in some States this coverage is not filling the need.
Severity of occupational disease in comparison to all injuries
While the occupational diseases reported account for only a small
proportion of the number of injuries occurring, there is evidence that
they are more severe than the average of all injuries. Table 2 com
pares the percent of all injuries resulting fatally with the percent of
occupational disease injuries resulting fatally in the States where such
information was obtainable from compensation authorities, from
1927 to 1931.
_
Yearly statistics of industrial injury and disease as reported to the
factory inspection department of Great Britain have been summarized
in this table showing the proportion of each resulting fatally. Only
diseases listed by law as reportable (see footnote 5 of table 2) are
represented here. In the majority of reports tabulated the proportion
of fatalities was greater for occupational diseases than for all injuries.
In the British statistics the contrast in fatalities due to accidents
and those due to occupational disease is striking: In occupational
ANALYSIS OF OCCUPATIONAL DISEASE STATISTICS
55
disease the cases terminating fatally are from 11.8 percent to 16.6
percent of all cases reported, while among accidents the fatal cases
are 0.6 or 0.7 percent of all cases.
Table 2.—Percent fatalities form of all injuries and of occupational disease, by State1
Percent of
all injuries
resulting
fatally
Year
Percent of all
occupational
disease cases
resulting
fatally
CALIFORNIA
1927 2...........................
1928 2
1929 2
1930 2...................... ..........
1930
1931
0.8
.7
.6
.8
.8
.7
NEW JERSEY
0.2
.0
.3
.1
.3
.2
1927. ................................
1928................................. .
1929
1930
1931_____________ ____
0.9
1.2
1.0
1.2
1.2
3.1
1.1
1.2
1.2
1. 2
1.2
0.7
3.8
1.4
1.0
1.1
1.1
2.0
2.5
2.7
4.6
3.4
2.9
2.3
NEW YORK
ILLINOIS
1929________ ____ _____
1930--._______________
Percent of Percent of all
all injuries occupational
resulting disease cases
resulting
fatally
fatally
Year
1.3
r.4
1.0
1.8
1927 2
1928 2________ _____ —
1929 2_-_______________
1930 2___________
19313................... ..............
MASSACHUSETTS
2.7
WISCONSIN <
1927
1928
1929
1930
1931
2_._________ _____
2
2
2
2............................ .
0.5
.6
.6
.6
.6
1.2
1.6
1.7
1.2
1.3
MINNESOTA
1927 K_______________
1928 2
1929 2___ ____ _________
1930 2
1931 2»................................
0.7
.6
1.2
1.3
.7
1927..................-...........1928. ______ __________
1929
GREAT BRITAIN ‘
0.0
.9
.0
.7
.3
1927____________ _____
1928
1929
1930_____________ ____
1931____________ _____
0.0
.6
.6
.6
.7
13.6
16.6
14.7
11.8
16.1
1 Source: California.—Annual report of industrial commission, 1927, and biennial reports of department of
industrial relations, 1927-30 and 1930-32. Illinois.—Annual report of department of labor, 1930, and un
published statistics from same department. Massachusetts.—Annual reports of department of industrial
accidents, 1927 to 1931. Minnesota— Biennial reports of industrial commission, 1927-28 to 1931-32. New
Jersey.—September issue of Industrial Bulletin, 1928 to 1931, and unpublished statistics from department of
labor. New York—Special bulletins of department of labor, nos. 164, 176, and 178, and unpublished sta
tistics from same department. Wisconsin.—Labor Statistics, Mar. 14, 1930, and May 12, 1932. Great
Britain— Annual reports of chief inspector of factories and workshops, 1927 to 1931.
2 Fiscal year ending June 30.
3 Calendar year for all injuries and fiscal year ending June 30 for occupational disease.
* Includes permanent total disability.
Occupational diseases reported include poisoning by lead, mercury, phosphorus, arsenic, carbon
bisulphide, aniline, benzene (chronic), and anthrax, chrome ulceration, epitheliomatous ulceration, toxic
jaundice.
6 Average of the 2-year period ended June 30, 1932.
The reports of the Department of Industrial Accidents of Massa
chusetts also tabulate the average time lost per case by cause of injury.
In 1931 and in 1930 occupational disease ranked fourth in average days
lost. In 1929 and in 1928 this type of injury ranked third. In 1927
it was second in the distribution. Each year occupational disease
was tenth, next to the lowest, in the actual number of cases by cause.
At least in part, this greater severity is due to the fact that occu
pational diseases often are not recognized until they have reached a
serious stage.
56
STATE REPORTING OF OCCUPATIONAL DISEASE
OCCUPATIONAL DISEASE BY SEX IN FIVE STATES
Number of cases by sex
Table 3 summarizes industrial disease cases occurring to men and
to women in the most recent year reported in the five States that have
adequate material by sex.
Table 3.—Number of occupational disease cases in most recent year reported, 5
States that tabulate data by sex
[For sources of information see chart 2]
Occupational disease cases reported
State and source
Female
Period covered
Total
Male
Number
Connecticut (health department)----Illinois (industrial commission)------Massachusetts (division of industrial
safety).
. .
New York (industrial commission).Ohio (division of industrial hygiene).
95
Year ended June 30,1931. _
1930___________ _____ _____
Year ended Nov. 30,1931----
141
340
447
375
Year ended June 30, 1931---1931................. ....................—-
365
1, 309
342
1, 070
Percent
of total
46
30
72
32.6
23
6.3
There is some reason to believe that the under-reporting of indus
trial disease cases, as of accidents, applies more to women than to
men, because women are not so well informed of their rights and usu
ally are not so aggressive in presenting their claims. In Ohio, where
reporting is most complete, women are a larger proportion of the total
than in any other State but Connecticut. As is the case with indus
trial accidents, women form a relatively small proportion of the total
of those reported to be suffering from industrial diseases. The same
difficulty in interpreting the data that obtains with accident figures is
met with here—namely, that it is not possible to get records of the
number of persons exposed to such diseases, whether for men and
women separately or for the two combined.
Age distribution
Reports from Connecticut, Illinois, Massachusetts, New York, and
Ohio supplying information on the ages of persons suffering from
occupational disease are shown in table 4. Connecticut gives these
data for women only, the other States for both women and men.
Analysis of the age reports emphasizes an important fact already
pointed out by other studies: As in the case of accidents, a much
larger proportion of women than of men are in the younger groups.
This follows partly from the fact that a larger proportion of all women
than of all men gainfully occupied are in the younger groups. It also
adds support to an argument for special protection of young persons,
particularly of young women.
The 1930 census of occupations shows less than one-fifth of the
women employed in Connecticut to have been under 20 years of age,
but this age group had 11 of the 28 occupational disease cases with
age reported that occurred to women in the year ending June 30, 1931.
In 1930, 15.4 percent of the gainfully employed women of Illinois
were under the age of 20, but women 20 years of age and under
accounted for 13 of the 33 occupational disease cases with age reported
57
ANALYSIS OP OCCUPATIONAL DISEASE STATISTICS
that occurred to women in the period April 1928 to January 1930.
Men 20 years of age and under comprised about one-fifteenth of the
cases of occupational disease to men, and approximately the same
proportion of men gainfully occupied were under 20 years.
In Massachusetts the 3 years in which age has been reported have
been combined, because the larger numbers give a more reliable series
of proportions. Less than one-seventh—13.6 percent—of the women
gainfully employed in this State in 1930 were under 20 years. In the
3-year period ending November 30, 1931, the group 20 years of age
and under accounted for almost one-fourth (24.1 percent) of the occu
pational disease cases of women. Men under 20 were 6.2 percent of
the gainfully occupied men in Massachusetts in 1930, and in the
3-year period tabulated men 20 years of age and less were 9.2 percent
of the occupational disease cases of men.
Table 4.—Sex and age of occupational disease cases reported, by Stale
[For sources of information see chart 2]
Number
Number
Age group (years)
Age group (years)
Male
Female
CONNECTICUT—YEAR ENDED JUNE 30,
1931
w
46
Not reporting_________ _____
Total reporting._________
18
28
Under 18_________
18 to 19___________
20 to 24.......... ................
25 to 34________ ____ _
35 to 44__________ _
45 to 54________
3
8
7
6
3
1
ILLINOIS—APRIL 1928 TO JANUARY 1930
Total..... ....................
Not reporting
Under 18..............................
18 to 20...... .............. .
21 to 29.......... ............
30 to 39_____________
34
10
395
1
33
4
22
156
123
90
4
9
6
11
3
Total................ .............
1 Data not available.
1,216
174
36
76
334
304
274
136
56
22
53
42
34
3
Female
NEW YORK—YEAR ENDED JUNE 30, 1931
Total______ _______
342
23
Not reporting_________ _
Total reporting_________
17
325
2
21
Under 20___ _______
20 to 29_________
30 to 39________
40 to 49______________
50 to 59........... .........
60 to 69-.............
11
130
74
74
28
5
3
OHIO—CALENDAR YEAR 1931
Total. .................
405
MASSACHUSETTS—3 YEARS ENDED
NOVEMBER 30, 1931
Under 18___________
18 to 20. _________
21 to 30.......... .......
31 to 40_______________
41 to 50. _______ _______
61 to 60.-__________
61 and over______ ____ ___
Male
1,070
239
Not reporting_____ ____
Total reporting. _______
110
960
15
224
Under 20.......... ___
20 to 24_________ _____
25 to 29____________
30 to 34_______________
35 to 39..____________
40 to 44...... ............
45 to 49___________
50 to 54_________
55 to 59_________
60 and over........................
48
157
161
134
127
113
67
75
42
36
69
39
35
19
11
12
4
4
3
58
STATE REPORTING OF OCCUPATIONAL DISEASE
Less than one-sixth of the employed women in New York in 1930
were under 20 years of age, but practically one-fourth of the cases
of occupational disease among women in the year ended -June 30,
1931, were under 20. Men under 20 were only 3.4 percent of the
occupational disease cases of men during that year, though they
were 6.1 percent of all occupied men in 1930.
In Ohio, 13.1 percent of the gainfully employed women in 1930
were in the age group under 20 years, and this group had 12.5 per
cent of the occupational disease cases of women in 1931. The percent
of all gainfully employed women in 1930 who were under 25 years was
36.2, but women under 25 were 43.3 percent of all the occupational
disease cases of women in 1931. A similar situation was true of men.
Men under 20 were 5.4 percent of all gainfully occupied men and
5 percent of the men’s occupational disease total, but men under 25
were 17.3 percent of all gainfully occupied men and 21.4 percent of all
men’s occupational disease cases.
Type of disease
All the States reporting furnished data on the type of disease.
This material is not comparable, however. For each State the
classification of diseases is different, and the varying industries car
ried on in the five States make each list of diseases almost entirely
different from every other.
Dermatitis.—Dermatitis is the most common type of disease
reported as affecting women workers. The data relating to this
subject, available from five States, are shown for the most recent
period in table 5.
Skin irritations or dermatoses may be produced, when conditions
are favorable, by almost any substance with which the worker comes
in contact in the course of his occupation, according to the evidence
of these reports. Illinois found, of the 86 cases reported in the period
April 1928 to January 1930, that not more than 7 appeared in any
one industry and that at least 55 substances were given as possible
causes of the skin diseases reported. Sixty-five of these cases were
men, 21 were Women. The proportion of women was 24.4 percent
in this group, compared with 7.7 percent for all kinds of occupational
disease.
By far the greater number of cases reported to both men and
women in Ohio come under the class of skin affections. Of the total
of 1,239 compensable cases reported in the calendar year 1930, 884
were dermatitis. Of the 5,906 compensable cases reported in the
5-year period ended June 30, 1930, 4,597 were dermatitis. Analysis
of the dermatoses reported in each period shows rubber to account
for the largest number.
In the 5 years ended June 30, 1925, the dermatosis hazard in the
rubber industry was most striking. All but one of the 371 women
reported as having occupational skin infections were in the rubber
industry. Occupations of these women have been analyzed by the
health department. The greatest hazard was found in making treads
for tires. Over a third of the cases reported were in this occupation.
The range of occupations also is important. Cases occurred in 23
occupations; 2 of these were clerks, 3 were labelers of boxes, and 9
were scrubwomen, occupations that might seem to be removed from
any occupational disease hazard.
59
ANALYSIS OF OCCUPATIONAL DISEASE STATISTICS
Table 5.
Cases of dermatitis among men and women in the most recent period
reported, by State
[For sources of information see charts 1 and 2]
Male
Female
Dermatitis cases
State
Period covered
Connecticut___ 1930-31
Illinois
April 1928 to Janu
ary 1930.
Massachusetts - 1930-31................... .
New York____ 1930........................ .
Ohio................... 1931............................ .
Occupa
tional
disease
Num
cases—
ber
Total
Dermatitis cases
Percent Occupa
tional
of all
disease
Num
occupa
cases—
tional
ber
Total
disease
cases
Percent
of all
occupa
tional
disease
cases
Percent
women’s
cases
are of
all
derma
titis
cases
95
405
38
2 65
40.0
16.0
46
34
31
2 21
w
(o
44.9
24.4
375
747
31,004
223
136
668
59.5
18.2
66.5
72
23
3 213
61
14
165
84.7
(■)
77.5
21.5
9.3
19.8
1 Not computed; base less than 50.
2 All skin affections.
3 All compensable occupational disease cases.
During the 5 years ended June 30, 1930, in 906 of the 3,948 cases
of men and 182 of the 649 cases of women suffering from some type
of skin affection, rubber was given as the hazard. In this period
alkalies (such as soaps, cleaning solutions, etc.) ranked second, with
46 women, followed by oils and cutting compounds, with 40 women.
Dusts were responsible for 32 cases among women and dyes for 31.
Rubber still ranked first as a dermatitis hazard in 1931, though
it was not so predominant as in the earlier periods. Table 6 lists
for Ohio the dermatitis hazards in 1931 according to their importance
by industry and by occupation. The wide range of hazards and
occupations again is evident. In Ohio all dermatitis cases are
compensated. Obviously, any attempt to specify the occupation
and process in which an occupational dermatitis may be compensated
is unfair.
Table 6.—Industry and occupation of dermatitis cases of women in Ohio, 1931,
by hazard
’
’
[For source of information see chart 2]
Hazard
Num
ber of
derma
titis
cases
Rubber............................
29
Industry
Tire and tube manufac-
Wheel manufacturing___
Rubber sundries manufacturing.
Rubber company, not
specified.
62214°—34-----5
Num
ber in
the in
dustry
23
1
1
4
Occupation
Valve-inserting machine
operator.
Trimming and inserting
valves.
Tube-machine feeder
Assembling drum plies. .
Inspector—tubes
Splicing tubes______
Rubber worker, not speciMaking rubber pedals_
_
Varnishing rubber sundries.
Trimmer of pipes. ......
Laborer....... .........
Rubber worker, not specitied.
Num
ber In
the
occu
pation
1
1
1
1
1
1
17
1
1
1
1
2
60
STATE REPORTING OF OCCUPATIONAL DISEASE
Table 6.—Industry
Hazard
and occupation of dermatitis cases of women in Ohio, 19St,
by hazard—Continued
Num
ber of
derma
titis
cases
Cleaning agents V
22
Industry
Num
ber in
the in
dustry
Occupation
Num
ber in
the
occu
pation
10
Domestic and personal
service, not specified.
1
4
1
General cafeteria work-----
1
1
2
Cleaning, repairing furs....
1
Waitress and dishwasher..
1
1
1
5
Clerk and cleaning woman.
1
3
Saleswoman, not specified.
Saleswoman, millinery-----
2
Cloak manufacturing
1
1
1
1
Power-machine operator .
5
Inspection—cotton dresses.
Auto-accessories manufac
turing.
Textiles and furs, not
specified
14
Tent and awning manu
facturing.
11
S
1
Clothing manufacturing ..
Dyes
11
Clothing and textile man
ufacturing.
Auto-accessories manufac
turing.
5-and-10, not specified------
Operator, galvanized-steel
press machine.
1
Oils.
9
Electric-apparatus manu
facturing.
Spark-plug manufacturing.
Manufacturing, not speci
fied.
1
1
1
1
1
1
1
1
1
1
3
1
1
1
1
1
1
2
1
1
Folder pasteboard boxes.
1
1
1
Assembling switch boxes..
1
Milling-machine operator.
1
1
1
1
Punch-press operator-------
1
11
Punch-press operator.........
1
1
1
2
4
Fruits, vegetables, and
plants.
1
1
1
Electric-supplies manu
facturing.
1
1
1
1
1
1
1
1
1
3
10
1
1
3
Dusts.
2
2
1
1
1
1
1
1
3
1
1
1
1
2
1
Varnishing rubber tubing.
Varnishing rubber sun
dries.
i 4 specified as alkali; 5 soap, not classified; 1 creolin and ammonia mixture; 1 silver polish; all others,
cleaning solutions not otherwise specified,
s Use of soap in the factory washroom caused this dermatitis.
Varnish.
b
Rubber manufacturing----
ANALYSIS OF OCCUPATIONAL DISEASE STATISTICS
Table 6.—Industry
and occupation of dermatitis cases of women in Ohio, 1931,
by hazard—Continued
Num
ber of
derma-
Hazard
61
Industry
cases
Varnish (Continued.)
Num
ber in
the industry
Occupation
Num
ber in
the
occu
pation
1
1
Veneering________
1
1
2
Printing...........................
5
Casket manufacturing..
Manufacturing, not specified.
Lithograph company...
Office___ _______
1
Folding movie posters
1
1
Candy packer______
Scooping sugar from barrel.
Sugar.............................
General office worker. _
1
3
Meat...... ................... .
2
Metals, not otherwise
specified.
Brass.._ ............... .
Bronze dust............
Copper fumes
6
Packing house..............
1
1
2
1
1
Metal dust, not
specified.
Steel dust................
1
Auto-accessories manufac
turing.
Metal manufacturing___
1
40
Acid plates..............
Ammonia gas
Arsenic
1
1
1
Benzol
2
2
1
1
Steel and iron company__
All other substances...
Working on bronze frames.
Winding copper coils for
transformers.
Soldering copper coils
Chromic acid_____
Cosmetics................
1
1
Dough.................... .
Enamel _ . . .
1
1
Flour fungus...........
Formica..................
Gasoline...................
1
1
2
Lacquer..................
2
Plating company............ .
Soda fountain.......... .............
vice, not specified.
Bath-mat manufacturing..
Shoe manufacturing
Auto-accessories manufac
turing.
Plating company
Beauty parlor...... ................
Thermometer manufacturmg.
Enamel products manufac
turing.
Drug company.....................
Chemicals,
specified.
not
Liquids, not specified.
3
2
.1
1
Assembling motor brushes.
1
1
1
1
1
Mounting thermometers _ _
1
1
1
1
2
1
Match manufacturing.. _
2
2
1
1
2
2
2
1
1
Assembling condensers___
1
2
1
1
2
1
1
1
1
Manufacturing, not speci-
Matches...................
Shoe dressing..........
Tobacco...................
Turpentine.............
Volatile petroleum
products.
Wax..___________
1
1
Shoe manufacturing...........
2
1
1
Surgical apparatus manufacturing.
Casting company..............
Leather
Paper........................
1
Paper-stock company____
Auto-accessories manufac
turing.
Shoe manufacturing...........
1
1
1
1
Filing snubbers as re
moved from gasoline.
Painting with ambroid___
Painting, not specified___
1
1
I
1
Filler in paint department.
Decorating glassware..........
Pours pitch into coils........
1
Decorating department...
1
1
1
1
1
Dry cleaning______ _____
1
1
Furniture manufacturing.
Radio manufacturing.........
Perfume manufacturing...
Spark-plug manufacturing.
Manufacturing, not specified.
Canning company
Electric supplies manufacturing.
1
1
1
1
1
1
1
1
Porcelain cementer.............
1
1
1
62
STATE REPORTING OF OCCUPATIONAL DISEASE
The Massachusetts report of investigations classifies cases of
dermatitis by industry, age, and sex. This class of diseases amounted
to almost 85 percent of all women’s occupational disease cases in 1931,
and women’s cases were over 20 percent of all the dermatitis cases
reported. In the analysis of diseases occurring in 1931, shoe manu
facturing ranks first in women’s cases, with 30 of the total 61 cases
reported in this industry. Fifteen of these cases occurred in the
41-50-year age group, 8 in the 21-30 group, and 3 each in the 18-20
and 31-40 groups. Textile manufacturing ranked second, with 8
women reported. Three or more cases of women were reported in
each of the following: Tanneries 5, rubber 4, paper 3, metal trades 3,
and electrical 3.
.
The causal factor in the shoe trade was contact with the dressings
used on shoes that contained ammonia, gasoline, shellac, and ether.
In textile mills the handling of printed cloth and cleaning of color
boxes sometimes resulted in dermatoses.
Thirty-one of the 46 cases of occupational disease of women m
Connecticut in the year ended June 30, 1931, were dermatitis.
Twenty of the 31 resulted from the use of mercury compounds in the
manufacture of ammunitions, 2 from the use of cyanides in silverware
and cutlery manufacture, and 1 from wiping wood in the same
industry. Mercury in the sorting of furs, oils and grease in hardware
manufacture, a soap solution used in dishwashing, solvents used m
dipping rubber, solutions used in permanent waving, and handling of
poisonous plants, each was reported as causing 1 case of dermatitis.
New York reported 14 of 23 of the women’s occupational disease
cases in 1930 as dermatoses. The hazards to which these cases were
exposed are scattering. Nine substances were specified, each causing
1 or 2 cases. In 3 cases the hazard was not specified.
From the worker’s point of view dermatitis is a serious handicap.
Though it may attack any part of the body, the hands are most
frequently affected. This condition cannot be treated as trivial.
In addition to the local effect, there may be severe reactions due to
constant itching, loss of sleep, and the embarrassment resulting from
a skin eruption. Dermatoses occasion much loss of time and lowered
efficiency. An analysis of cases of occupational dermatitis appearing
on the occupational disease calendar in the workmen’s compensation
bureau of the New York State Department of Labor between July 1,
1931, and December 31, 1932, classifies such cases according to the
length of disability. A total of 358 cases reported length of disability
as shown in the following summary:
Length of disability
Number
Percent
358
100. 0
57
40
90
107
34
10
20
15.
11.
25.
29.
9.
2.
5.
9
2
1
9
5
8
6
ANALYSIS OF OCCUPATIONAL DISEASE STATISTICS
63
In 15.9 percent of these cases the length of disability was less than
a week and in 52.2 percent it was less than a month, but 17.9 percent
were disabled at least 3 months and 5.6 percent 1 year or more.6
Some 700 substances common in industry have been connected
causally with skin diseases. Taking the United States as a whole,
it is estimated that about 10 percent of all skin diseases are occupa
tional in origin. Another estimate indicating the frequency of skin
diseases in industry is the statement that 50,000 cases occur yearly
in the United States. If this figure errs, probably it is in minimizing
the occurrence rather than in exaggerating it.7
It has been found that once the skin reacts abnormally to a sub
stance it may become sensitized so that even slight exposure will cause
a return of the dermatosis. To the industrial worker forced to change
his occupation because of such a sensitivity, dermatitis may have the
same effect on earning power as permanent disability from another
cause.
Again it should be emphasized that to compensate dermatoses it
should not be necessary legally to establish their connection with a
list of particular substances or processes. The substances constituting
dermatosis hazards have been found very numerous and as industrial
processes change these substances change.
In States having a schedule for compensating occupational disease
the dermatitis cases reported may have other occupational poisoning
symptoms but are classified according to their skin affection because
it is only in this class that they are compensated. For example, in
Ohio in 1931 several cleaning women were classed as suffering from
dermatitis though they also had general symptoms of illness directly
traceable to the cleaning solutions used.
Ohio reports the total compensation cost of occupational disease
claims in the 3 years 1927, 1928, and 1929 as $278,515. Dermatitis
claims received $79,157, or 28.4 percent of the cost of compensating
all occupational disease claims.8
Lead poisoning.—Lead poisoning is reported as occurring to women
by three of the States tabulating disease cases by sex. The reports
of lead poisoning received by the division of industrial hygiene of the
Ohio State Department of Health are especially significant. Twelve
cases of lead poisoning in women were reported during the 5 years
ended June 30, 1925. This was 2.7 percent of all lead-poisoning cases.
Only 4 cases of lead poisoning, 3 of which were women, were reported
in the Ohio pottery and terra cotta industry in the 5-year period
ended June 30, 1925. It is probable that such cases were under
reported, since the United States Public Health Service found 67
positive cases among 951 examined in Ohio potteries in 1919.9 In
the same period 9 cases occurred in enameling, 1 in brushing, and 8 in
spraying with a spray machine or atomizing device.
In the next 5-year period, ended June 30, 1930, the Ohio Depart
ment of Health received reports of 897 cases of lead poisoning, of
which 32, or 3.6 percent, were women. This increase, from 12 cases
fi New York. Department of Labor. Industrial Bulletin, March 1933, p. 60.
' U.S. Bureau of Labor Statistics. What Determines Compensability for Skin Diseases Among In
dustrial Workers. Paper by Carey P. McCord, M.D., read before nineteenth annual convention of the
International Association of Industrial Accident Boards and Commissions, Columbus, Ohio, Sept. 26-30,
1932.
8 Ohio. Industrial Commission. Special Bulletin No. 2. Statistical Reports of Injuries to Minors
Under 18 Years of Age, Occupational Disease Claims, Additional Award Claims. 1931. p. 54.
8 Public Health Bulletin No. 116. Lead Poisoning in the Pottery Trades, by Bernard J. Newman, Wm.
J. McConnell, Octavius M. Spencer, and Frank M. Phillips, 1921, p. 89.
64
STATE REPORTING OF OCCUPATIONAL DISEASE
in one 5-year period to 32 in the next, is important. Probably it was
due largely to the increase in demand for women workers in certain
manufacturing industries in the industrial expansion of 1929. Only
2 cases were reported in 1930 and none in 1931, years when there was
a considerable drop in employment.
Few of the cases reported in the periods studied were very serious
or advanced cases. Since the inclusion of lead poisoning in the
workmen’s compensation law in 1921, decline in the severity of cases
has been marked. Health authorities attribute this to early report
ing of the disease.
Of the 32 women’s cases reported in the second 5-year period, 16
were spray painters and 4 others did painting, enameling, or dipping.
The cases were distributed as follows:
Industry
Occupation
Spray painter_
_
Decorator______ ______
Painter____
__
__ ...
Tinter. ____ _ _______
_
Machinery and metal products_______
Enamel sprayer _
Enameler, not specified____ .
Metal work (not brass or bronze) _____ Solderer .. _ _______
Paints and painting__ _____ ____ _
_ Novelties_____ ...
Painter, general. _______
Spray painter (signs)_____ _
Sprayer _____ ________
Dipper________ _
Pottery, porcelain, and chinaware____
Glazer________ _
Polisher_________
_______
Linotyper__ .
Printing and publishing____________
Typesetter___
Rubber manufacturing _
_____ ____ Clerk____
Window-shade manufacturing. _ _ _____ Stitcher________
Auto manufacturing _
_ _ _ _
Brass and bronze products______ ______
Glass and glassware__ __________ ____
Number
1
1
1
1
11
i
1
1
i
2
2
1
2
1
2
1
1
1
Illinois reported 9 women among 311 cases of lead poisoning in the
period April 1928 to January 1930. This was about one-fourth
of all the occupational disease cases of women reported and 2.9
percent of the lead-poisoning cases. Four of the women were working
in stove enameling or manufacturing, 4 were metal graders in lead
smelting, and 1 was employed in the making of storage batteries.
One case of lead poisoning of a woman was reported to the Massa
chusetts Department of Labor and Industries in 1930. This was a
girl in the age group 16-18 years, employed in painting. Forty-five
cases were reported as occurring in men. In 1929, 70 cases were re
ported, only 2 of which were women. The report for 1928 included
but 1 woman, a bookkeeper who inhaled fumes of bronze paint applied
to the steam radiation pipes where she worked. No cases of lead
poisoning of women were reported in 1931.
A better indication of the number actually poisoned by lead is
presented by the reports of periodical examinations required by law.
In Illinois the report of the division of factory inspection 10 for each
fiscal year includes a report of the examinations made and the number
found sick in each industry where periodic examinations are required
by law, including in addition to processes involving lead, the manu-11
11 Illinois.
Department of Labor. Annual reports, 1929, p. 59, and 1930, p. 73.
ANALYSIS OF OCCUPATIONAL DISEASE STATISTICS
65
facture of brass, smelting of zinc, or handling of paris green.-The
data are not by sex. The figures are given by the month and cannot
be totaled because some cases may be continuations or recurrences of
illness reported earlier in the year. The proportion ill in certain
lead hazardous operations, as given in the two latest reports, varied
from 0.4 per 1,000 examined in May and August of 1929 to 2.5 per
1,000 examined in January of the same year. The greatest number
of cases of illness were in the manufacture of storage batteries in
October 1929, where 19 were sick among 528 examined, a rate of 36
per 1,000.
.
It is interesting to note the decrease in the number found sick m
the manufacture of white lead in these reports of the division of
factory inspection for the fiscal years 1921 to 1930. In 1 month of
1921, 13 of 203 examined were found sick from lead poisoning, a rate
of 64 per 1,000. In 1 month of 1927, only 10 of 631 employees
examined, or 15.8 per 1,000, had symptoms, and not more than 1 was
affected of the 300 to 450 examined each month in 1930.
Benzol poisoning.—Twenty-nine cases of benzol poisoning^ were
reported to the Ohio Division of Industrial Hygiene in the 5-year
period ended June 30, 1925. Twenty-two of these were women, all
employed in a wholesale millinery establishment and all reported in
1921. " A study of the establishment was made immediately on receipt
of the report. Of the 40 girls employed, 31 were engaged in processes
involving exposure to the fumes of benzol carbon tetrachloride cement.
Of the 31 exposed, 4 did not handle cement. Two of these, however,
were somewhat affected by the fumes. Twenty-two of the 27 who
handled cement had definite symptoms. In an interview, one of
these stated that a girl employee who had died a few weeks before the
investigation had complained of similar symptoms. Her death was
due to a perforated gastric ulcer, a condition believed by some authori
ties to be associated with benzol poisoning. The physician in charge
of her case had not connected her illness with her occupation.11
Eight of 48 cases of benzol poisoning reported to the Ohio Health
Department in the 5-year period ended June 30, 1930, were women.
No cases of women were reported in 1931, though 6 cases of men were
reported.
,
In the other periodic State reports including diseases by sex, only
one woman was reported as suffering from benzol poisoning. This
case occurred in 1928 in Massachusetts. The case was a girl 19 years
old employed in the manufacture of crepe rubber soles. She was
incapacitated for about 4 months.
Special study of benzol poisoning among women in New York State —
That a considerably larger number of cases occur than the number
reported is evidenced in a special study by the New York Department
of Labor.
The reports of health departments and labor departments depend
on physicians’ diagnoses, period of disability, diseases required to be
reported, and the other limitations of reporting laws and workmen’s
compensation laws. The special survey referred to, since it included
practically every worker exposed to benzol in the factories selected,
has the great advantage of completeness. It is the first study of
ii Poisoning by Benzol Carbon Tetrachloride Cement, with Special Keference to the Early Symptoms
of Benzol Poisoning, by E. B. Starr, in Journal of Industrial Hygiene, September 1922, p. 203fl.
66
STATE REPORTING OF OCCUPATIONAL DISEASE
benzol poisoning as it occurs among women actually at work. The
evidence compiled is very valuable.
The report—Chronic Benzol Poisoning Among Women Industrial
Workers—is the result of a study made by the New York Bureau of
Women in Industry in the summer and fall of 1926.12 Examination
was made of all women exposed to benzol with few exceptions, in six
factories in the large industrial centers of the State. Workrooms
were visited and operations observed. A diagnosis of benzol poisoning
was based on the criteria used by the benzol committee of the National
Safety Council, a history of exposure and a reduction of 25 percent
or more in the white blood-cell count. Cases were recorded as
suspected chronic poisoning where there was reason to believe benzol
had had an effect even with less than a 25 percent decrease in white
cells.
Three of the factories made sanitary tin cans, 1 photographic
supplies, 1 tires and rubber goods, and 1 shoes. All were large and
well equipped. Two recognized and met the danger of benzol
adequately, 2 guarded inadequately against it, and in 2 its harmful
possibilities evidently were unrealized.
Twenty-five of the 79 women exposed to benzol fumes, or 32
percent, showed positive indications that benzol poisoning was
present. This high percentage is of special interest in comparison
with the few women reported as suffering from this disease in any
State. In five other cases the condition was suspected. Cases
occurred in considerable proportion in each of the six factories. The
distribution of the positive cases by factory is summarized below:
Number of women
exposed to benzol
fumes
Factory
Total_________
79
I. Tire and rubber__
11. Photographic supplies. . _
III. Sanitary tin cans. .
IV. Sanitary tin cans . .
V. Sanitary tin cans
YI. Shoes. ________
10
41
6
4
15
3
Number showing
positive evidence
of benzol poison
ing
25
2
16
]
1
4
i
An important fact is brought out in studying the processes the
women were engaged in. Only 44 of the 79 women were exposed
directly to benzol fumes by actual use or handling of objects to which
benzol had been applied. The other 35 were exposed indirectly,
that is, only by working in the rooms where it was used. The pro
portions showing positive indication of chronic poisoning in the two
groups were 38.6 percent and 22.8 percent, respectively. The New
York workmen’s compensation law lists as compensable only benzol
or benzene poisoning in processes involving the use of or direct con
tact with “benzol or benzene derivatives.” Women poisoned through
indirect exposure are not entitled to compensation.
New York. Department of Labor.
Women Industrial Workers. 1927.
Special Bulletin No. 150.
Chronic Benzol Poisoning Among
ANALYSIS OF OCCUPATIONAL DISEASE STATISTICS
67
The ages of the women examined ranged from 17 to 52 years, the
average being 28. The number of cases is too small to be conclusive,
but in the following list showing age distribution of the positive and
suspected cases, youth does not appear to be a predisposing factor.
Total cases
examined
Age (years)
17
20
25
30
40
to 19
to 24
to 29
to 39
and over
_____
Positive and sus
pected cases
17
22
12
17
11
2
10
5
7
6
The length of exposure correlated with age is not indicated, but the
probability of direct correlation is considerable. The shortest
exposure for positive and suspected cases was 2 months. The longest
exposure among all women examined was 11 years, in a suspected
case. It is probable that in the latter case a mild poisoning had been
present a long time.
The distribution of the cases according to length of exposure was as
follows:
Length of exposure
Under 3 months
_
_
3 and under 12 months __ _
1 and under 4 years. ____
4 years and over _________
Total cases
examined
20
12
19
28
Positive and
suspected cases
3
5
9
13
The proportion is lowest in the group exposed less than 3 months
but there is little difference among the other groups. Where sus
ceptibility to poisoning exists it tends to develop during the first
year of exposure, according to the evidence of these data. Severity
of exposure is, of course, an important factor that has not been
measured.
Important findings of the study were the following:
1. Benzol as used in the industries investigated produced
chronic poisoning in about 1 out of 3 women.
2. The risk of poisoning was not limited to those who worked
directly with benzol. Employees exposed by working in rooms
where benzol was used were subject to its effects also.
3. Susceptibility was not shown to be greater in young persons.
4. Benzol poisoning tended to develop during the first year of
exposure.
5. In about 10 percent of the positive cases menstrual irregu
larities occurred. The white-blood-cell count showed a decided
decrease in every case.
Because of the tendency to hemorrhage and the deficiency in white
blood cells it was especially recommended that pregnant women should
not be exposed to benzol fumes.
68
STATE REPORTING OF OCCUPATIONAL DISEASE
Synovitis and bursitis.—In 1929, cases of tenosynovitis and pre
patellar bursitis resulting from continuous exposure were added to
the list of compensable diseases in Ohio, and reports of cases occurring
were required of physicians by the division of industrial hygiene. As
far as compensation is concerned, this change made little addition
to the total, because such cases had been compensated as accidents
for years. As their onset usually is gradual rather than sudden,
it probably is more accurate to class them as occupational disease.
Since 1929 these diseases have ranked second to dermatitis in the
number of cases reported. Their addition is one of the chief reasons
why Ohio’s occupational disease total has not decreased.
Tenosynovitis is an inflammation involving the tendons about a
joint and their sheaths, caused by continued or excessive motion or
strain. In 1931, 166 cases were reported to the health department, 39
of which were women. The occupations and industries in which the
women’s cases occurred are shown in table 7. Twenty-eight of the
39 cases occurred in manufacturing, 6 were in some type of domestic
and personal service, 3 were in clerical occupations, 2 were in trade.
Table 7.—Industry and occupation of women having tenosynovitis and prepatellar
bursitis, Ohio, 1931
[For source of information see chart 2]
Industry
Number
of cases
in the
industry
Occupation
Number
of cases
in the
occupation
TENOSYNOVITIS (39 CASES)
28
13
2
Wrapping and breaking up crackers...
1
1
2
2
1
3
1
1
1
6
3
1
1
1
2
1
2
‘ 1
1
1
1
3
2
1
1
Clerk....................... ............... ............. .
PREPATELLAR BURSITIS (5 CASES)
1
3
1
1
12
1
1
1
1
1
1
1
1
1
l
1
1
1
1
1
1
1
69
ANALYSIS OF OCCUPATIONAL DISEASE STATISTICS
Prepatellar bursitis, also shown in table 7, is a similar inflammation
of the bursa (a sack containing the lubricating fluid of the joint)
over the knee, resulting from prolonged pressure. In 1931, 29 cases
were reported in Ohio, 5 to women. Three of these cases were in
domestic and personal service, 1 was in the manufacture of rubber
products, and 1 was a laborer not specified.
Five cases of women having similar diseases resulting from friction
or tension were reported to the Connecticut Department of Health
in 1931. Four of these were engaged in manufacturing occupations.
Besides being very painful, synovitis and bursitis may entail con
siderable loss of time from the industrial operation for which a person
is trained. A recurrence of the inflammation is more easily produced
than the first inflammation. Prevention is important and usually is
possible by shifting from one operation to another, by rest periods,
and by brealdng rather slowly, so as to prevent undue strain, into
an operation using a new set of motions.
Lung diseases.—Probably it is in the reporting of lung diseases that
the most serious deficiency in these State figures occurs. While
certain specifically occupational lung diseases, such as silicosis, have
recently been the subject of much study by scientific groups and
their occupational causation emphasized, other respiratory affections
are not so clearly occupational. It is to this last group of lung dis
eases that women are most exposed in industry. Over 90 percent of
the women estimated by Dr. Hoffman * as being exposed to in
13
jurious industrial dusts and fumes were in the groups exposed to
vegetable fiber dust (44 percent), animal and mixed fiber dust (22.2
percent), and organic dust (26.4 percent).
The textile industry offers the principal dust hazard outside of the
field of inorganic dusts. A great deal of attention has been given to
the study of tuberculosis in this industry.
_
The Joint Occupation Study made in 1928 by the Actuarial Society
of America in conjunction with the Association of Life Insurance
Medical Directors found tuberculosis of the lungs at ages under 40
in cotton mills and not specified textile mills including hemp, to be
causing a mortality respectively twice and three times the normal
proportion. Other textile groups showed a somewhat similar ten
dency.14
Dr. Perry’s study of preventable death in cotton manufacturing
in Fall River, Mass., for the 5-year period 1908-12, found that
among persons 15 to 64 years of age the death rate among male
operatives was 2.51 per 1,000 and that among male nonoperatives
was 1.7 per 1,000, and the death rate among female operatives was
3.24 per 1,000 and that among female nonoperatives was 1.39 per
1,000.15
.
.
.
It would be expected that tuberculosis and other less serious respira
tory diseases would be classed among the principal occupational dis
eases in a large textile State such as Massachusetts. As a matter of
fact the number of cases reported is insignificant. It is probable that
persons with tuberculosis developed or aggravated by industry leave
or change occupations before the disease has been recognized or has
U.S. Bureau of Labor Statistics. Mortality from Respiratory Diseases in Dusty Trades, by
erick L. Hoffman. Bui. 231, 1918, p. 12.
T
i* The Actuarial Society of America and the Association of Life Insurance Medical Directors.
Occupation Study, 1928. New York, 1929, pp. 47 and 109.
T , ,
13 U.S. Bureau of Labor Statistics. Preventable Death m Cotton Manufacturing Industry, by
Perry. Bui. 251, 1919, p. 104.
Fred
T . ,
Joint
A. R,
70
STATE REPORTING OF OCCUPATIONAL DISEASE
progressed to a serious stage, and when it has become severe any
occupational connection is not considered.
In 1924 it was authoritatively stated that “in Massachusetts the
reduction in death rate from pulmonary tuberculosis during recent
years has been much less in the four textile centers, Fall River,
Lowell, New Bedford, and Lawrence, than in the State in general.”16
At the present time it is impossible to measure the number of such
cases. The subject warrants special consideration by health and
compensation authorities.
Excepting four cases of pneumoconiosis reported in Massachu
setts, lung diseases caused by dust, such as pneumoconiosis, anthracosis, and silicosis, do not appear as diseases of women in these State
reports.
The four women who contracted pneumoconiosis in Massachusetts
were reported in 1929, and all were in the manufacture of asbestos
brake and clutch linings. The greatest dust hazard in this plant was
found in the spooling department, where the asbestos cotton was
wound from the top to the bottom of the spool. In this operation a
large amount of asbestos dust was thrown off. In the carding de
partment considerable dust circulated in the workroom. Though an
elaborate exhaust system was attached to the various machines, no
suction was found at the hoods because the main pipe was clogged up.
In compliance with orders issued by the department of labor and
industries, the firm installed an exhaust system in all the departments
where dust hazards prevailed.
In 1931 physicians reported five cases of tuberculosis to women to
the Ohio Division of Industrial Hygiene, but their occupational
connection was not definitely established. Three of these cases were
between 20 and 24 years of age, 1 was between 30 and 34, and for 1
the age was not reported.
One case of occupational tuberculosis was reported to the Con
necticut Department of Health in the year ended June 30, 1931.
This was a woman 24 years old employed as a nurse in a hospital.
Ohio, New York, and Michigan have recognized to some extent the
need for special protection of women by legislation excluding them
from work on moving abrasives. As a result of depressed industrial
conditions an Ohio firm recently attempted to replace men with
women at a lower wage in this occupation. An injunction was brought
against the company, and the court held that evidence was sufficient
to show that women need this special protection because of their
greater susceptibility.
Other types of occupational disease reported.—Other types of disease,
including two or more cases of women in the latest year reporting
disease, are enumerated in the following list:
Number of
Massachusetts 1931:
case*
Gas and fume poisoning (principally in shoe trade)______
8
Ohio:
Bronchitis 17
2
Chrome ulceration
3
'* Industrial Health. Edited by George M. Kober and Emery R. Hayhurst, 1924, p. 262.
lr Not compensable under the Ohio workmen's compensation act.
71
ANALYSIS OF OCCUPATIONAL DISEASE STATISTICS
Distribution of cases by industry
Connecticut, Ohio, Illinois, and Massachusetts have some analysis
of the principal occupational diseases by industry. In the foregoing
discussion of types of disease, industry and process have been con
sidered and discussed for each of the States where it seemed neces
sary. Cases of women occurring in Connecticut and Ohio in 1931,
in Illinois in 1928-30, and in Massachusetts in 1929-31 are next
distributed by industry without regard to disease. These are shown
in tables 8, 9, 10, and 11, following.
Table 8.—Distribution
of women’s occupational disease cases by industry, Ohio,
1931
[For source of information see chart 2]
Industry
Number of Percent distribution
cases
239
4
235
100.0
166
7
18
3
19
22
11
7
49
7
23
70.6
41
3
11
11
16
17.4
15
11
6.4
4.7
2
1
1
.9
100.0
4.2
10.8
1.8
11.4
13.3
6.6
4.2
29.6
4.2
13.9
1 Not more than 1 in any class where the number is not given: Dust mops; perfume; pottery, 2; glassware;
matches, 2; drugs; rayon; formica insulation; enamel products; thermometers; caskets; soap; furniture;
mounting photographs; making belts; manufacturing not specified, 6.
In Ohio seven-tenths (70.6 percent) of the women’s cases, where in
dustry was reported, occurred in manufacturing, 17.4 percent were in
domestic and personal service, and 6.4 percent were in trade. Of the
166 cases in manufacturing, about 30 percent were in the manufacture
of rubber products. No other industry approached this, metal manu
facturing ranking second, with 13.3 percent. The two groups food
and tobacco products and clothing and textiles each accounted for
over 10 percent of the manufacturing cases.
Illinois reports tabulate all occupational disease cases by industry.
In 1928 only four cases were reported as occurring to women. Of
these, three were in manufacturing. Cases of occupational disease
and industrial poisoning in industries that reported cases of women are
shown in table 9 for the periods April 1928 to January 1930 and the
calendar years 1929 and 1930.
72
STATE REPORTING OF OCCUPATIONAL DISEASE
Table 9.—Distribution of men’s and women’s occupational disease cases by
industry, Illinois, 1928-30
[For sources of information see charts 1 and 2]
April 1928 to
January 1930 1
1930
1929
Industry
Men
Total-----------------------------------------------------------
405
Women
34
Men
399
Women
12
Men
Women
310
30
1
1
1
317
75
3
77
2
205
2
6
3
14
1
1
3
5
159
i
6
6
8
31
28
15
3
1
4
1
1
3
1
1
1
112
2
1
1
1
Electrical apparatus and appliances..........................
25
1
212
7
10
359
7
1
1
Confectionery................... ............. ........................-
7
Trade and finance—.............................................-.............
3
1
4
3
14
11
3
2
1
1
1
14
13
6
6
14
3
2
1
2
13
6
2
4
1
3
7
12
1
1 Replies to questionnaire, which probably accounts for discrepancies with 1929 figures.
»Not otherwise classified.
The manufacture of metals and metal products accounted for a
little more than one-half of the cases of occupational disease among
men and boys and for a little over two-fifths of those among women
and girls, in the special study made of cases in the period April 1928
to January 1930. This industry reported half of the 12 women’s
cases in 1929, but only 2 of the 30 reported in 1930. Over two-fifths
of the women’s occupational disease cases in 1930 were in the services
classification. About half of these were in hotels or restaurants, the
other cases occurring in laundries, cleaning and dyeing establishments,
the maintenance of buildings and grounds, and personal services.
Six cases were in retail trade.
.
In Connecticut reports for the year ending June 30, 1931, industry
was recorded for 44 of the 46 women reported as having an occupa
tional disease.
73
ANALYSIS OF OCCUPATIONAL DISEASE STATISTICS
Table 10.—Distribution of women’s occupational disease cases by
industry, Connecticut, 1930-31
[For source of information see chart 1]
Num
ber of
Total-..
>
Not reporting..
Total reporting
39
Manufacturing
Ammunition-----------Buttons____________
Carpets____________
Cigars and cigarettes
Clocks_____________
Electrical apparatus.
Foods______________
Furs----------------------Hardware__________
Printing____________
Rubber goods___ _ _
Silverware__________
Textiles____________
20
1
1
1
1
2
1
3
1
1
2
3
2
Domestic and personal service----------------------------------------------
4
Beauty parlor------------------------------- --------------------------------Candy, soda, and lunch concern—dishwasher----------------Cleaning and dyeing establishment-----------Hospital—nurse------------------------------------------------------------
}
1
1
1
Agriculture
I
*
1
Thirty-nine of the women were employed in some manufacturing
occupation; 20 of them were in the manufacture of ammunition, and
19 were scattered in 12 other lines. Domestic and personal service
accounted for 4 cases among women, and gardening for 1 case.
In Massachusetts 90 percent of the cases occurring to women in the
3 years 1929 to 1931 were in manufacturing. Shoe manufacturing
alone was responsible for well over a third of the cases, textiles, metal,
rubber, and tanneries following shoe manufacturing in the order
specified.
74
Table
STATE REPORTING OP OCCUPATIONAL DISEASE
11.—Distribution of women’s occupational disease cases by industry, Massa
chusetts, years ended November SO, 1929 to 1931
[For source of information see chart 2]
Total for
3 years
Industry
Total___
1930
1931
174
Total reporting......... ................ ..........
Manufacturing:
Asbestos brake-
1929
__________ _
Electrical...
Metals __________________ ____
Paper....................................................
Printing____ ____ ______________
Rubber_________ _____ _________
Shoes ___________ ____ _________
Tannery
Textiles. _____________ ________
Miscellaneous manufacturing. ...
61
41
72
3
171
00
41
70
4
4
4
1
1
3
1
10
2
1
3
••
i
10
2
2
4
36
5
8
14
2
5
2
1
14
62
10
17
3
2
5
4
1
2
4
1
2
9
16
3
7
2
2
3
2
3
1
o
Extent of disability and time lost
Massachusetts reported the number of fatal cases said to have
occurred from occupational disease in the years ending November 30,
1926 to 1931. The only fatality reported for women was in 1927.
For men the numbers were 5, 4, 4, 8, 4, and 11, in the years 1926 to
1931, respectively.
Of the 15 occupational disease cases compensated among women in
Illinois in 1929, 14 were temporary total injuries and 1 was not classi
fied. Among men there were 4 fatal cases, 32 permanent partial cases,
297 temporary total, 2 temporary partial, and 8 not classified. In
1930, 25 women’s cases and 333 men’s cases were compensated. One
of the cases of women resulted in a permanent partial injury and 24
in temporary total injury. Of the 333 men’s cases, 6 were fatal, 29
were permanent partial injuries, 291 were temporary total, 5 were
temporary partial, 1 resulted in a disfigurement, and 1 was not
classified.
Extent of disability was reported by sex in the New York report
for 1931. No woman’s case of occupational disease was reported to
have resulted fatally. One resulted in a permanent partial injury
with 31 weeks of disability and 22 resulted in temporary disabilities.
One woman had a temporary disability from lead poisoning; she was
disabled 16 weeks. Of the 342 men’s cases compensated during this
year, 10 resulted fatally, 2 resulted in permanent partial injury, and
the rest were temporary injuries. Three of the 209 lead poisoning
cases were fatal.
Cost of compensating occupational disease
When compensation laws are initiated or any increase in their
coverage is proposed, the first question raised is, What will it cost?
ANALYSIS OF OCCUPATIONAL DISEASE STATISTICS
75
In Wisconsin, which has a blanket coverage, there were 1,828 cases of
occupational disease in a period of 5 years, 1925-29. This was 1.7
percent of all industrial injury cases. The total compensation
awarded for these cases was $392,816 and the medical care cost
$89,539, together less than 2 percent (1.9) of the total compensation
and medical cost for the period. The average indemnity cost per case
was $215 and the average medical cost was $49. In 1929 the indem
nity cost per case was $236 and the medical cost was $60 per case.
This still comes to approximately 2 percent (2.1) of the total. Wis
consin, with universal coverage, makes no additional assessments on
industry to pay the costs of compensating occupational diseases.18
New York made 423 awards for occupational disease during the
year ended June 30, 1930. The amount of compensation awarded in
these 423 cases was $146,849. This was two-fifths of 1 percent both of
the total number of cases and of the total amount of compensation.
The total cost of compensated occupational disease cases closed in
New York in the year ending June 30, 1931, was $142,567. Women’s
cases cost only 1.2 percent of the total.
The total cost of the compensable occupational disease cases closed
in Illinois in 1929 was $42,644, two-fifths of 1 percent of the cost of
all injury cases compensated. Women’s occupational disease cases
cost $2,372, or 5.6 percent of the cost of all compensated occupational
disease cases. In 1930 the total cost of occupational disease compen
sation was $63,756, three-fifths of 1 percent of the cost of all injury
cases compensated. The cost of compensating women’s occupational
disease cases was $1,243, 1.9 percent of the cost of all occupational
disease cases closed during the year.
CONCLUSIONS
The statistics available on the subject of occupational disease are
so fragmentary as not to warrant definite conclusions, but facts
pointed to though not finally proven may be summarized here as
follows:
1. While occupational disease as recognized at present appears to
be statistically a small part of the problem of industrial injuries,
the difficulty of connecting disease with the occupation engaged in
and the incomplete coverage of diseases in the few States recognizing
the problem in their legislation undoubtedly account for serious under
reporting. Naturally, occupational disease develops more slowly and
usually is of a less spectacular character than injuries that result
from accidents.
2. Though women appear to be statistically a small part of the
problem of occupational disease, yet in the most recent year reported
in 3 of 5 States whose data could be compared, their cases formed over
16 percent of all occupational diseases reported, and in 1 of these
States women’s cases formed nearly one-third of the total.
3. The severity of occupational disease is indicated in the fact that
in 4 of 7 States in most years for which data were available, larger
proportions of the occupational diseases than of all the industrial
injuries reported had resulted in fatalities. This is the experience of
Great Britain also.
is Wisconsin. Industrial Commission. Labor Statistics, Mar. 14, 1930, and May 12, 1932.
76
STATE REPORTING OF OCCUPATIONAL DISEASE
4. Variation of susceptibility to all types of occupational disease
according to age is not fully proven, but there is considerable evidence
that younger women are very much more susceptible to some sub
stances and affections than are older women.
5. Dermatitis is the most commonly reported of the diseases of
industry to women and one of the most common to men, and it is de
serving of especial consideration. In each State it affected a larger
proportion of women than of men, and in 4 out of 5 States about
20 percent or more of the cases reported were those of women. The
effects of dermatitis often are by no means trivial in character and
cause considerable loss of time.
6. The principal lead hazard to women is in spray painting, and
the number of such women’s cases reported has increased in recent
years.
7. The incidence of benzol poisoning to women is much greater
than reports show, and women especially should be protected from
this hazard, which is not confined to those working directly with the
substance, but affects those exposed in workrooms where it is used.
8. The weight of evidence is against the schedule system for com
pensating occupational disease. Exposure to the hazard may be
present in occupations and processes not directly connected with the
hazard. In the case of dermatoses the hazardous processes are so
diverse, numerous, and varying with changes in industrial processes
that a schedule of processes for compensation is sure to be either
unfair to those affected or impractical because of its extent.
9. Finally, the great need is one of education. The prerequisite
to education is publication of occupational disease data, and this
depends upon adequate and thoroughly enforced reporting laws.
There is no doubt that the problem is much more serious than the
numbers would make it appear. Many cases of occupational disease
are not easily recognizable. The special study of benzol poisoning
among women in New York State (see p. 65) shows a surprising per
centage suffering with chronic poisoning, the women mistakenly
diagnosing their disability as increased headaches, fatigue, and
nervousness. Cases such as these never reach the workmen’s com
pensation bureaus nor the health departments, but they have a real
effect on the health of the race.
APPENDIXES
Appendix I.—PROVISIONS OF COMPENSATION LAWS IN
WHICH SPECIFIC OCCUPATIONAL DISEASES OR HAZARDS
ARE COVERED, BY STATE 1
ILLINOIS
[Revised statutes (Smith-Hurd) 1931, ch. 48, secs. 74, 87, 161]
Diseases or poisons and processes listed.—Any process of manufacture or labor
in which sugar of lead, white iead, lead chromate, litharge, red lead, arsenate of
lead, or paris green are employed, used, or handled, or the manufacture of brass,
or the smelting of lead or zinc.
Limitation on coverage.—“Occupational disease” means a disease peculiar to
and due to the nature of an employment in one of the processes listed.
Time limit for notice and claim:
In case of mental incapacity of employee or dependents limitations of time
begin to run when a guardian has been appointed.
Notice must be presented as soon as practicable and not later than 30 days
after injury.
Claim must be made within 6 months after injury. In any case bar is abso
lute unless claim is filed within 1 year of the injury or within I year after the date
of the last payment of compensation.
Administering agency.—Industrial commission.
KENTUCKY
[Carroll’s Statutes 1930, secs. 4880, 4914, 4915, 4917, 4920]
Diseases or poisons and processes listed.—Injuries or death due to inhalation in
mines of noxious gases or smoke; injuries or death due to the inhalation of any
kind of gas.
Time limit for notice and claim:
Notice must be presented as soon as practicable.
Want of notice or delay in giving notice is no bar to proceedings if the employer
had knowledge of the injury or failure was occasioned by mistake or reasonable
cause.
Claim must be made within 1 year, unless payments have been made volun
tarily, but shall become requisite following suspension of such payments.
Administering agency.—Workmen’s compensation board.
MINNESOTA
[Mason’s Statutes 1927, secs. 4045, 4280-4282, 4327]
Diseases or poisons and processes listed:
1. Anthrax: Handling of wool, hair, bristles, hides, or skins.
2. Lead poisoning or its sequelae: Any process involving the use of lead or its
preparations or compounds.
3. Mercury poisoning or its sequelae: Any process involving the use of mercury
or its preparations or compounds.
4. Phosphorus poisoning or its sequelae: Any process involving the use of phos
phorus or its preparations or compounds.
5. Arsenic poisoning or its sequelae: Any process involving the use of arsenic
or its preparations or compounds.
i Data on occupational disease originating in an accident are not included here. Except tor the provisions
given under time limit in Illinois, Kentucky, and Minnesota, and in New York for claims only, the data in
this summary apply to occupational diseases only. In these States the time limit is the same for
occupational diseases as for all injuries.
79
80
STATE REPORTING OF OCCUPATIONAL DISEASE
6. Poisoning by wood alcohol: Any process involving the use of wood alcohol
or any preparation containing wood alcohol.
7. Poisoning by nitro and amido derivatives of benzine (dinitro-benzol, aniline,
and others) or its sequelae: Any process involving the use of a nitro or amido
derivative of benzine or its preparations or compounds.
8. Poisoning by carbon bisulphide or its sequlae: Any process involving the use
of carbon bisulphide or its preparations or compounds.
9. Poisoning by nitrous fumes or its sequelae: Any process in which nitrous
fumes are evolved.
10. Poisoning by nickel carbonyl or its sequelae: Any process in which nickel
carbonyl gas is evolved.
11. Dope poisoning (poisoning by tetrachlor-methane or any substance used
as or in conjunction with a solvent for acetate of cellulose) or its sequelae: Any
process involving the use of any substance used as or in conjunction with a solvent
for acetate of cellulose.
12. Poisoning by gonioma kamassi (African boxwood) or its sequelae: Any
process in the manufacture of articles from gonioma kamassi.
13. Chrome ulceration or its sequelae: Any process involving the use of chromic
acid or bichromate of ammonium potassium, or sodium or their preparations.
14. Epitheliomatous cancer or ulceration of the skin or of the corneal surface
of the eye, due to tar, pitch, bitumen, mineral oil, or paraffin, or any compound,
product, or residue of any of these substances: Handling or use of tar, pitch,
bitumen, mineral oil, or paraffin or any compound, product, or residue of any of
these substances.
15. Glanders: Care or handling of any equine animal or the carcass of such
animal.
16. Compressed-air illness or its sequelae: Any process carried on in compressed
air.
17. Ankylostomiasis: Mining.
18. Miner’s nystagmus: Mining.
19. Subcutaneous cellulitis of the hand (beat hand): Mining.
20. Subcutaneous cellulitis over the patella (miner’s beat knee): Mining.
21. Acute bursitis over the elbow (miner’s beat elbow): Mining.
22. Inflammation of the synovial lining of the wrist joint and tendon sheaths:
Mining.
23. Cataract in glass workers: Processes in the manufacture of glass involving
exposure to the glare of molten glass.
Limitation on coverage:
Neither the employee nor his dependents shall be entitled to compensation for
disability or death resulting from disease unless the disease is due to the nature
of his employment and contracted therein, within the 12 months previous to the
date of disablement, whether under one or more employers.
No compensation payable if an employee willfully and falsely represents in
writing that he has not previously suffered from the disease causing disability or
death.
Requirements as to procedure:
Compensation due to be recoverable from last employer in the employment
to the nature of which the disease is due and in which it was contracted. Em
ployer may appeal for apportionment among prior employers.
Notice and claim to be given to last employer and such notice and claim
shall be deemed seasonable against prior employers.
If requested, employee or dependents shall furnish last employer or the com
mission with information as to names and addresses of all other employers during
the 12 months previous to disablement. If such information is not given or is
not sufficient to enable last employer to proceed against prior employers, last
employer is not liable unless it is established that the disease actually was con
tracted while in his employ, or he shall be liable only for such part of the compen
sation as the commission shall deem just.
Time limit for notice and claim:
Unless employer has actual knowledge of the injury, or the claimant presents
notice within 14 days of its occurrence, no compensation is due until notice is
given or knowledge obtained. If this takes place in 30 days, want, failure, or
inaccuracy is no bar to compensation unless employer shows he was prejudiced
thereby and then only to the extent of such prejudice. If knowledge is obtained
or notice given within 90 days and the failure to give prior notice is shown to be
due to a mistake, inadvertence, ignorance of fact or law, inability, or of fraud, mis
representation, or deceit of the employer or his agent, compensation will be
APPENDIX I
81
allowed unless the employer proves that lack of knowledge has been a prejudice,
in which case compensation will be reduced accordingly.
After 90 days compensation is barred.
In case of physical or mental incapacity other than minority of the claimant
limitation shall be extended 2 years from date that such incapacity ceases.
Proceedings to recover compensation must be begun within 2 years after em
ployer has reported the injury or death to the industrial commission but not later
than 6 years from the date of the injury.
Administering agency.—Industrial commission.
NEW JERSEY
[Cumulative supplement to compiled statutes 1911-24, title 236, secs. 29, 30, 42;
session laws 1931, ch. 33]
Diseases or poisons and processes listed.—Occupational diseases: Anthrax; lead
poisoning; mercury poisoning; arsenic poisoning; phosphorus poisoning; benzene,
and its homologues, and all derivatives thereof; wood-alcohol poisoning; chrome
poisoning; caisson disease; mesotherium, or radium poisoning.
Limitation on coverage:
Compensable occupational diseases shall include only those scheduled and then
only when exposure stated in connection therewith has occurred during the em
ployment, and the disability has commenced within 5 months of the termination
of such exposure.
Willful self-exposure to occupational diseases shall include: (1) Failure or
omission to observe rules and regulations of the department of labor posted in the
plant by employer for the prevention of occupational diseases; (2) failure or
omission of employee to state truthfully the location, duration, and nature of
previous employment in which he was exposed to any occupational disease listed
in the law.
Time limit for notice and claim:
In the absence of actual knowledge of employer of the contracting of an occu
pational disease, notice must be given within 5 months from the date when
employee ceased to be subject to exposure to such disease, or no compensation
will be payable.
Claims for occupational disease are forever barred unless a petition is filed in
duplicate with the secretary of the bureau within 1 year from the termination of
the exposure or within 1 year after the last payment was made.
Administering agency.—Workmen’s compensation bureau.
NEW YORK
[Cahill’s Consolidated Laws 1930, ch. 32, sec. 21 (2), ch. 66, secs. 3 (2), 18, 28,
37-48; session laws 1931, ch. 344]
Diseases or poisons and processes listed:
1. Anthrax: Handling of wool, hair, bristles, hides, or skins.
2. Lead poisoning or its sequelae: Any process involving the use of or direct
contact with lead or its preparations or compounds.
3. Zinc poisoning or its sequelae: Any process involving the use of or direct
contact with zinc or its preparations or compounds or alloys.
4. Mercury poisoning or its sequelae: Any process involving the use of or
direct contact with mercury or its preparations or compounds.
5. Phosphorus poisoning or it sequelae: Any process involving the use of or
direct contact "with phosphorus or its preparations or compounds.
6. Arsenic poisoning: Any process involving the use of or direct contact with
arsenic or its preparations or compounds.
7. Poisoning by wood alcohol: Any process involving the use of wood alcohol
or any preparation containing wood alcohol.
8. Poisoning by benzol or nitro, hydro, hydroxy, and amido derivatives of ben
zene (dinitro-benzol, aniline, and others), or its sequelae: Any process involving
the use or direct contact with benzol or nitro, hydro, hydroxy, or amido deriva
tives of benzene or its preparations or compounds.
9. Poisoning by carbon bisulphide or its sequelae, or any sulphide: Any process
involving the use of or direct contact with carbon bisulphide or its preparations
or compounds, or any sulphide.
82
STATE REPORTING OF OCCUPATIONAL DISEASE
10. Poisoning by nitrous fumes or its sequelae: Any process in which nitrous
fumes are evolved.
11. Poisoning by nickel carbonyl or its sequelae: Anv process in which nickel
carbonyl is evolved.
12. Dope poisoning (poisoning by tetrachlor-methane or any substance used as
or in conjunction with a solvent for acetate of cellulose or nitrocellulose) or its
sequelae: Any process, involving the use of or direct contact with any substance
used as or in.conjunction with a solvent for acetate of cellulose or nitrocellulose.
13. Poisoning by formaldehyde and its preparations: Any process involving the
use of or direct contact with formaldehyde and its preparations.
. 14. Chrome ulceration or its sequelae or chrome poisoning: Any process involv
ing the use of or direct contact with chromic acid or bichromate of ammonium,
potassium, or sodium, or their preparations.
15. Epitheliomatous cancer or ulceration of the skin or of the corneal surface
of the eye, due to tar, pitch, bitumen, mineral oil, or paraffin, or any compound,
product, or. residue of any of these substances: Handling or use of tar, pitch,
bitumen, mineral oil, or paraffin, or any compound, product, or residue of any of
these substances.
16. Glanders: Care or handling of any equine animal or the carcass of any such
animal.
17. Compressed-air illness or its sequelae: Anv process carried on in compressed
air.
18. Miners’ diseases, including only cellulitis, bursitis, ankylostomiasis, teno. synovitis, and nystagmus: Any process involving mining.
'
19. Cataract in glass workers: Processes in the manufacture of glass involving
exposure to the glare of molten glass.
20. Radium poisoning or disability due to radioactive properties of substances
or to roentgen rays (X-rays): Any process involving the use of or direct contact
with radium or radioactive substance or the use of or direct exposure to roentgen
rays (X-rays).
21. Methyl chloride poisoning: Any process involving the use of or direct
contact with methyl chloride or its preparations or compounds.
22. Carbon monoxide poisoning: Any process involving direct exposure to
carbon monoxide in buildings, sheds, or enclosed places.
_ 23. Poisoning by sulphuric, hydrochloric, or hydrofluoric acid: Anv process
involving the use of or direct contact with sulphuric, hydrochloric, or hydro
fluoric acids or their fumes.
24. Respiratory, gastro-intestinal, or physiological nerve and eye disorders due
to contact with petroleum products and their fumes: Any process involving the
use of or. direct contact with petroleum or petroleum products and their fumes.
. 25. Disability arising from blisters or abrasions: Any process involving con
tinuous friction, rubbing, or vibration causing blisters or abrasions.
. 26. Disability arising from bursitis or synovitis: Any process involving con
tinuous rubbing, pressure, or vibration of the parts affected.
27. Dermatitis (venenata): Any process involving the use of or direct contact
with, acids, alkalies, acids or oils capable of causing dermatitis (venenata).
Limitation on coverage:
Neither employee nor his dependents shall be entitled to compensation for
disability or death resulting from disease unless the disease is due to the nature
of his employment and contracted therein, or in a continuous employment similar
to that in which he was engaged at the time of his disablement, within the 12
months previous to the date of disablement, whether under one or more employers.
Year’s limit not to apply if both contraction and disablement occur under a single
employer and employment. If an employee, at the time of his employment,
willfully and falsely, represents in writing that he has not previously suffered from
the disease which is the cause of disability or death, no compensation shall be
payable.
Requirement as to procedure:
Date of disablement shall be such date as the board may determine.
Compensation due shall be recoverable from last employer in the employment
to which the disease was due and in which it was contracted. Employer may
appeal for apportionment among prior employers.
Notice is to be given to last employer in the employment to which the disease
was due and shall be deemed seasonable against prior employers.
If requested, employee or dependents shall furnish last employer or the board
with information as to names and addresses of all other employers during the 12
months previous to disablement.
APPENDIX I
83
If such information is not given or is not sufficient to enable last employer to
take proceedings against prior employers, last employer is not liable unless it is
established that the disease actually was contracted while in his employ, or he
shall be liable only for such part of the compensation as the board shall deem just.
Time limit for notice and claim:
No limitation of time against a minor or person mentally incompetent as long
as he has no guardian. In cases of occupational disease notice shall be given to
commissioner and employer within 90 days after the disablement.
Claim must be made within 1 year after disability or death. Objection to
failure to file claim must be raised at the first hearing or it is no bar. Where
advance payment has been made the board may order a hearing as though a claim
had been filed. By unanimous vote of the members the board may permit the
filing of a claim after 1 year but not exceeding 2 years.
Administering agency.—Industrial commissioner; industrial board.
OHIO
[General code (Page) 1932, secs. 871-12, 1465-68a, 1465-68c, 1465-72b, 1465-99a]
v
4
Diseases or poisons and processes listed:
1. Anthrax: Handling of wool, hair, bristles, hides, and skins.
2. Glanders: Care of any equine animal suffering from glanders; handling of
carcass of such animal.
3. Lead poisoning: Any industrial process involving the use of lead or its prep
arations or compounds.
4. Mercury poisoning: Any industrial process involving the use of mercury or
its preparations or compounds.
5. Phosphorus poisoning: Any industrial process involving the use of phos
phorus or its preparations or compounds.
6. Arsenic poisoning: Any industrial process involving the use of arsenic or
its preparation or compounds.
7. Poisoning by benzol or by nitro and amido derivatives of benzol (dinitrobenzol, aniline, and others): Any industrial process involving the use of benzol
or a nitro or amido derivative of benzol or its preparations or compounds.
8. Poisoning by gasoline, benzine, naphtha, or other volatile petroleum
product: Any industrial process involving the use of gasoline, benzine, naphtha,
or other volatile petroleum product.
9. Poisoning by carbon bisulphide: Any industrial process involving the use
of carbon bisulphide or its preparations or compounds.
10. Poisoning by wood alcohol: Any industrial process involving the use of
wood alcohol or its preparations.
11. Infection or inflammation of the skin on contact surfaces due to oils, cutting
compounds or lubricants, dust, liquids, fumes, gases, or vapors: Any industrial
process involving the handling or use of oils, cutting compounds or lubricants,
or involving contact with dust, liquids, fumes, gases, or vapors.
12. Epithelioma cancer or ulceration of the skin or of the corneal surface of
the eye due to carbon, pitch, tar, or tarry compounds: Handling or industrial
use of carbon, pitch, or tarry compounds.
13. Compressed-air illness: Any industrial process carried on in compressed
air.
14. Carbon dioxide poisoning: Any process involving the evolution or resulting
in the escape of carbon dioxide.
15. Brass or zinc poisoning: Any process involving the manufacture, founding,
or refining of brass or the melting or smelting of zinc.
16. Manganese dioxide poisoning: Any process involving the grinding or milling
of manganese dioxide or the escape of manganese dioxide dust.
17. Radium poisoning: Any industrial process involving the use of radium and
other radioactive substances in luminous paint.
18. Tenosynovitis and prepatellar bursitis: Primary tenosynovitis characterized
by a passive effusion or crepitus into the tendon sheath of the flexor or extensor
muscles of the hand, due to frequently repetitive motions or vibration, or pre
patellar bursitis due to continued pressure.
19. Chrome ulceration of the skin or nasal passages: Any industrial process
involving the use of or direct contact with chromic acid or bichromates of am
monium, potassiusm or sodium or their preparations.
20. Potassium cyanide poisoning: Any industrial process involving the use of
or direct contact with potassium cyanide.
84
STATE REPORTING OF OCCUPATIONAL DISEASE
21. Sulphur dioxide poisoning: Any industrial process in which sulphur dioxide
gas is evolved by the expansion of liquid sulphur dioxide.
Limitation on coverage:
_
No person shall be entitled to compensation unless for 90 days next preceding
the filing of a claim the employee has been (1) a resident of Ohio or (2) employed
by an employer required by law to contribute to the occupational disease fund of
Ohio for the benefit of such employee, or to compensate such employee, directly,
as provided in the law.
Disease must have been contracted in the course of employment within 12
months previous to the date of disablement.
No compensation shall be paid on account of disability or death from occu
pational disease suffered by an employee who at the time of entering into the
employment from which the disease is claimed to have resulted shall have willfully
and falsely represented himself as not having previously suffered from such dis
ease. Compensation shall not be awarded on account of both injury and disease,
except when the disability is caused by such disease and an injury, in which event
the commission may apportion the payment of compensation between the funds.
Time limit for notice and claim.—In all cases of occupational disease, or death
resulting from occupational disease, claims for compensation shall be forever
barred unless application be made within 4 months after the disability due to the
disease began.
Administering agency.—Industrial commission.
PUERTO RICO
[Session laws 1928, Act 85, secs. 3 and 7]
Diseases or poisons and processes listed:
1. Anthrax: Handling of wool, hair, bristles, hides, and skins.
2. Glanders: Care of any equine animal suffering from glanders; handling
carcass of such animal.
3. Lead poisoning: Any industrial process involving the use of lead or its
preparations or compounds.
4. Mercury poisoning: Any industrial process involving the use of mercury or
its preparations or compounds.
5. Phosphorus poisoning: Any industrial process involving the use of phos
phorus or its preparations or compounds.
,
6. Arsenic poisoning: Any industrial process involving the use of arsenic or
its preparations or compounds.
_
7. Poisoning by benzol or by nitro and amido derivatives of benzol (dinitrobenzol, aniline, and others): Any industrial process involving the use of benzol
or a nitro or amido derivative of benzol or its preparations or compounds.
8. Poisoning by gasoline, benzine, naphtha, or other volatile petroleum
products: Any industrial process involving the use of gasoline, benzine, naphtha,
or other volatile petroleum products.
. 9. Poisoning by carbon bisulphide: Any industrial process involving the use
of carbon bisulphide or its preparations or compounds.
10. Poisoning by wood alcohol: Any industrial process involving the use of
wood alcohol or its preparations.
.
11. Infection or inflammation of the skin on contact with compound cutting
oils or lubricants, dust, liquids, fumes, gases, or vapors: Any industrial process
involving the handling or use of compound cutting oils or lubricants, or involving
contact with liquids, fumes, gases, or vapors.
12. Ulceration of the skin or of the corneal surface of the eye due to carbon,
pitch, tar, or tarry compounds: Handling or industrial use of carbon, pitch, or
tarry compounds.
.
13. Compressed-air illness: Any industrial process carried on in compressed
all14. Carbon dioxide poisoning: Any process involving the evolution, or resulting
in the escape, of carbon dioxide.
15. Brass or zinc poisoning: Any process involving the manufacture, founding,
or refining of brass or the melting'or smelting of zinc.
Limitation on coverage.—Considered as occupational diseases when contracted
in the course of employment at any time within the 12 months prior to the
date of disability.
_
Administering agency.—Industrial commission.
Appendix II.—PROVISIONS OF COMPENSATION LAWS IN
WHICH OCCUPATIONAL DISEASE IN GENERAL IS
COVERED, BY STATE 1
CALIFORNIA
[Henning’s General Laws 1920, Act 2781, secs. 3, 5, 11, 15]
Provisions covering occupational disease.—The term “injury”, as used in this
act, shall include any injury or disease arising out of the employment, including
injuries to artificial members. In case of aggravation of any disease existing prior
to such injury, compensation shall be allowed only for such proportion of the
disability due to the aggravation of such prior disease as may reasonably be
attributed to the injury.
Time limit for notice and claim:
No limitation of time shall run against anyone under 21 years old or incompetent
until guardian or trustee is appointed.
Notice must be presented within 30 days from date of injury. Failure, defect,
or inaccuracy is no bar to recovery unless there was intention to mislead the
employer and in fact he was misled.
For an injury claim must be made within 6 months from date of injury. Claim
for death benefit must begin within 1 year of death and 240 weeks of injury and
can be maintained only when death ensues within 1 year from date of injury or
when injury causing death had caused disability which continued to the date of
death and for which disability payment was made or agreed to or proceedings
for collection commenced within the limit of time for recovery.
Payment of compensation, or any part thereof, or agreement therefor extends
the period in which proceedings may begin 6 months from date of last payment or
agreement.
Administering agency.—Industrial accident commission.
CONNECTICUT
[General statutes 1930, secs. 5223, 5232, 6241, 5245]
Provisions covering occupational disease.—The words “personal injury” or
“injury”, as the same are used in this chapter, shall be construed to include
* * * occupational disease as herein defined. The words “occupational
disease” shall mean a disease peculiar to the occupation in which the employee
was engaged and due to causes in excess of the ordinary hazards of employment
as such. The words “arising out of and in the course of his employment”, as
used in this chapter, shall mean * * * an occupational disease of such em
ployee originating while he shall have been engaged in the line of his duty in the
business or affairs of the employer upon the employer’s premises, or while so
engaged elsewhere upon the employer’s business or affairs by the direction,
express or implied, of the employer. A personal injury shall not be deemed to
arise out of the employment unless causally traceable to the employment other
than through weakened resistance or lowered vitality. In the case of aggravation
of a preexisting disease, compensation shall be allowed only for such proportion
of the disability or death due to the aggravation of such preexisting disease as
may be reasonably attributed to the injury upon which the claim is based.
Time limit for notice and claim:
Time for notice not stated, “shall forthwith notify.” Failure to give notice
may reduce compensation proportionately to the prejudice done the employer.
Employer must prove such prejudice.
Claim must be made within 1 year from date of injury or from first manifesta
tion of symptom, though if death occurs within 2 years claim may be made
within the 2-year period. Any claim against an employer in whose employ an
> Data on occupational disease originating in an accident are not included here. With the exception ot
the time limit for claims in Connecticut and adjustment of award in Wisconsin, the provisions given in
this summary are the provisions for industrial injuries also.
85
86
STATE REPORTING OF OCCUPATIONAL DISEASE
occupational disease is claimed to have originated must be made while in such
employ or within 3 years after leaving. If there has been a hearing, written
request for hearing, or voluntary agreement within the 1-year period, want of
claim is no bar to proceedings.
Administering agency.—-Compensation commission.
DISTRICT OF COLUMBIA
Note.—By
act of Congress of July 11, 1919, cli. 7, sec. 11, 41 Stat. 104, and
of May 17, 1928, ch. 612, 45 Stat. 600, the United States laws “Compensation for
Injuries to Employees of United States” and “Longshoremen’s and Harbor
Workers’ Compensation Act” were made to apply, with certain exceptions,
respectively to employees of the District of Columbia government and to all
other employments in the District. For provisions of these laws see United
States.
(
»_
HAWAII
[Revised laws 1925, vol. I. secs. 3604, 3624, 3625, 3627-3630; session laws 1931,
ch. 93]
Provisions covering occupational disease.—If a workman receive personal
injury * * * by disease proximately caused by the employment, or resulting
from the nature of the employment, his employer or the insurance carrier shall
pay compensation in the amounts and to the person or persons hereinafter
specified.
Time limit for notice and claim:
No limitation of time shall run as against a mentally incompetent person or a
minor dependent so long as he has no guardian or next friend.
Notice must be presented as soon as practicable after injury, unless employer
has provided medical aid, etc., or reported injury to board or insurer.
Want or delay of notice not to be a bar to claim if employer or his agent had
knowledge of the injury or if he was not prejudiced by the want or delay.
Claim must be made within 3 months of date of injury; in case of death 3
months after death unless payments of compensation had been made voluntarily.
Administering agency.—County industrial accident boards.
MASSACHUSETTS
[General laws 1932, ch. 152, secs. 1, 2, 26, 41, 44, 49]
Provisions covering occupational disease.—-If an employee receives a personal
injury arising out of and in the course of his employment, he shall be paid com
pensation.
Time limit for notice and claim:
Notice to be presented as soon as practicable. Want of notice no bar to
proceedings if insurer or agent had knowledge of injury or was not prejudiced
thereby.
Claim to be made within 6 months after injury or death; if there is physical or
mental incapacity the limitation dates from removal of such incapacity. Failure
to make a claim within time fixed shall not bar proceedings if occasioned by mis
take or other reasonable cause or if insurer was not prejudiced by delay. In no
case shall failure to make claim bar proceedings if insurer and employee have
executed an agreement in regard to compensation or payment has been made.
Administering agency.—Department of industrial accidents.
MISSOURI
[Revised statutes 1929, secs. 3336, 3337, 3354; session laws 1931, p. 383]
Provisions covering occupational disease.—* * * nothing in this chapter
contained shall be construed to deprive employees of their rights * * * per
taining to occupational diseases, unless the employer shall file with the commission
a written notice that he elects to bring himself with respect to occupational
disease within the provisions of this act * * * and any employee entering
the services of such employer and any employee remaining in such service 30
days after the posting of such notice shall be conclusively presumed to have
elected to accept this section unless he shall have filed with the commission and
his employer a written notice that he elects to reject this act.
-4
*
APPENDIX II
87
Time limit for notice and claim:
Notice to be presented within 30 days. Exception may be made if commission
finds there is good cause for failure or if employer was not prejudiced by failure.
Claim to be made within 6 months of injury, death, or date of last payment,
subject to modifications in the provisions as to legal disability from minority or
insanity.
Administering agency.—Workmen’s compensation commission.
NORTH DAKOTA
[Supplement to compiled laws 1913-25, secs. 396a2, 396a4, 396al5; session laws
1931, ch. 312]
Provisions covering occupational disease.—“Injury” includes * * * any
disease proximately caused by the employment. In case of aggravation of
disease existing prior to injury, compensation is allowed only for proportion of
disability due to aggravation of such disease as may be reasonably attributed to
injury.
Time limit for notice and claim.—Claim to be made within 60 days after injury
or death. If reasonable cause shown limit may be 1 year.
Administering agency.—Workmen’s compensation bureau.
PHILIPPINE ISLANDS
[Session laws 1927, Act 3428, secs. 2, 24, 27, 28, 31; session laws 1930, Act 3812]
Provisions covering occupational disease.—When an employee receives a personal
injury * * * or contracts any illness directly caused by such employment
or the result of the nature of such employment, his employer shall pay compensa
tion * * *.
Time limit for notice and claim:
No time limitation to apply to minor or mentally incapable person as long as he
has no guardian.
Notice to be presented as soon as possible after injury. In case medical, surgi
cal, and hospital services and supplies have been furnished by employer volun
tarily, notice within time limit is not necessary. Failure or delay is no bar if it
is shown that employer had knowledge of injury or was not prejudiced.
Claim to be made within 2 months after date of injury or in case of death 3
months after death. If employer has voluntarily made payment time limit shall
no longer be necessary.
Administering agency.—Bureau of labor.
WISCONSIN
[Statutes 1931, secs. 102.01 (2), 102.12, 102.14, 102.17 (4), 102.18 (5)]
Provisions covering occupational disease.—-“Injury” is mental or physical harm
to an employee and is extended to and includes diseases growing out of and inci
dental to the employment.
Special provisions.—If it shall appear that a mistake has been made in an award
of compensation for an injury, when in fact the employee was suffering from an
occupational disease, the commission may, within 3 years, make a new award.
Time limit for notice and claim:
Notice to be presented within 30 days. Failure or defect no bar if there was no
intention to mislead and the employer was not misled.
If no payment of compensation (other than medical treatment or burial) is
made, and no claim filed within 2 years, the right to compensation is barred.
The right to claim compensation shall not extend beyond 6 years from the date
of injury or death or last compensation paid (other than medical treatment or
burial), whichever is latest.
Administering agency.—Industrial commission.
88
STATE REPORTING OF OCCUPATIONAL DISEASE
UNITED STATES
CIVIL EMPLOYEES
[Code 1925, pp. 79, 80, 81, secs. 765-767, 769, 770, 778, 790]
Provisions covering occupational disease.—The term “injury” includes, in addi
tion to injury by accident, any disease proximately caused by the employment.
Time limit for notice and claim:
Notice must be presented within 48 hours after injury. Unless such notice is
given or immediate superior has knowdedge of the injury no compensation is
payable. For reasonable cause the commission may allow compensation if the
notice is filed within 1 year after the injury.
Claim must be made within 60 days after the injury or 1 year after death. For
reasonable cause commission may allow claims for disability to be made within 1
year.
Administering agency.—United States Employees’ Compensation Commission.
LONGSHOREMEN AND HARBOR WORKERS
[Code supplement VI, 1932, pp. 665,668, 673, secs. 902 (2), 912 (al. 912 (b), 912 (d),
913, 939]
Provisions covering occupational disease.—The term “injury” means * * *
such occupational disease or infection as arises naturally out of employ
ment * * *,
Time limit for notice and claim:
Notice m,ust be presented within 30 days after date of injury or death. Fail
ure is no bar to claim if the employer had knowledge of the injury or if he was not
prejudiced by the failure, or if deputy commissioner accepts as satisfactory the
reason for failure; or unless objection to failure was raised at the first hearing.
Claim must be made within 1 year after the date of injury or death or within 1
year after last payment of compensation is made.
Failure shall not be a bar unless objection is raised at the first hearing. If the
claimant is mentally incapable or a minor without a guardian the time limit is
applicable only from date of appointment of guardian or from date claimant
becomes of age.
In case of a suit to recover damages where recovery wras denied on the ground
that employee was entitled to compensation under this act, limitation of time
runs from termination of suit.
Administering agency.—United States Employees’ Compensation Commission.
‘V
Appendix III.—PROVISIONS OF LAWS REQUIRING THAT PHYSICIANS REPORT OCCUPATIONAL
DISEASES, BY STATE
[Based on supplement no. 100 to the Public Health Reports of U.S. Public Health Service—1 Laws and Regulations Relating to Morbidity Reporting”, 1933]
“
■
Diseases reportable
By whom reported
To whom reported
Alabama___________ —.
Code 1928, secs. 1092,
1093, 1097, 1098.
Any disease or disability of
the nature of the person’s
employment.
Every physician who
treats or examines per
son suspected of hav
ing reportable disease.
County health officer
who reports to State
board of health.
Arizona...................... .........
Any occupational disease... Every physician who
knows or suspects pa
tient to be suffering
from occupational dis
ease.
Time limit for
reporting
Local board of health
which makes reports
to State board of
health.
Board of health. Reg
ulations, revised March
1924, ch. 1, secs. 1, 2, and
4; revised code 1928, sec.
2700.
Connecticut...................... .
General statutes 1930,
sec. 2423.
Any disease contracted as a
result of the nature of the
person's employment.
Georgia............. -............... Any disease, disability, or
injury contracted as a re
B oard of health. Reg
sult of the nature of the
ulations governing the
person's employment.
reporting of notifiable
diseases and accidents,
1925, secs. 1, 2, 6.
Illinois.........................
Department of public
health.
Manual and
outline of procedure for
health officers for the
control of communicable
diseases, 1931. Cahill's
Revised Statutes 1931,
ch. 65a, sec. 4.
Occupational poisoning------
Every physician having
knowledge of such a
case.
Within 5 days... On blanks provided by State
board of health.
board of health or by State
board of health.
Department of health. Within 48 hours. Name, address, occupation of
patient; name, address, and
business of employer; nature
of disease, and any other in
formation that may be re
quired, on blanks supplied
by the department of health.
Every person treating or Local health authority
who report s to board
examining person hav
of health.
ing or suspected of
having a notifiable
disease, or anyone in
charge of the case.
Physician or other per
son having knowl
edge.
Form of report
Local health authori
ties who make re
ports to the depart
ment of public
health.
Within 1 week
after making
diagnosis.
On blank supplied by State
board of health. Name, ad
dress, location, race, sex,
and age of the patient are to
to be given.
Immediately----- Prescribed minimum form___
a*
Penalty
Not stated.
Not less than $10 nor
more than $50 fine,
or imprisonment of
not more than 30
days, or both.
If a physician, li
cense shall be re
voked.
Fine of not more
than $10. (For
each report physi
cian receives 50
cents.)
APPENDIX III
State
Not stated.
Not more than $200
fine, or 6 months'
imprisonment, or
both.
OO
CO
Appendix
III.—Provisions of laws requiring that physicians report occupational diseases, by Slate—-Continued
©
O
[Based on supplement no. 100 to the Public Health Reports of U.S. Public Health Service—"Laws and Regulations Relating to Morbidity Reporting”, 1933]
1
State
By whom reported
Any disease or disability
contracted as a result of
the nature oi the person’s
employment.
Every physician or prac
titioner of the healing
art who treats or ex
amines a person suf
fering from any of
these diseases.
Revised statutes 1930,
ch. 22, secs. 26, 28.
Any ailment or disease con
tracted as a result of the
person’s occupation or
employment.
Every physician attend
ing or called to visit a
person suffering from
an occupational dis
ease.
Annotated code (Bagby) 1924, art. 43, sec. 14.
Any ailment or disease con
tracted as the result of the
nature of the patient’s em
ployment.
Time limit for
reporting
Every physician attend Board of health, which
ing or called in to visit
shall transmit report
a patient whom he be
to the State bureau
lieves to be suffering
of statistics and in
from an occupational
formation.
disease.
Board of health.
Laws, rules, and regu
lations relating to pub
lic health, March 1928,
rule 5, p. 39; revised
statutes 1923, sec. 65-127.
Massachusetts_ ____ Any ailment or disease con
_
General laws 1932, ch.
tracted as a result of the
149, sec. 11.
nature, circumstances, or
conditions of the patient’s
employment.
Department of labor and in
dustries may issue a list of
diseases to be regularly re
ported upon by physi
cians.
Compiled laws 1929,
secs. 8613, 8614.
To whom reported
Immediately___ Special blank to be furnished
by State board of health.
Department of health. Within 10 days
after first at
tending.
Every physician treat
ing a patient believed
to be suffering from
such a disease.
Department of labor
and industries,
which will furnish
copies on request to
the State depart
ments of industrial
accidents and of
public health.
Poisoning from lead, phos Every physician attend
phorus, arsenic, or mer
ing or called upon to
cury, or their compounds,
treat a person whom
or from anthrax, or from
he believes to be suf
compressed-air illness, con
fering from a report
tracted as a result of the
able disease.
nature of the patient’s em
ployment.
Department of health
which shall transmit
copy to the depart
ment of labor and
industry.
"
Form of report
Patient’s name, post-office ad
dress, place of employment,
nature of occupation, disease
or ailment from which suf
fering, and any other infor
mation that may be re
quired.
Patient’s name, full postal ad
dress, place of employment,
nature of occupation and
disease, and such other in
formation as may be re
quired by board of health.
1
Fine of not less than
$25 nor more than
$100.
$5 nor more than
$10.
$10.
Not stated.
time as de
partment of
labor and in
dustries may
fix.
Patient’s name, post-office ad
dress, and place of employ
ment, length of time of such
employment, and disease
from which suffering.
J33I
Penalty
than $50.
STATE REPORTING OF OCCUPATIONAL DISEASE
Diseases reportable
V
Every physician attend
ing a patient whom he
believes to be suffering
from such a disease.
Commissioner of labor ----- do...
Name, address, and place of
employment of patient, and
disease from which he is suf
fering and any other infor
mation that might be re
quired by commissioner of
labor.
Fine of not more
than $10 or im
prisonment of not
more than 10 days.
Missouri
Public health man
ual, book IV, 1928, sec.
I, division D, sec. II;
revised statutes 1919,
sec. 5786.
Poisoning by: Aniline, ar
senic, benzine, benzol, bi
sulphide of carbon, brass,
carbon monoxide, dinitrobenzine, lead, naphtha,
natural gas, phosphorus,
turpentine, tetraethyl
lead or wood alcohol; com
pressed-air illness.
Physician in attendance
on a case.
Board of health.
Within 6 hours
after
seeing
case.
Report card giving name, ad
dress, age, and sex of patient;
disease, date of onset, and
name and address of em
ployer.
Punishable as a mis
demeanor.
New Hampshire
Public laws 1926, ch.
132, secs. 1,2,5.
Any ailment or disease con
tracted as a result of the
nature of the patient’s em
ployment.
Every physician attend
ing a patient whom he
believes to be suffering
from such disease.
Board of health which
shall transmit copy
to commissioner of
labor.
Within 48 hours. Patient's name, address, and Penalty of $5 for each
occupation; employer’s name,
offense.
address, and business; na
ture of the disease, and such
other information as may
reasonably be required by
the board. Board to furnish
blanks.
New Mexico
Bureau of public
health. Regulations
governing the reporting
of notifiable diseases
and accidents, 1922, sec.
1, 2, 6, 7; tatutes 1929,
sec. 110-317.
Any disease, disability, or
injury contracted as a re
sult of the nature of the
person’s employment.
Any person who treats Local health officer
or examines for diag
who shall forward
nosis or treatment such
copy of report to
State bureau of pub
a case.
lic health.
oflZZ9
Poisoning from lead, phos
phorus, arsenic, or mer
cury or their compounds,
or from anthrax or from
compressed-air illness con
tracted as a result of the
nature of the patient’s em
ployment.
I
Within 6 hours
after making
diagnosis.
Report on blanks furnished by Fine of not less than
State bureau of public health,
$5 nor more than
giving (1) County; (2) city,
$100 or imprison
town, village, township, or
ment for not less
school district where case
than 5 days nor
occurs; (3) date of report;
more than 90 days,
(4) name of disease or sus
or both.
pected disease; (5) date of
onset of disease; (6) patient’s
name, age, sex, race, and
address; (7) place of employ
ment and occupation; (8)
name of householder and
parent; (9) number in the
household; (10) probable
source of infection or origin
of disease.
APPENDIX III
Minnesota........................
Mason's Statutes 1927,
secs. 4198 and 4199.
CO
Appendix
III.—Provisions of laws requiring that physicians report occupational diseases, by State—Continued
[Based on supplement no. 100 to the Public Health Reports of U.S. Public Health Service—“Laws and Regulations Relating to Morbidity Reporting”, 1933]
State
By whom reported
Poisoning by lead, phos
phorus, arsenic, brass,
wood alcohol, mercury, or
other compounds, or from
anthrax, or from com
pressed-air illness, con
tracted as the result of the
nature of employment.
Every physician attend
ing a person whom he
believes to be suffering
from any such disease.
To whom reported
missioner.
Department of health
which shall transmit
copy to officer in
charge of factory in
spection.
Time liir!t for
reporting
Fine of not less than
$20 nor more than
$50 for first offense;
$50 to $250 or im
prisonment of not
more than 30 days,
or both, for second
offense; not less
than $250 or not
more than 60 days'
imprisonment, of
both, for third of
fense.
Name, address, and occupation of patient; name, ad
dress, and business of em
ployer; nature of disease,
such other information as
may reasonably be required
by the State health depart
ment. Blanks furnished by
department of health.
Fine of not more than
$100, or imprison
ment of 90 days, or
both, but no im
prisonment for the
first offense.
Within 48 hours
from time of
first attend
ance.
Poisoning from lead, phos Every physician attend
ing or called in to visit
phorus, arsenic, brass,
a patient he believes to
wood alcohol, mercury, or
their compounds; or from
be suffering from an
occupational disease.
anthrax, or from com
pressed-air illness, and such
other occupational dis
eases and ailments as the
State department of health
requires to be reported.
General code (Page)
1932, sec. 1465-99a.
Any occupational disease
covered by workmen’s
compensation act.
Every physician attend
ing or called in to visit
a patient whom he be
lieves to be suffering
from an occupational
disease covered by
workmen’s compensa
tion act.
Industrial commission. Within 48 hours
of making first
diagnosis.
Any poisoning resulting
from the nature of the oc
cupation.
Every person who treats
or examines for diag
nosis any person suf
fering from a notifiable
disease.
Local health officer
who shall forward
report to State board
of health.
Penalty
Not stated_____ Patient’s name, address, place
of employment, disease, and
such other information as
commissioner may require.
Ohio________ ________
General code (Page)
1932, secs. 1243-1, 1243
2, 1243-5.
Board of health. Rules
and regulations, 1927,
secs. 8, 15, 16; code 1930,
vol. 3, title 59 sec., 1302.
Form of report
"Within 24 hours
after diagnosis
or suspecting
the disease to
be one requir
ed to be re
ported.
Name, address, and occupa Fine not to exceed
tion of patient; name and ad
$100 or imprison
ment of 90 days, or
dress of business in which
employed; nature of disease;
both, but no im
prisonment for the
such other information as
may be required by indus
first offense.
trial commission.
Blanks
furnished.
Form required by regulation;
name of disease, or suspected
disease, patient’s name, ad
dress, race, sex, and age.
Fine of not more
than $1,000 or im
prisonment for not
more than a year
or both.
STATE REPORTING OF OCCUPATIONAL DISEASE
Cahill’s Consolidated
Laws 1930, ch. 32, sec.
206; ch. 41, sec. 1275.
Diseases reportable
Local health authori
ties or if none to the
State department of
health.
Anthracosis, or poisoning by
arsenic, brass, carbonmonoxide, lead, mercury,
natural gas, phosphorus,
wood alcohol, naphtha,
bisulphide of carbon, dinitrobenzine, or caisson
disease.
Every physician who
shall treat or examine
any person suffering
from any such disease
or poison.
Rhode Island
General laws 1923,
secs. 2175, 2176,2178.
Any ailment or disease con
tracted as a result of the
nature of the patient’s em
ployment.
Every physician attend Board of health which
shall transmit copy
ing or called in to visit
to the chief factory
a patient he believes
inspector.
suffering from an occu
pational disease.
Wisconsin_________
Statutes 1931, sec. 6949.
Poisoning from lead, phos Every medical practi
tioner attending or
phorus, arsenic, mercury,
called in to visit a pa
or their compounds, or
tient he believes to be
from compressed-air illness,
suffering from one of
contracted as a result of the
the stated diseases or
nature of the patient’s em
poisonings.
ployment.
Board of health.
Forthwith.
Not stated.
Within 48 hours
of first attend
ance.
Patient’s name, address, and
occupation,
employer’s
name, address, and business,
nature of the disease, and
such other information as
may reasonably be re quired.
Blanks furnished by State
board of health.
Not stated.
Patient’s name, full postal ad
dress, place of employment,
and disease from which, in
practitioner’s opinion, the
patient is suffering.
Not stated.
Do.
Not exceeding $10.
(Industrial com
mission to enforce
with the assistance
of State and local
boards of health.)
APPENDIX III
Pennsylvania
Regulation of depart
ment of health, 1915.
CO
CO
Appendix IV.—PROVISIONS OF LAWS REQUIRING PERIODIC EXAMINATION OF WORKERS IN SPECIFIC
INDUSTRIES, BY STATE
<P
^
[Based on supplement no. 100 to the Public Health Reports ol TJ.S. Public Health Service—"Laws and Regulations Relating to Morbidity Reporting,” 1933J
Industries and processes
Report
Frequency of
examination
Liability
Content
Sanitary code of
department of
health, May 1,1927,
regulation 261; gen
eral statutes 1930,
sec. 2370.
Revised statutes
(Smith-Hurd) 1931,
ch. 48, secs. 74-76,
77, 86.
Revised statutes
1929, secs. 13253,
13255-13257,13265.
Manufacture of tetraethyl lead
and the blending of tetraethyl
lead to make ethyl fluid.
in which sugar of lead, white
lead, lead chromate, litharge,
red lead, arsenate of lead, or paris
green are employed, used, or
handled, or the manufacture of
brass or the smelting of lead or
zinc.
Any process, or manufacture, or
labor in which antimony, ar
senic, brass, copper, lead, mer
cury, phosphorus, zinc, their al
loys or salts, or any poisonous
chemicals,
minerals,
acids,
fumes, vapors, gases, or other
substances, are generated or
used, employed, or handled in
harmful quantities, or under
harmful conditions, or if such
contact is made in a harmful
way.
Penalty
To be sent to—
Monthly report giving numbers Department of
of workers employed at the be
health.
ginning and the close of the
month, number of new work
ers, number separated from
tetraethyl lead work because
of examination, number of defi
nite cases of poisoning, and, as
far as known, the condition of
cases previously reported.
As often as once
a month.
Any person who vio
lates any provision.
Not more than $100 nor
more than 3 months’
imprisonment, or
both.
If no disease is found so report; if
disease is found give name, ad
dress, sex, age of employee,
name of employer, nature of
di-3ase or illness, probable ex
tent or duration, and last place
of employment, on blanks fur
nished by the State board of
health.
Board of health
shall transmit
copy to depart
ment of factory
inspection.
Physician to report;
employer to provide
for examination.
Not more than $100 nor
less than $10 for first
offense and not more
than $200 nor less
than $50 for subse
quent offenses.
If any such disease is found physi Board of Health,
cian shall so report. Report
commissioner of
shall state on blanks furnished
labor and indus
by the State board of health,
trial inspection,
employer’s name, address, and
and employer.
business, the nature of the di
sease and its probable extent
and duration, and last place
and length of employment.
Physician to report.
Employer to provide
for examination.
Not less than $50.
Not less than $25 nor
more than $200.
STATE EEPOKTING OF OCCUPATIONAL DISEASE
State
L
Cumulative sup
plement to compiled
statutes 1911-24,
title 107, secs. HOB
(2), HOB (6), HOB
(7), HOB (9).
General code
(Page) 1932, secs.
6330-2, 6330-6, 6330
7, 6330-9.
i
r
Statutes 1920, secs.
13662, 13666-13668.
Work or process in the manufac
ture of white lead, red lead,
litharge, sugar of lead, arsenate
of lead, lead chromate, lead sul
phate, lead nitrate or fluosilicate,
where employee is exposed to
lead dusts, lead fumes, or lead
solutions.
Every work or process in the man
ufacture of white lead, red lead,
litharge, sugar of lead, arsenate
of lead, lead chromate, lead sul
phate, lead nitrate, or fluosilicate
involving exposure to lead dusts,
lead fumes, or lead solutions.
At least month
ly (during
(working
hours).
Employer to provide
for examination.
Employee to submit
to examination and
truthfully answer
questions pertaining
to lead poisoning.
Employer to provide Not more than $100 nor
less than $10.
for examination; em
ployee to submit to
examination
and
truthfully answer
questions pertaining
to lead poisoning.
Department
of
health and de
partment of la
bor and indus
try.
$10 for each offense.
Do.
APPENDIX IV
i'
$50 for each offense.
Board of health
and labor de
partment.
Board of health
and department
of factory in
spection.
Employee’s name, occupation,
and address; employer’s name,
business, and address; nature
and probable extent of disease;
and any other information re
quired by the State board of
health on blanks to be fur
nished by the board.
Every work or process in the man
ufacture of white lead, red lead,
litharge, sugar of lead, arsenate
of lead, lead chromate, lead sul
phate, lead nitrate, or fluosilicate
where employee is exposed^ to
lead dusts, lead fumes, or lead
solutions. Every work or pro
cess in the manufacture of pot
tery, tiles, or porcelain enameled
sanitary ware where employee
is exposed to lead dust or solu
tions.
<©
Or
Appendix V.—PROVISIONS OF LAWS PROHIBITING OR REGU
LATING THE EMPLOYMENT OF WOMEN IN OCCUPA
TIONS WITH DISEASE HAZARDS, BY STATE
PROHIBITION OF EMPLOYMENT 1
BLANKET PROVISIONS
Colorado
Compiled laws 1921, sec. 1,265
It shall be unlawful to employ women or minors in any occupation within this
State under conditions of labor detrimental to their health and morals.
Kansas
Revised statutes 192S, ch. 44, sec. 61,0
It shall be unlawful to employ women under conditions of labor detrimental
to their health or welfare.
Michigan
Compiled laws 1929, sec. 8497
No female shall be employed in any place detrimental to her morals, her
health, or her potential capacity for motherhood.
North Dakota
Supplement to compiled laws 1918-25, sec. S96bS
It shall be unlawful to employ women in any occupation detrimental to their
health or morals.
Oregon
Code of 19S0, vol. 3, title 1,9, sec. 815
It shall be unlawful to employ women in any occupation under conditions
detrimental to their health or morals.
Washington
Remington's Revised Statutes 1931, sec. 7624.
It shall be unlawful to employ women under conditions of labor detrimental
to their health or morals.
Wisconsin
Statutes 1981, sec. 103.05 (8) (a) and (b)
It shall be unlawful to employ any woman in any employment or place dan
gerous or prejudicial to her life, health, safety, or welfare. Power to determine
such occupations or places is given to the industrial commission.
SPECIFIC PROVISIONS
LEAD HAZARDS
New Jersey
Department of labor. Bureau of hygiene and sanitation.
Safety standards for Lead corroders, 1917, pp. 4, 14, 31
No female shall be permitted to handle any dry substance or dry compound
containing lead in any form in excess of 2 percent.
Pennsylvania
Department of Labor and industry.
Regulations for lead corroding, 1930, rule 3
No female shall be permitted to handle any dry substance or dry compounds
containing lead in any form in excess of 2 percent.
Pennsylvania
Department of labor and industry. Regulations
affecting employment of women, 1981, rule W-9
The employment of women is prohibited in the taking down of blue beds in
the corroding stacks of the Old Dutch process after the process of corroding has
been completed.
They may not be employed in the setting up of blue beds unless the buckles
or lead plates used have not been previously corroded.
NITRO AND AMIDO COMPOUNDS
New Jersey
Department of labor. Bureau of hygiene and sanitation. Safety
standards for the manufacture of nitro and amido compounds, 1917, p. 8
The employment of women is prohibited in the manufacture of nitro and
amido compounds except in the office, or works hospital, or welfare room or
building.
> Compiled from Women’s Bureau bulletins 68-11 and 98.
96
97
APPENDIX V
_
.
rennsylvama
Department of labor and industry. Regulations * • * *
/or manufacture of nitro and amido compounds, 1928, sec 8 (I)
Forbids the employment of women in the manufacture of nitro and amido
compounds, except in the office, works hospital, welfare room or building, or in
the laboratories.
NITRATORS
Pennsylvania
Department of labor and industry. Regulations
affecting employment of women, 1931, rule w-2 (3)
Forbids permitting women to handle nitrators in the manufacture of nitroglycerin.
EXPLOSIVES
Philippine Islands
Session laws 1933, act 3071
Prohibits employment of women in any place where explosives are used or
manufactured.
CORE ROOMS
Minnesota
Mason’s Statutes 1927, sec. 4073
Prohibits women placing cores in ovens, or taking them out of ovens.
MOVING ABRASIVES
Michigan1
Compiled laws 1929, secs. 8342-3346
Women are prohibited to use or operate wheels or emery belts of any descrip
tion, whether leather, leather covered, felt, canvas, paper, or cotton, or roiled
or coated with emery or corundum or cotton wheels used as buffs.
New York
Cahill’s Consolidated Laws 1930, ch. 32, sec. I46 («)
Women in factories are forbidden to be employed in the operation or use of
any emery, tripoli, rouge, corundum, stone, carborundum, or any abrasive or
emery polishing or buffing wheel, where articles of the baser metals or of
iridium are manufactured. Women over 21 years of age, however, are permitted
to operate such wheels for wet grinding under conditions specified by the industrial
board.
°hi0
General code (Page) 1932, sec. 1027
Prohibits the employment of women in operating, assisting to operate, or using
emery wheels or belts rolled or coated with emery or corundum or cotton wheels
used as buffs.
COKE OVENS
Colorado
Compiled laws 1921, sec. 3546
The employment of women is prohibited in or about coke ovens except in
clerical capacity in an office.
BLAST FURNACES; WORK AS MOLDERS
Ohio
General code (Page) 1932, sec. 1008-1
Forbids the employment of women as molders, or as workers in blast furnaces.
WELDING
Pennsylvania
Department of labor and industry, Regulations
affecting employment of women, 1931, rule W-7
Women shall not do electric, acetylene, oxyhydrogen, or other forms of welding
or cutting except in the operations of bench welding, machine welding, welding
in the manufacture of radio tubes, and such other operations as the industrial
board shall prescribe. Women working at these operations shall wear protective
clothing and they shall not be required or permitted to handle cylinders containing
gases.
MINES, QUARRIES, SMELTERS
Alabama
Code 1928, sec. 1724.
Prohibits employment of women in or about any mine.
Arizona
Revised code 1928, sec. 1380
Prohibits women from employment in or about any mine, quarry, or coal
breaker.
Arkansas
Prohibits employment of women in coal mines.
i Because of its ambiguous wording, this law has never been enforced.
Digest of the statutes 1921, sec. 7266
98
STATE REPORTING OF OCCUPATIONAL DISEASE
Compiled laws 1931, sec. 351,6
Colorado
Prohibits employment of women in or about coal mines except in clerical capac
ity in an office.
Illinois
Revised statutes (Smith-Hurd) 1981, ch. 98, secs. 27,124
Prohibits employment at manual labor of women in or about any coal mine,
or in or about any metal mine.
Annotated statutes (Burns) 1926, sec. 10072
Indiana
Forbids women to enter a mine for the purpose of employment therein.
Maryland
Annotated code (Bagby) 1924, art■ 89, sec. 174
Women shall not be employed, permitted, or suffered to work in any capacity
in, about, or in connection with any mine, except in mine offices.
Revised statues 1929, sec. 18641
Missouri
Prohibits women from entering any mine to work.
New York
Cahill's Consolidated Laws 1980, ch. 82, sec. 146(6)
Women shall not be employed in, or in connection with, any mine or quarry.
General code (Page) 1931, sec. 1008-1
Ohio
Forbids the employment of women in mines, quarries, and smelters.
Statutes 1931, secs. lOSfS, 11153
Oklahoma
Forbids employment of women and girls under ground or in the operation of
any mines (lead, zinc, or other metals) except in a clerical capacity “on top of the
ground.” Forbids employment of women in any quarry.
Statutes 1930, secs. 18580-13685
Pennsylvania
Women are forbidden employment in any coal mine.
Session laws 1938, Act. 8071
Philippine Islands
The employment of women in mines is prohibited.
Compiled laws 1917, sec. 8668
Utah
It is unlawful for a woman to be employed to work in any mine or smelter.
Code 1980, sec. 1871
Virginia
Prohibits employment of women in coal mines.
Remington’s Revised Statutes 1931, sec. 8800
Washington
Prohibits employment of women in any mine or in or about the surface workings
of any mine except for clerical or messenger duty about the surface workings.
Statutes 1931, sec. 103.05 (3) (d) 3
Wisconsin
Prohibits the employment of women in or about a quarry or mine.
Revised statutes 1931, sec. 30-106
Wyoming
Prohibits employment of women “in or about any coal, iron, or other danger
ous mine, or underground works or dangerous place whatsoever, ” except in an
office or in the performance of clerical work.
REGULATION OF EMPLOYMENT *
COEE MAKING
Massachusetts
Department of labor and industries. Rules * * *
relating to * * * foundries, 1917, secs. 28-30
Where rooms in which core ovens are located adjoin rooms in which the making
and baking of cores are simultaneous operations and where the process generates
objectionable gases, smoke, and fumes in the room in which cores are made by
women the board at its discretion may require partitions between such rooms of
concrete, hollow tile, brick, metal, or other material, such partitions to have only
such openings as are required by the nature of the business. Said openings must
be vestibuled with revolving device or self-closing device approved by board
that will effectively trap and exclude gas, fumes, and smoke from core rooms.
New York
Cahill's Consolidated Laws 1980, ch. 82, sec. 147;
industrial board rules, 1915, nos. 582-585
Employment of women in making cores in brass, iron, or steel foundries
prohibited unless the room in which they work is separated by a full partition
from room in which cores are baked, (a) The partition must be of concrete,
a Compiled from Women’s Bureau bulletins 66-11 and 98. In addition, several States have general
regulations for the work of women in any occupation that exposes them to dust or fumes.
APPENDIX V
99
hollow tile, brick, metal, or wood covered with metal or other material approved
by the commissioner of labor. Only such openings as required by the nature of
the business may be in the partition.
(b) All openings in these partitions must be vestibuled with a revolving device
or self-closing double doors, or any other equally effective self-closing device.
This device must be kept in such condition that gases, fumes, and smoke shall be
effectively trapped.
Ohio
Industrial commission. Specific safety requirements * * *
in foundries, 1931, secs. 81-84
Partitions of “fire-resistive material” are required between rooms in which
core ovens are located, and rooms where cores are made by females and where
the making and baking of cores are simultaneous operations and the process
generates injurious gases, fumes, smoke, or excessive heat. There must be only
such openings as the nature of the operations requires and these openings must
be vestibuled with either a revolving device or self-closing double doors or other
device approved by the commission; such devices must be kept in such condition
that gases, fumes, and smoke shall be effectively trapped.
Pennsylvania
Department of labor find industry.
Regulations for foundries, 1919, rule 8
Where rooms in which cores are made by women adjoin rooms in which core
ovens are located and the making and baking are simultaneous operations, par
titions between the rooms must be of concrete, hollow tile, brick, metal, or other
material approved by the board, and there must be only such openings as are
required by the nature of the business. All such openings must be vestibuled
with a revolving device, self-locking double doors, or any other self-closing
device equally effective and approved by the board; such device to be kept in
condition so as to effectually trap gases, fumes, and smoke.
o
