CHAPTER LX

OCCUPATION DISEASES DUE TO EXCESSIVELY REPEATED MUSCULAR

ACTIONS. By THOMAS OLIVER, M.D., F.R.C.P., 815

Fatigue Neuroses: Scriveners’ Spasm, or Writers’ Palsy;

Telegraphists’ Spasm, or Cramp; Pianoforte Players’ Cramp, etc.;

Shoemakers’ Spasm--Boot and Shoe Making.

APPENDIX: SPECIAL RULES. By HAMILTON P. SMITH, _Retired

Commander R.N., and one of H.M. Inspectors of Factories_, 827

LIST OF ILLUSTRATIONS

FIGS. PAGE

1. Strong’s “Standard Guard” for Engine Fly-wheels, 207

2. Safety Starting-gear for Gas and Oil Engines, 208

3. Coupling with Dangerous Projecting Bolt-heads, 209

4. Safety Coupling with Countersunk Bolt-heads, 209

5. Collar with Dangerous Projecting Set-screw, 209

6. Collar with Countersunk Set-screw, 209

7. A Safe Form of Set-screw, 215

8. For Use with Screwdriver, 215

9. Halstead’s Patent Unbreakable Square-hole Solid-ended

Grub Screw, 215

10. Incomplete Guards for Spur Wheels, 216

11. Spur Wheels with Suitable Guards, 216

12. A Good Form of Guard to Cover Bevel Wheels 217

13. A Method of Covering Shaft Ends with a Sheet-metal Cap, 217

14. Knowles’ Improved Safety Hoist, 219

15. Morgan’s Patent Safety Catch, 221

16. Wadsworth’s Self-landing and Delivering Hoist, 222

17. Self-acting Mules. Shows Unsatisfactory Guard, 223

18. Shows a Guard which Completely Covers the Band round

Pulley, 223

19. Self-acting Mules, 224

20. Hargreave’s Mule Carriage Wheel Guard, 225

21. Hargreave’s Mule Carriage Wheel Guard, 225

22. Safe-guards for Ends of Looms, 226

23. Shuttle Guard, 227

24. Elvatka Guard, 227

25. Longmore’s Guard, 228

26. Victor Guard, 228

27. Woodhouse and Mitchell’s Guard, 229

28. Campbell and Greenwood’s Guard, 229

29. Power Presses, 230

30. Treatment of Persons apparently Killed by Electricity, 264

31. Treatment of Persons apparently Killed by Electricity, 265

32. Mild Form of Dermatitis in Flax-spinner, 268

33. Medium Degree of Dermatitis in Flax-spinner, 268

34. Severe Form of Dermatitis in Flax-spinner, 268

35. Severe Form of Dermatitis in Flax-spinner, 268

36. Disease of Finger Nails in Hide-dressers, 270

37. Severe Type of Disease of Finger Nails in a Hide-dresser, 270

38. Human Lung in Health, 272

39. Lead Miner’s Lung, 272

40. Steel Grinder’s Lung, 272

41. Coal Miner’s Lung, 272

42. Cement, 274

43. Sandstone, 274

44. Granite, 274

45. Lead Dust from Printing Shop, and Type-casting, 274

46. Gilchrist-Thomas’ Slag, 276

47. Needle Grinding, 276

48. Mother-of-Pearl, 276

49. Sawdust, 276

50. Flax, 276

51. Hemp, 276

52. Jute, 276

53. Cotton, 276

54. Silk, 276

55. Horn, 276

56. Ivory, 276

57. Felt Manufacture, 276

58. Dust from Fur Brushing Machine, 276

59. Dust from Rag Cleaning, 276

60. Bone Meal, 276

61. Dust from Wheat Cleaning, 276

62. Ordinary Slag, 276

63. Basic Slag, 276

64. Ganister, 276

65. Dust from Fork Grinding on Dry Stone, 276

66. Powdered Flint, 276

67. Glaze Cleaned off Ware, 276

68. Lead Mine, 284

69. Other View of Lead Mine, 286

70. A “Blue” Bed in a White Lead Factory, 288

71. Female Carrying Basins Filled with Washed White Lead from

Vat to Stoves, 288

72. Interior of Stove for Drying White Lead, 290

73. Section of Caisson Used in Rebuilding Redheugh Bridge, 729

74. The Simplon Tunnel Operations at Iselle, 738

75. Section of Simplon Tunnel, showing Difference in Levels

between North and South Ends 739

76. Section of Simplon Tunnel, showing Cross Gallery by Means of

which Air is Transmitted from Ventilating Passage to Head of

Tunnel where the Men are Working, 739

77. Interior of Bath-house and Vestiary for the Miners at the

Simplon Tunnel, Iselle, 740

78. Bottom Holing, 762

79. Bottom Holing. (To show Position of Head and Eyes), 762

80. Deputy Examining Roof, 764

81. Grinders. Edge-tool Grinding, 778

82. Men Engaged in Chipping, 780

83. Chipping against a Screen. Men Wearing Protectors, 780

84. Protectors, 782

85. Glass-blower when in Normal Condition, 806

86. A later Photograph of Glass-blower in Fig. 85, showing

RelaxedCondition of Cheeks, 806

87. German Sweep’s Costume, 810

88. Belgian Sweep’s Costume, 810

89. Shoemakers’ Chest, 823

LIST OF AUTHORS

ANDERSON, ADELAIDE M.

BALLANTYNE, A.

BELL, JOHN HENRY, M.D.

BROWN, JOHN, M.D., D.P.H.

COLLINGRIDGE, WILLIAM, M.D., ETC.

CUNYNGHAME, HENRY H., C.B.

DEANE, LUCY A. E.

DODD, JOHN R., M.D., ETC.

HALDANE, JOHN, M.D., F.R.S.

HAMER, W. H., M.D., F.R.C.P.

HEDLEY, JOHN, M.D.

JONES, H. LEWIS, M.D.

KELYNACK, T. N., M.D., M.R.C.P.

KEY, A. COOPER, _Major, late R.A._

KNYVETT, SEYMOUR H., M.A. (Oxon.)

LAURIE, A. P., M.A.

LEGGE, T. MORISON, M.D.

LOUIS, HENRY, M.A., A.R.S.M., F.I.C., F.G.S.

M’MILLAN, MARGARET.

MORRIS, MALCOLM, F.R.C.S.

OLIVER, THOMAS, M.D., F.R.C.P.

PATERSON, MARY M.

POWER, D’ARCY, F.R.C.S.

PURDON, HENRY S., M.D.

REID, GEORGE, M.D., D.P.H.

RICHMOND, H. S., B.A.

SIMON, ROBERT M., B.A., M.D. (Cantab.), F.R.C.P.

SMITH, HAMILTON, P., _Retired Commander R.N._

SNELL, SIMEON, F.R.C.S. (Edin.).

SQUIRE, ROSE E.

STUART, JOHN A. E., L.R.C.S. (Edin.)

TATHAM, JOHN, M.A., M.D., F.R.C.P.

TENNANT, H. J., M.P.

TENNANT, Mrs H. J.

WHEATLEY, JAMES, M.D., B.Sc.

WHITE, ROBERT PROSSER, M.D.

WHITE, SINCLAIR, F.R.C.S.

WILSON, HARRY J.

DANGEROUS TRADES

CHAPTER I

INTRODUCTION

The commencement of the Twentieth Century finds us discussing problems

and elaborating plans for the amelioration of the life of the people.

The last few years have witnessed an unexampled awakening of the public

to a sense of its responsibility in regard to conditions of labour and

unhealthy trades. The question is not should men and women work, but

how do particular trades affect individuals, physically and morally?

Like human life itself, industrial occupation has been a passage

from the simple to the complex, a process of evolution wherein each

succeeding stage of industrial development has been attended by labour

problems, social difficulties, and diseases particularly its own. An

attempt has been made to include within this book special knowledge,

and I have preferred that each contributor should express his or her

own opinions unfettered by editorial requirements, since the object

sought is not the promulgation of the views of a particular school,

but enlightenment, so that the lot of our working classes may be

improved, industrial hygiene promoted, and higher ideals if possible

attained. Living in a democratic age, we hear much of the claims of

the right to live, right to work, and the right of workers to a larger

share of the produce of their labour. These are not the subjects

dealt with in the following pages. There are certain side issues that

deserve consideration, but which can only be mentioned here. Social

advancement and commercial prosperity, while creating fresh desires,

often increase the difficulty of satisfying natural wants. The growth

of large towns and the concentration of people in the crowded homes

of our great cities are limiting the amount of pure air necessary to

the life of those collected there. Drinking water has to be brought

from distant sources and at great expense. The removal of the waste

or refuse of human activity is often as difficult a problem as the

conveyance of the necessaries of life. It is not, however, with such

problems as these we are concerned, but rather with the conditions

under which labour is carried on and its effect upon the people.

Manual labour and handicrafts exercised for the purpose of gain were

in a measure formerly controlled by family interests, subsequently by

guilds, and to-day they are largely regulated by trade unions. By trade

unions an attempt has been made, not only to sell labour in the highest

market, but to artificially restrict output by objecting to the use

of machinery, by requiring that machines shall run at a speed lower

than their full capacity, by demanding one day’s holiday during the

working week, claiming in many instances a uniform wage alike for the

skilled and the less skilled workman, and a reduction of the working

hours without a corresponding reduction of wages. Such methods in the

long run cannot but be disadvantageous to the workers themselves, for

they discourage industrial energy and enterprise, without which the

wage-fund must inevitably fall. Instead of mutual co-operation there

is an unnecessary conflict between labour and capital. The demands of

organised labour already mentioned have called forth a marshalling

of the forces of capital. Industrial competition concerns the sale

of labour as well as that of products. Some persons maintain that in

the bargaining that goes on capital has the advantage over labour.

Without expressing an opinion upon this point, it is apparent that

only organised capital is capable of holding its own against organised

labour.

The change from the domestic system of industry to the modern methods

of production by machinery and steam power forms what is known as the

Industrial Revolution, and marks an important epoch in the history of

the world. Within the last one hundred and thirty years the changes

produced in the social and intellectual condition of the people have

been enormous. Ever since the Industrial Revolution in our own country

there has been gradually coming a greater demand for knowledge on the

part of those workpeople who may subsequently acquire the control of

industries and direct the manufacture of machinery. There has been

created, if not immediately, certainly by degrees, a need both for

general education throughout the country and a special education for

those who wish to become leaders. On the one hand it has been felt

desirable to counteract the cramping effects of machinery and to

diminish the dwarfing influences of the division of labour upon the

intellect of the workpeople by giving them the benefits of a wider

education. As knowledge has been gained by the artisan classes,

their aspirations have naturally risen. With improved constitutional

means for the redress of grievances there has been in many instances

a gradual supplanting of methods that involve acts of violence and

intimidation, which years ago disgraced our large industrial centres.

Thus is it that while in the early decades of last century, shortly

after the Industrial Revolution and before labour had become organised,

factory legislation was promoted by the wealthier classes for the

benefit of the workers, the latter at the present time, with their

improved education and personal knowledge, can themselves bring to bear

upon the legislature demands for reform that are deserving of careful

consideration, especially when these are not extravagant and do not far

exceed the limit of experience. Factory legislation, while it embodies

the opinions of Members of Parliament who have studied labour problems

theoretically, and of a few who have practical knowledge, is a State

direction of our industries so far as relates to the safety, health,

and moral condition of the people, and which embraces to-day, more

than in any other epoch, the opinions of the workers themselves. The

story of factory life in Britain, of the long hours of toil spent by

children in the mills, and the physical suffering they endured, remains

a blot upon the pages of British history. Britain was the pioneer

of factory legislation--does she still lead the way? Her commercial

supremacy, we are told, is questioned, and the position she has long

held is being threatened by increasing competition. Despite this fact

there is a disinclination on the part of British manufacturers to admit

the necessity of learning anything from their Continental or American

friends. Is our country, both as regards methods of production and

factory legislation, abreast of the times and of other nations? Instead

of manufacturers hugging themselves into a state of industrial lethargy

which our insular position and national prejudices encourage, it would

be well if they sent their sons and heads of departments abroad to see

what other nations are doing.

Several things have prevented factory legislation being as far forward

as it ought to be. In our country no Government, however strong, can

hope to successfully introduce social legislation largely affecting

personal interests until public opinion has been educated to the belief

that the remedies proposed are really necessary. The facts likely to

carry conviction can only be produced after years of careful study and

investigation, consequently factory legislation has to some extent

progressed slowly. It is, however, fair to say that when certain

trades’ organisations or representative bodies combine to secure

amendments to Bills which, in their opinion, appear necessary, there

is a tendency on both sides of the Houses of Parliament to drop party

considerations, and to give facilities for well-considered legislation

likely to benefit the community. At this stage of our inquiry it may

therefore be not inopportune to refer to the Factory Act recently

passed (August 1901), the framing of Special Rules, and the means of

securing their observance.

In matters industrial the Home Secretary is not endowed with authority

equal to that enjoyed by similar officials on the Continent. The

arbitrary powers granted by foreign Governments for the regulation of

factories do not commend themselves to English politicians, and this

was borne in mind by the framers of the clauses in the Factory Act of

1891 relating to Special Rules and requirements, when each and every

occupier could demand that a matter of difference between himself and

the Secretary of State should be referred to arbitration. This system

may be said to have answered fairly well when dealing with small

trades, but certainly not in regard to extensive industries, such,

for instance, as the manufacture of pottery. In this particular trade

litigation has gone on for many years, and the questions at issue, at

the time of writing, are not yet settled. The methods now proposed

should not only secure fair-play to the manufacturer and the worker,

but should obviate loss of time and unnecessary labour. Under the Act

of 1891 the Secretary of State could not be held responsible to the

House of Commons, or to the country, for the final word rested with an

irresponsible arbitrator. Under the more recent provisions the ultimate

decision will rest, as it undoubtedly should, with Parliament. Having

certified that in his opinion any manufacture, machinery, process,

or description of manual labour used in factories or workshops is

dangerous, the Secretary of State may (subject to the provisions of the

Act) make such regulations as appear to him reasonable and practicable.

He must publish the proposals, with information as to where copies of

the suggested regulations can be obtained, and the time within which

objections may be made by, or on behalf of, the persons affected. He

is bound to consider their objections, and may, if he thinks fit,

amend the draft regulations, but where he does not amend or withdraw

these draft regulations, he is required to direct an inquiry by a

competent person, to be held in public, and the chief inspector, any

objector, or any other person affected, may appear either in person, by

counsel, or solicitor or agent. The witnesses may be examined on oath.

The proposed regulations may apply to all factories and workshops in

which the manufacture, machinery, process, or description of labour

certified to be dangerous is used, or to any specified class of

factories or workshops. The regulations may provide for the exemption

of any specified class of factories or workshops, either absolutely or

subject to conditions. They may prohibit the employment, and modify or

limit the period of employment, of all persons or any class of persons

in any process certified to be dangerous. They may prohibit the use of

any material or process, and modify or extend any special regulations

for any class of factories and workshops contained in the Factory Acts.

The regulations made under the new provisions shall not come into force

until they have been laid for a period of six weeks before both Houses

of Parliament. In the _London Gazette_ must be published notice of

the regulations made, and an announcement of the place where copies of

these can be procured.

The right of arbitration conceded to manufacturers has been sometimes

regarded as one of the means whereby the benefits of factory

legislation have been diminished. No person considers it desirable for

industrial liberty to be crippled by Acts of Parliament, or industrial

progress checked by Home Office interference, and yet the dictates of

humanity demand that no labour shall exceed the limits of endurance

of the workers, and that all occupations shall be made as healthy as

possible. The history of factory legislation is a record of attempts

made to better the conditions of labour, improve the health of workers,

and control the disposing power of employers over their workpeople.

Those who blame State interference as the cause of the doubtful decline

of our industrial supremacy, and who believe that it is checking

enterprise, are not making a sufficiently serious attempt to grapple

with the question by sifting all the facts carefully. It can be

demonstrated that legislation has not paralysed but has improved trade

as well as the conditions of labour.

At a meeting of the chemical industry in Glasgow, on 24th July 1901,

Mr Joseph Wilson Swan remarked that “two causes are contributing to

our loss as a nation in the chemical and metallurgical industries.

One is the supplanting of old methods of manufacture by newer,

_e.g._, the application of electricity. The electro-chemical and

electro-metallurgical industries of the future are grouping themselves

around large water-power stations,--90 per cent. of the power thus

used being obtained on the Continent from waterfalls. We have no such

available water-power in Britain, but we possess instead an abundance

of cheap coal. The other cause is the lack of scientific training,

and the indifference of our leaders of industry to the results of

scientific research. They are contented with the methods of production

of a bygone age. Their plant is old.” It is circumstances such as

these that explain, for example, the decay of the chemical industry

on Tyneside, and its transference to other localities at home and

abroad. As regards the causes that are threatening our industrial

supremacy, apart from the serious attempts made by countries possessing

the raw materials to complete the finished products on the spot, thus

hitting hard our textile and iron industries, I would emphasise the

higher technical education of the men who are heads of departments in

factories abroad compared with those in similar positions at home.

They are on the Continent a superior class of men. I am not for a

moment contending that the German or French workman is, as a workman,

superior to the average British artisan similarly employed. In many

respects I think our own is the more capable man; but the foreigner

is better directed, owing to the fact that the managers’ assistants

and principal foremen have been highly instructed; several of them

have had a University training, and they thus possess a theoretical as

well as a practical knowledge of the particular industry. Besides, it

is well known that in Germany at least, large firms employ men well

trained in chemistry and physics to do nothing but research work, with

the view of not only finding out new products, but of improving them

and cheapening their manufacture. Industrial methods, in a word, are

more scientifically studied on the Continent than at home, so that

while such labour troubles as strikes, and the higher wages paid to

English workmen, are to some extent responsible for the loss of some

of our manufactures and their transference to the Continent, the

cheapening of methods of production has not been without its influence.

As international competition becomes keener, and our manufacturers

endeavour to produce more cheaply by increasing the speed of their

machinery, there will be imposed upon the workpeople greater tension

during the hours of labour. Will this circumstance, also the rising

rents of houses and the consequent overcrowding in our large towns,

improve the physique of future workers? A study of the prospects of

the artisan classes is of necessity many-sided, since it must deal

not only with the effect of work upon their health, but take into

consideration the influence of their home life and surroundings. Our

large industries, excluding mining, have scarcely existed long enough

for us to realise to the full the physical changes they are inducing

in the workpeople. Hitherto there has been no great difficulty in

obtaining strongly-built men of good muscular development for hard

manual labour. Many of these have been taken from rural districts. As

these districts are becoming depopulated, they will cease to be the

source of supply they have been in the past. It is not altogether idle

to ask how far the second and third generations of the town-bred poorer

working classes will possess the necessary physical powers for hard

toil. Overcrowding and poverty are exercising a degenerating influence

upon the rising generation; besides, industrial occupation as carried

on in several of our large textile districts is preventing rather than

encouraging development, especially when children are employed at too

early an age. There is something in the air of such factories, it may

be the excessive heat and moisture, or the animal products given off

during perspiration and breathing, that interferes with the nutrition

of the body and checks its growth.

Half-timers, fortunately, are becoming fewer and fewer. Experience has

shown that they are not equal in physique to their classmates who are

allowed to remain all day at school. When healthy country children

have been taken into the factories of large towns, it has been found

that their normal rate of growth has been checked, so that after two

or three years’ work in the mills, they are observed to be of shorter

stature than their former playmates left at home and allowed to

rusticate. There is a limit to each person’s capability of doing work,

and when this is passed, the results are harmful. We should not ask

from any person more than his powers will enable him to accomplish.

For mechanical as well as manual labour there is a determined number

of hours beyond which the worker cannot proceed without physical

suffering on his part, while industrially with each succeeding hour

occupied there is a diminishing production. It is knowledge of this

fact, apart from economic considerations, that is used as a lever by

the working classes to obtain parliamentary sanction to limit still

further the hours of labour. Our attention, for example, is directed to

Australia, where, since 1856, the hours of toil have been reduced to

eight per day with a satisfactory result. In the coal mines, as well

as in the factories of Sydney, the week’s work is forty-four hours.

The eight-hours’ day has also been instituted in Tasmania, Victoria,

and New South Wales. A few years ago an eight-hours’ day was conceded

to the men employed in Woolwich Arsenal, and as this turned out to be

satisfactory, the Admiralty, in July 1894, took a similar step. There

are many writers who maintain that to a reasonable diminution in the

number of hours devoted to work there corresponds a qualitative and

quantitative increased production. There is a maximum beyond which

production is not profitable. The produce of one particular period

of the day cannot always be compared with that of another. While the

reduction from twelve to ten hours’ labour may have been beneficial,

and may even have improved production, it does not necessarily

follow that a reduction from nine to eight would be followed by a

corresponding result, and a reduction from eight to seven hours by

one still better. On this and other points the facts detailed further

on in this book by Mr A. P. Laurie, in his paper on Chemical Trades

under the heading “Health of Chemical Workers, etc.,” will be found

interesting. Too long hours are certainly a cause of accidents in

factories. Experience alone can settle the question of the number of

hours to be worked, and that number must clearly be not the same for

every occupation. Common sense, too, must dictate the minimum limit

of working hours. Men and women are conscious when their occupation

exceeds their strength; but the demands of the machinery they tend are

exacting, and so no difference is made between the strong and feeble

workmen. A few years ago, Messrs Mather & Platt, iron manufacturers,

Salford, reduced the number of hours worked in their factory from

fifty-three to forty-eight per week without reducing the wages of the

men, and this regulation is still, I believe, in force. Employers have

frequently questioned the value of the work done by the men between 6

A.M. and 8 A.M. Mr Mather holds the opinion that the first two hours

before breakfast are hardly worth the trouble and disarrangement which

they cause alike to the employers and the workers. Not only are these

two hours ineffective from a productive point of view, but their effect

upon the physical and mental condition of the men is to diminish their

vigour and spirits and their interest in what they are doing.

Coal mining is one of those industries from which an answer to this

question of the effectiveness of work in the early morning hours might

be expected, for the men work in two relays, a “fore” and “aft” shift,

and they change every fortnight. When working in the fore shift the

miners enter the pit about 3 A.M., and when in the aft at 10 A.M.,

each working in the North of England about six and a half hours. Mr

Ralph Young, Secretary to the Northumberland Miners’ Mutual Confident

Association, informs me, in answer to questions addressed to him on

this point, that the present method of working coal mines scarcely

allows of a satisfactory reply being given as to whether more work is

done during the fore or aft shift. There is a feeling among some of the

miners themselves that they can do more work in the fore shift, _i.e._,

between 3 A.M. and 10 A.M., but they attribute this circumstance not

to the particular hour of the day in which work is carried on, but to

the fact that the air in the coal mine is fresher and purer then than

later on in the day. In other occupations it is equally difficult to

get at the real facts of the case. To questions of a similar character

addressed to twenty foremen and men working in a large iron and steel

factory on Tyneside, I received the following answer--that more work is

done in the hours 9 to 11 A.M. than 6 to 8 A.M., and that a man does

more work after than before his breakfast. As regards the influence of

day and night shift, they all agreed that less work was done on the

night shift compared with the same number of hours of the day, but it

is difficult to express this in terms of percentages. Some of the men

stated that the amounts varied from 10 to 20 per cent. Against this, it

is only right to mention that some of my Infirmary patients working in

the same factory have told me that they believed after a time they did

as much work on the night as on the day shift. It was entirely a matter

of habit.

The Workmen’s Compensation Act, which was so strongly opposed by many

employers on the supposed ground that it would ruin the industries of

this country, has had apparently no effect in that direction. Although

it has theoretically increased their financial liability, as a matter

of fact many employers have been less out of pocket than formerly. The

Act has cleared the industrial atmosphere, made employers more careful

in their selection of workmen, more willing to safeguard machinery, and

do all they reasonably can to prevent accidents. It pays them to do so.

Until July 1898, when the Workmen’s Compensation Act of the previous

year came into force, in the case of all accidents coming under either

the common law or the Employers’ Liability Act 1880, the basis of the

action was negligence or wrongful act on the part of the defendant, or

of some person for whom the defendant was responsible. Since 1898 it

matters little how the accident was caused, the employer is held liable

by the Act of 1897. Certain trades only are included under the Act,

_e.g._, railways, factories, docks, laundries, mines, buildings 30

feet high, and any building in which machinery is driven by mechanical

power. So far as compensation for injury is concerned, the workman must

be incapacitated for more than two weeks as the result of the injury

before he can receive any benefit under the Act. After a fortnight a

weekly payment is secured to him of one half of his weekly wages during

his period of incapacity, or for six months, after which the employer

can claim to have his liability redeemed by paying a lump sum fixed by

agreement or arbitration. In the case of death the employer is liable

to the extent of three years’ wages, or 156 times the average weekly

earnings of the deceased workman during his period of employment, the

amount to be not less than £150 and not more than £300.

When the Workmen’s Compensation Bill was introduced it was strongly

opposed, as already stated, on the grounds that it would injure

trade and ruin many employers. So far, events have not justified

this suspicion, but have shown that these fears were more or less

groundless. In providing compensation for injured workmen, Britain was

only doing what other nations on the Continent, especially Germany, had

already accomplished. It was thought at the time that the operation

of the Workmen’s Compensation Act would very materially affect the

output and price of coal as well as the wages of the miners. There is

no clear evidence that it has increased the price of coal. The cost

of compensation paid in Northumberland and Durham does not exceed

one halfpenny per ton, while the cost under the Act for the United

Kingdom is under three farthings per ton. This is a small sum compared

with the threepence we were informed would be added to the price of

each ton of coal. One way in which the Act might indirectly increase

the price of coal would be by restraining timid capitalists from

investing money in coal mining through fear of being ruined by some

great accident or explosion; but this is a remote probability, and a

contingency that could be met by insurance. Nor can it be shown that

the Workmen’s Compensation Act has had any effect upon the miner’s

wages. Theoretically the wages of miners should fall _pro rata_

with the benefits received under the Act, but as the benefits will

not be more than 1½ per cent. of the wages, any readjustment would

be small. It cannot be said that in coal mining the Act has had any

noticeable effect one way or the other, so far as the number of

accidents is concerned. For several years prior to 1898, owing to newer

and more scientific methods, the number of accidents in coal mines had

been diminishing. It would appear from the reports of Mr Hedley, H.M.

Inspector of Mines for Northumberland, Cumberland, and North Durham,

that during 1899 there were 84 lives lost, and in 1900 the number was

105, or a ratio of 1 death for every 784 persons employed, against 1

for every 924 in 1899; in 1898 the ratio was 1 in 1053, and for the

five years 1893|97 the ratio was 1 in 895.[1]

Mr Ralph Young has abstracted from the annual reports of the

Northumberland and Durham Miners’ Permanent Relief Fund the following

facts, showing the number of fatal and non|fatal accidents, with the

percentages of non|fatal accidents, spread over ten years in the North

of England.

MINERS’ PERMANENT RELIEF FUND.

+------+-------------+------------------+--------------+--------------+

| | | | | Percentage of|

| Year.| Membership. | Fatal Accidents. | Non-Fatal | Non-Fatal |

| | | | Accidents. | Accidents. |

+------+-------------+------------------+--------------+--------------+

| 1890 | 107,997 | 158 | 16,000 | 14.9 |

| 1891 | 113,126 | 167 | 16,500 | |

| 1892 | 114,326 | 149 | 13,000(_a_)| 12.24 |

| 1893 | 115,361 | 177 | 16,400 | 14.21 |

| 1894 | 121,133 | 166 | 17,000 | |

| 1895 | 121,944 | 168 | 17,450 | 14.42 |

| 1896 | 122,257 | 163 | 19,200 | 15.7 |

| 1897 | 124,920 | 204 | 20,000 | 16.01 |

| 1898 | 127,564 | 159 | 19,511 | 15.28 |

| 1899 | 130,552 | 197 | 19,484 | 14.8 |

| 1900 | 137,073 | 198 | 18,470 | 13.4 |

+------+-------------+------------------+--------------+--------------+

(_a_) Durham Strike, 90,000 members idle for 13 weeks.

The Workmen’s Compensation Act came into force in 1898, but it cannot

be said, looking at the foregoing figures, that it has had any

material influence upon the number of accidents in coal mines, nor,

as was anticipated, has it so far displaced many of the older miners

by younger men. There is a remarkable constancy in the number of pit

accidents. I have tried to ascertain whether there is any decade in a

miner’s life during which accidents are more numerous than another,

but statistics do not support the supposition. There is a personal and

age element that must not be lost sight of, also one of fatigue. The

older miners have experience and caution; the younger, if rash and less

experienced, are more alert and can get out of danger quicker.

As bearing upon this part of our inquiry, the annual reports of the

Chief Inspector of Factories give the following information:--

+-------------------+---------------------------------------------------+

| |ACCIDENTS REPORTED TO CERTIFYING SURGEONS, AND ALSO|

| | TO INSPECTORS. |

+-------------------+-----------------------+---------------------------+

| INDUSTRY. | Fatal. | Non-Fatal. |

| +-----+-----+-----+-----+------+------+------+------+

| |1900.|1899.|1898.|1897.|1900. |1899. |1898. |1897. |

+-------------------+-----+-----+-----+-----+------+------+------+------+

| Textile Total, | 70 | 52 | 59 | 43 | 4,647| 4,332| 3,786| 3,565|

| Non-Textile Total,| 975 | 819 | 668 | 615 |22,012|17,568|14,714|11,762|

+-------------------+-----+-----+-----+-----+------+------+------+------+

| Grand Total, |1045 | 871 | 727 | 658 |26,659|21,900|18,500|15,327|

+-------------------+-----+-----+-----+-----+------+------+------+------+

In reference to these figures Dr Whitelegge states that there has been

an increase in the numbers of _reported_ accidents since 1897, the

year previous to the coming into effect of the Workmen’s Compensation

Act. Many considerations other than the Workmen’s Compensation Act

have to be taken into account, _e.g._, the better reporting

of accidents, activity of trade, and classification of industries.

From these figures of the Chief Inspector of Factories no definite

conclusion can be drawn as to the influence of the Act in preventing

accidents. As a contrast it should be mentioned that in some large

factories where an “Accident Compensation Fund” previously existed

under the Employer’s Liability Act, to which employers and employed

contributed in the ratio of 2 to 1, and out of which all accidents

were compensated, statistics show a remarkable falling off in the

number of reported accidents under the Workmen’s Compensation Act.

In some works these are now only one-third of what they were. This

reduction is probably explained not by any change in the methods of

production, nor by better safe-guarding of machinery, but by the fact

that while previously all accidents, however trivial, were reported and

compensated, accidents under the Act of 1897 must be of such severity

as to prevent the individual following his employment for two weeks

before he is entitled to compensation.

Although difficult to prove by actual statistics, there is a feeling

that the Act has on the whole been beneficial alike to employer and

workmen. It is this circumstance that has induced some Members of

Parliament to press for an extension of the Act so as to include

a larger number of industries, and particularly those regarded as

Dangerous Trades. One of the principal features of the Workmen’s

Compensation Act is that it fixes the liability upon the employer,

so that where an accident causes injury to health or the death

of a working man the individual himself or his relatives receive

compensation. If the circumstance solely of ill-health or of death

caused through work, and not violence or the manner in which either of

these has been induced, were made the principle that ought to underlie

the operations of the Act of 1897, there would be found many persons

who, taking effects alone into consideration, would recognise no

difference between ill health the result of an accident in a factory,

and ill health brought about by working at a particular trade known

to be dangerous. Ought dangerous trades, therefore, to be brought

within the scope of the Workmen’s Compensation Act? Many advocate their

inclusion. The law recognises that trade shall be made as healthy

as possible, and it takes steps to secure this, both by providing

regulations and penalising those who transgress these regulations.

Will it go further, and impose a burden upon the employer by making

him compensate a workman injured in health when it can be shown that,

even where all precautions have been taken, ill health has followed?

Occupation ought to be the opportunity whereby an individual, in return

for work done, should receive sufficient wages to enable him to live,

and not, as it occasionally is when he is employed in a dangerous

trade, the means whereby he becomes the subject of ill health at an

early age, and is thrown as a burden upon the ratepayers for the

remainder of his life. No high wages paid to men to undertake work in a

dangerous trade, even if it were always the case that such were paid,

can adequately compensate the affected workman for the loss of health

caused by following a dangerous occupation. Many dangerous trades are

far from being highly paid. The class of workpeople who are affected

by these industries are usually very poor, their occupation is often

interrupted, and they are not organised into Unions, so that they

neither contribute to the funds of, nor do they receive benefits from,

a Friendly Society. The Workmen’s Compensation Act makes accident the

sole circumstance that enables an individual to receive compensation.

As the Act stands at present it is clearly meant to distinguish

between accident and disease. It is a disputable point, for example,

how far a fatal disease like anthrax caught in a wool-combing factor

is not as much an accident beyond the control and expectation of the

individual workman as the fatal burns caused by the sudden ignition of

some spirit paint in a shipyard. A similar line of argument might be

made to apply to other trades. The man who gets his arm broken by a

piece of machinery in motion or by a barrel falling off a trolley in

a colour factory receives a weekly allowance from his employers; but

another man who becomes paralysed in both hands as a consequence of

having filled the barrels with white lead in the same factory does not

receive any part of his wages at all when off ill. It is said that the

Act only recognises the fact of external injuries, but it goes beyond

this, for a workman may die as a consequence of shock without any sign

of external injury and yet his relatives receive compensation. It is

the fact of personal and not external injury that underlies the Act. Is

phosphorus necrosis, which is a purely personal malady, an accident?

The Act answers--No.

There is considerable difficulty in defining what is meant by

industrial disease. It would be well if we could have some clearer

conception of what is implied both by “industrial disease” and

“dangerous trades,” for there is scarcely any trade or occupation that

is not attended by some risk or another. It is admitted that certain

occupations involve exceptional risks. Theory cannot determine what

these trades are, but experience and inquiry can. As an illustration,

I might mention that of 22 trades suggested as dangerous, and given by

the Home Secretary to the Dangerous Trades Committee to investigate,

careful inquiry showed they could not all be included in this category.

In the case of an accident there is usually the history of a violent

cause in operation, and there is the fact of an injury received.

Yet even with accidents there are certain contributing factors,

_e.g._, the length of the working day, the previous ill health

of the workman, and his state of debility anterior to the accident.

Old age, too, aggravates the harmful effects of an accident. It is

accessories such as these that have made legislation difficult and

tied the hands of Governments. The subject is one to which at home Mr

H. J. Tennant, M.P., Sir Charles Dilke, Bart., M.P., Sir John Stirling

Maxwell, Bart., M.P., Mr John Burns, M.P., and other members of the

House of Commons have given considerable study, and to which among

others on the Continent, Mr Arthur Verhægen, member of the Belgian

Superior Council of Labour, drew the attention of members at the

Congrès International des Accidents du Travail in Brussels in 1897.

Several writers have defined industrial disease. Dr Van der Borght

says: “Industrial diseases are those maladies which arise as the result

of the prolonged action of harmful influences in certain occupations,

and which consequently and exclusively occur in persons working in

these trades, or at least more frequently than in other persons in

general.” Dr Glibert, Medical Inspector of Labour, Belgium, says:

“Every disease recognised as particularly frequent in a profession

ought to be considered as an industrial disease to the extent that it

is clearly due to the risks in the trade.” By the term occupation or

industrial disease we mean, briefly, disease the direct effects of

a particular trade in which a person is engaged. In many instances

there are also included maladies that are the result of pathological

alterations of structure, _indirectly_ induced by the occupation.

Colic, for example, might be regarded as a _direct_ effect of

working in lead, and yet this is unaccompanied by structural alteration

in the wall of the intestine; on the other hand, kidney disease in

the file-cutter is very slowly developed, and although, as regards

its production, there are other causes in operation than lead, still

the kidney lesion is believed to be a remote or _indirect_

consequence of plumbism. As artisans are liable to the ordinary

ailments of humanity, it is necessary to carefully sift statements so

as to eliminate all causes other than those related to the particular

industry in question. To the production of occupation disease, several

factors contribute. Even in the causation of such an indisputable

malady as industrial lead poisoning, it is well to remember how

important is the part played by individual idiosyncrasy, while in the

badly ventilated state of one factory compared with another, the home

life and surroundings of the workpeople, poverty, heredity, age, and

sex are to be found conditions that favour its production, and are

therefore not to be ignored. Usually it is a gradual deterioration of

health that is produced. There is nothing of the nature of an acute

illness in industrial disease comparable with an accident. The only

occupation disease that approaches accident in the suddenness of its

development is anthrax, and even here the prospects of recovery are

influenced by the channel of invasion, the severity of the attack, the

vital resistance and idiosyncrasy of the affected individual. Take

another example: it is not always easy to draw a distinction between

potters’ phthisis due to the inhalation of dust when at work, and

a broncho-pneumonia which has become tuberculous, and yet potters’

consumption in the early stages may be as much the result of the trade

at which the person has worked as is the paralysis of the file-cutter.

In order to make an employer liable for an occupation disease there

would have to be a stated limit as to the length of time an individual

had worked in a particular factory, and as in some of the dangerous

trades the workpeople change frequently from factory to factory,

it would be difficult to prove under which employer the malady was

caught. Carelessness on the part of the employed, through ignorance or

intention, would also have to be disproved. In the case of workpeople

who spend practically the whole of their life in one factory, say a

white lead works, and who at the end of twenty or thirty years’ service

find themselves the victims of an incurable form of plumbism, humanity

and good feeling alike should indicate to the employer his obligation

to the affected workmen. Yet even here the question might be raised,

did the workman fully attend to all the regulations when in the factory

as regards personal cleanliness, and were his habits, when not working,

those of a temperate man? Mr Verhægen gives illustrations of the

difficulty of exactly defining occupation disease. A workman becomes

the driver of a public vehicle, and in the course of time, having

developed rheumatism, he is obliged to give up work. To the individual

thus crippled by rheumatism, is the employer financially liable? One

can scarcely think so, for the simple reason that while exposure to

inclement weather may be a cause of rheumatism, certain persons are by

heredity predisposed to it, and would develop the malady irrespective

of what their calling in life might be. Besides, are delicate men

and imprudent drivers to be placed on the same footing as robust and

careful men? Verhægen recognises the inexactitude, and states that

if we would but limit the term occupation disease to conditions of

ill health due to _poisoning_ caused by coming into contact with

certain chemical and other agents used in such industries as lucifer

match making, colour grinding, etc., the difficulty would be materially

lessened. It would still not always be easy to assign to one particular

factory, especially when it was known that the workman had moved from

place to place, the blame for having caused ill health. Even in cases

of “phossy jaw,” in which it is generally admitted that exposure to the

fumes of yellow phosphorus is its cause, there is yet some doubt as

to whether the necrosis of bone is entirely due to this circumstance,

or partly to it and the operation of micro-organisms. Take, too, the

diseases of Italian miners and of the colliers of Belgium, particularly

ankylostomiasis. Dr Kuborn of Seraing, in discussing this question,

maintains that the maladies special to mining have their origin very

largely in the kind of life the men lead, their inattention to the

rules of ordinary hygiene both in their home and person, excesses

of various kinds, imperfect feeding and clothing, etc., causes to

the influence of which want of education greatly contributes. In

some industries there are inherent dangers, and yet with care these

can be diminished if not removed. Ventilation of British coal pits,

for example, has practically abolished pulmonary consumption in our

miners. Experience shows that there is scarcely a dangerous trade from

which, with extreme care and attention to regulations, the dangerous

influences cannot be largely removed. There is no occupation so risky

to life as the manufacture of the high explosives. I have had the

opportunity of visiting the largest explosives works in the kingdom,

and can bear testimony to the healthiness of the employment and its

comparative safety owing to the careful training and discipline of the

workers, scrupulous cleanliness and attention to the minutest details.

Occupation disease, it must be remembered, is not _always_

easy of recognition. There is no difficulty in diagnosing a malady

to be plumbism when there are double wrist drop and a history of

exposure to the metal when at work; but where there is only complaint

of abdominal pain and vomiting, the diagnosis cannot be always so

clearly established, even in the presence of a well-marked blue

line on the gums. Several cases have been recorded in the medical

journals of acute abdominal pain occurring in painters, which had been

regarded as lead colic; but when the patients died, the post-mortem

examination showed that death was due to a small ulcer of the bowel

or to inflammation limited to a particular portion of the intestine

known as the appendix, which a surgical operation might have cured;

while, on the other hand, workers exposed to lead and with similar

symptoms have been operated upon by careful surgeons for appendicitis

when the malady was lead colic. If this is the difficulty experienced

by competent surgeons and careful medical observers, it shows us some

of the pitfalls parliamentarians might easily drop into by including

industrial diseases under the Workmen’s Compensation Act. Verhægen is

of opinion that the matter would be more easily settled by accumulating

a larger number of statistics of disease occurring in occupations;

but this inquiry would have to be extended over a lengthened period,

there would have to be some degree of uniformity in the conditions

under which the people worked, there would also have to be taken

into consideration the hygienic conditions of the factories, the

situation of these buildings, the number of hours worked per day, and

the influences that would follow a prolonged strike of the workpeople,

such as poverty. To be exact, too, the workpeople would have to be

medically examined before entering upon the particular industry, and

re-examined months afterwards so as to ascertain what effects, if any,

the trade had produced. Some of the difficulty would be got over by

limiting the definition of industrial disease to maladies that are

the direct consequence of occupation, and in which as a result there

is a well-ascertained lesion of the organism. Verhægen, as already

mentioned, illustrated his argument by alluding to the driver of a

public vehicle who in good health to commence with, and notwithstanding

his obedience to the laws of prudence yet becomes rheumatic, and

to another man who, under similar conditions as regards health and

carefulness, undertakes work in either a lucifer match or a white lead

factory, and suffers from phossy jaw or wrist drop. The malady is in

either of the latter instances regarded as a disease of occupation,

in the former it is not, the explanation of the difference being

that as regards the first illustration rheumatism is not confined

to the occupation of coach driving; also while it is admitted that

out-of-door occupations expose the individual to all kinds of weather

and predispose to rheumatism, the same out-of-door life led by other

people is in them an explanation of the good health they enjoy. In the

case of the match and white lead maker, had it not been for exposure to

the fume of phosphorus or the inhalation of lead dust the workman would

not have become the victim of phossy jaw or of wrist drop.

Although many workpeople in the factory incur the same risk, yet all

do not equally suffer. Some men are more susceptible than others. It

would be regarded as an interference with the liberty of the subject

if an attempt were made to prevent people going to work in a factory.

It is known, for example, that engravers are more liable to lose their

eyesight at an earlier age than men engaged in outdoor occupations.

Should a man with feeble sight be allowed to undertake this kind of

work? On commencing his industrial career, unless he voluntarily seeks

the advice of an oculist, who is to say to him nay? There cannot be,

although it is accomplished in certain dangerous trades without much

opposition, a medical examination of all persons undertaking work. The

dangers of particular occupations ought, however, to be pointed out

to all applicants for work, after which these should state that they

are prepared to accept certain risks. At present many workpeople incur

risks without knowledge of the danger or of the means of preventing

it. There are occupations that are not of themselves unhealthy, and

yet owing to the strain which they impose upon the body, the weak

spot of the organism, so to speak, is found out, and for this the

occupation itself cannot altogether be held responsible. Take what

is known as rupture or hernia, which occurs with greater frequency

in persons whose work obliges them to be long upon their feet, and

who are exposed to sudden strain, the lifting of heavy weights, etc.

What is said of it applies equally to varicose veins in the legs.

Both of these may be partly the result of the position assumed by

the individual when at work or the strain he is exposed to, and yet

it would scarcely be right to make the occupation responsible for an

affection the result of an inherent weakness of the abdominal wall

which allowed a portion of intestine to protrude, giving rise to

rupture, or for an ill-nourished condition of the walls of the veins

in the legs whereby the blood-vessels became distended and deformed.

To secure compensation, the workman would have to establish that the

hernia was solely the result of his work. Life is for all of us very

much a game of chance, and we have to run ordinary risks. For a disease

to be regarded as industrial, and capable, therefore, of being brought

within the scope of the Workmen’s Compensation Act, it would have to be

placed upon the same narrow limit as an accident. It would require to

be shown that it was the sole result of the occupation, and that there

had been produced a definite pathological lesion of the body. Adopting

this view, the maladies that could be included in the category would

be, among others, anthrax, poisoning by lead, mercury, phosphorus,

and bisulphide of carbon; but with the exception of anthrax, in which

the disease is often suddenly induced, and as rapidly runs to a

fatal termination, there is not as a rule the same exactitude in the

incidence of disease as is the case in accident. There might be little

difficulty in including anthrax under the Act of 1897. The inclusion

of some of the other dangerous trades would give rise to frequent

litigation, but it would make employers more careful in the selection

of their workpeople, and in the means adopted to prevent industrial

poisoning. This latter fact is one of the objects aimed at by those

who are in favour of an extension of the Workmen’s Compensation Act,

not omitting, where it can be clearly proved, the financial liability

of the employer to compensate the affected workman. In the case of a

fatal accident occurring in a factory, a post-mortem examination shows

perhaps the body to be healthy, and therefore the accident to have

been the sole cause of death, or there are certain signs of disease

present which may have caused or hastened the fatal termination. In the

latter instance the law takes no cognisance of the previous disease.

It takes for granted that but for the accident the individual would

have gone on following his occupation. In industrial poisoning, would

a similar legal opinion be entertained? In acute lead poisoning, when

the post-mortem examination and chemical analysis of the internal

organs conclusively prove that death was due to lead, it might be a

comparatively easy thing to fix the liability upon an employer; but

the presence of signs of previous disease in the body, which probably

contributed to the fatal termination of the illness, would make it

extremely difficult to assign to each of the two circumstances its

proper share in causing death.

It is facts such as these that doubtless led to the rejection by

Parliament in 1897 of the proposal to extend the scope of the Workmen’s

Compensation Bill so as to include industrial diseases, and place them

on the same footing as accidents occurring at work. There is, however,

a common sense view of the matter which should not be overlooked, and

it is this. Where a person suffers in health, or loses his or her life

through neglect of the employers to comply with the legal requirements

of the Factory Acts, surely the employer under these circumstances

ought to pay full compensation. In the case of accidents the question

of neglect does not arise under the Act of 1897. The injured person

is compensated, and that is the difference between the Employers’

Liability and the Workmen’s Compensation Act. The question that calls

for an answer then is rather this: Where an employer has followed out

to the full all the regulations required by the Home Office, and it

is shown that he has done all that common sense and humanity dictate,

and yet industrial poisoning has occurred, is the employer under these

circumstances to be considered liable? In France, where the match

industry is a State monopoly, the Government admitted its liability

by paying to the workmen who suffered from the effects of phosphorus

a stated indemnity. Bryant & May’s firm has always recognised its

liability by paying a weekly allowance to the workpeople off ill

through phosphorus necrosis. Other firms in other trades probably do

the same. It is for the public, therefore, to say whether humane

deeds like these, which are purely voluntary in this country, should

be made compulsory by an extension of the Workmen’s Compensation Act,

or be simply dealt with through the medium of mutual trade insurance

societies.[2]

Collectively, occupations may be likened to a huge organism. Industries

are the functions that indicate the life and prosperity of a nation,

and like the higher forms of life they have grown in process of

time from simple beginnings to highly complicated combinations,

the controlling and to some extent directing agent of which is

parliamentary legislation, keeping pace with the inventiveness of man

and human requirements. In many ways is the resemblance between the

industrial and human organism demonstrated. No man can use unrestricted

freedom with his own body. There is a physiological limit to which

he must bow. An over-worked brain or group of muscles sooner or

later tells its own tale, unbridled licence causes degeneration of

the nervous system, and excess in wine or at table is checked by the

diseases it produces. Perfection is what we ought to strive for, and

this can only be obtained by submission to nature’s laws. So, too, in

the industrial organism it is recognised that production should be

kept within limits, reckless bargaining should be curtailed, that each

man should put his very best into the work he is doing, and that there

should be more sympathetic communication between employer and employed.

Trades, like human beings, are influenced by their surroundings. They

do not thrive well away from coal fields and centres of human activity.

Competition or the struggle for existence is as keen in the world of

industry as in that of biology, and there occurs the same weeding out

in both. Thwarted by local conditions and hampered by scarcity of

labour, overburdened by excessive taxation or ground rents, industries

will languish in one place, while with fewer restrictions they will

flourish in another. New trades are constantly developing, and new

methods of manufacture keep replacing those that are old. Everything is

tending towards improvement. Many circumstances are operating to direct

the industrial evolution of to-day. Human wants and man’s inventiveness

play their part so that those manufacturers alone of their commercial

confrères are successful who, recognising the spirit of the age, make

an attempt to meet its demands.

Admitting that factory legislation has for the last century been

gradually bringing into line industrial undertakings of all kinds,

and that the Government has by enforcing regulations exercised a

disciplining influence upon masters and men, it is only recently

that it has taken up a strong and decided attitude in regard to the

effects of particular trades upon health. Public health as a science

is still in its infancy; it owes its origin mainly to the rush of

people into the large towns. Its theories and facts have been brought

by municipalities to bear upon the conditions of life in our homes

and persons. Modern factory legislation, so far as industrial hygiene

is concerned, is an extension of the ordinary laws of health to those

workers who in many instances cannot frame rules of guidance for

themselves. Law restricts as well as regulates individual freedom. The

Public Health Acts have interfered with the liberty of the subject by

insisting upon closing unhealthy dwellings, the removal of refuse, the

notification of infectious diseases, and the compulsory removal from

the home of members of a family who are suffering from some infectious

malady, and by doing so have secured a larger measure of health for the

community. Factory legislation similarly aims at improving the health

of the workers.

Every man tries to get as much out of life as possible. Ideally he

ought to contribute his best to it. A workman, while obtaining for

his labour the largest wages possible, ought to put into his labour

the best of his thought and energy so as to improve the character of

the work he is engaged in. While the immediate object of labour is to

obtain the wherewithal to live, the character of the work performed is

unconsciously shaping the destiny of labour and building up through

individuals the national reputation. The end of work is progress, and

just as human life is perfected through suffering and experience, so is

the industrial.

There are many ways by which the hygiene of trades may be promoted.

The notification of industrial diseases to the Chief Inspector of

Factories has, although it has only been in existence a very few

years, already placed the Home Office in possession of facts and

statistics which enable the Factory Department at once to realise

when a particular industry is becoming prejudicial to the health of

workers, and how it may be met. The good effects of notification are

observed in the trades in which lead, mercury, and phosphorus are

used. The power granted to the Home Secretary, which enables him to

schedule a trade as dangerous on sufficient information being given

to him, is, so long as it is judiciously applied, a step in the

right direction. It is desirable that accurate information should be

obtained from all sources, from employers as well as employed, and from

experts, chemical and medical. The formation of a consultative body or

of an industrial council composed of the Home Secretary and members

of the factory staff, employers, a few educated workmen, chemists,

medical men, and electricians, for the purpose of discussing with the

Home Secretary terms of Special Rules and prospective legislation

has been recommended, and might be helpful. On the Continent such

industrial councils exist, a description of which will be found in

Miss Anderson’s paper on “Regulations of Injurious or Dangerous

Occupations in Factories and Workshops in some of the Chief European

Countries.” In Britain there might be some difficulty in including upon

a permanent consultative body gentlemen capable of dealing with the

numerous technical questions that constantly arise, but the difficulty

would be no greater there than in France. Within the last few years

the Home Secretary has, whether for direct advice or to serve upon

committee, occasionally called in the assistance of recognised experts

or authorities upon particular points under consideration. This system

has worked well, and might with advantage be extended. Industrial

hygiene, too, so far at any rate as dangerous trades are concerned,

could be promoted by small International Committees meeting to improve

the sanitation of labour rather than to discuss economic problems of

production. By many it is believed that the cause of industrial hygiene

would be furthered by the establishment of a Ministry of Labour.

It seems an anomalous circumstance that a country like ours, whose

reputation has been built upon commerce, should be without a department

specially devoted to labour and labour problems. The Home Office has

the necessary machinery and possesses all the information, but its

jurisdiction covers too extensive a field. The Factory Department

ought to form a separate and distinct branch of the Home Office to be

directed by a Secretary or Under-Secretary of State. Year by year the

work of the Department and its scope increase, and surely among the

many Departments of the State there can be none of greater importance

than that which watches over the millions of persons engaged in

factories and workshops in the United Kingdom.

THOMAS OLIVER.

CHAPTER II

HISTORICAL SKETCH OF THE DEVELOPMENT OF LEGISLATION

FOR INJURIOUS AND DANGEROUS INDUSTRIES IN ENGLAND

“Now, since both the Ages of Antiquity and that we now live in

shew Laws ... calculated for the good Order and Reputation of

Tradesmen, ’tis but reasonable that Physick should contribute

its quota for the Benefit and Comfort of those of whom the

Law has been so tenderly careful, and display itself in a

particular manner (that has been hitherto neglected) for the

safety of Tradesmen, that they may follow their Trades without

injuring their Health.”--RAMAZZINI: _Treatise of the Diseases of

Tradesmen_. English Edition, 1705. Italian Edition, Modena, 1670.

“Year after year, as far forward as any present judgment would

willingly speculate, the same terrible waste of adult life must,

with no great mitigation, continue, unless the Legislature

see fit to provide by special enactment for more wholesome

conditions of labour.... The canker of industrial diseases

gnaws at the very root of our national strength. The sufferers

are not few or insignificant. They are the bread-winners for

at least a third part of our population.... That they have

causes of disease indolently left to blight them amid their toil

... is surely an intolerable wrong. And to be able to redress

that wrong is perhaps among the greatest opportunities for

good which human institutions can afford.”--_Report of the

Medical Officer (Dr, afterwards Sir John Simon) to the Privy

Council_, 1861.

From the benevolent and learned Italian physician of the seventeenth

century, in touch with every available source of information of his own

and preceding ages, searching for mitigation of the diseases of workmen

which he believes to be “incurable,” to the English State physician

of the nineteenth century seeking to persuade men that the diseases

must not be allowed even to arise, is indeed a long way. The way is

long in all that concerns knowledge of the causes and treatment of

disease, no less than in circumstances and organisation of industry.

It is doubtful, however, whether the transformation of ideas in either

is so great as in the general attitude of civilised society towards

protection of labour and promotion of industrial health. The change

cannot be accounted for, completely, either by change in the methods

and organisation of industry, or by increased knowledge, medical,

economic, or social. Nor can the increased breadth of conception be

attributed solely to that increased intensity and quantity of human

suffering which inevitably accompanied concentration and growth of

industry. In all ages there have been physical, moral, and economic

evils which fell to the lot of the labourer, probably differing from

time to time on the whole more in degree than in kind, and doubtless

felt at each stage by the sufferers, and sometimes by onlookers, with

an intensity which relatively was great, and which with adequate

discernment of a remedy and the duty or expedience of applying it,

would have led to legislative action.

In the great civilisations of antiquity, whether in the East, West, or

in Europe generally, there was sufficient concentration of the forces

of labour to produce the intensest forms of the maladies classed by

Pliny as the “diseases of slaves.” Some of the most injurious processes

known to us now are extremely ancient. To mention but a few: lead and

quicksilver mining, the potters’ craft, and the textile processes of

preparing and weaving asbestos and flax.

The long history, in another department of social ills, of legislation

and organised guild efforts for protection of buyers from dishonest

manufacture and dishonest trading in adulterated products, or again,

of efforts to regulate supply of labour and to enforce honest service

from workers, affords many illustrations of the action that could be

taken in Middle Age and Renaissance Europe, where an evil was both

recognised and also believed to be remediable. It is to be noted how

few the indications are that the strivings after social improvement of

handicraftsmen and labourers were in those times inspired by any clear

vision of the physical safety and health of individuals as part of the

well-being to be sought. Illustrations might indeed be gathered from

records of craft guilds and municipal organisations, of provisions and

regulations that tended to results similar to those expressly aimed at

by modern sanitary regulations. This is especially true of England,

where the masses of manual workers came earlier than in other countries

of Modern Europe to comparative physical comfort. We must, however,

avoid the mistake of reading into past events, however interesting,

ideas that are consciously at work in practical affairs only in our own

times.

Of much later date are the first documents that I have been able to

trace expressly dealing with the nature and results of industrial

occupation in dangerous or injurious processes. These are in the

_Transactions of the Royal Society of England_, and are of the

theoretic and reflective character that is appropriate to their

setting. Belonging to the same century as Ramazzini’s most human

treatise (1670 and onwards), touching both manufacture and mining in

Europe (_e.g._, manufacture of white lead, silvering of mirrors by

mercury, lead mining, coal mining), they would take an important place

in a general history of European thought and action on this question.

The vivid descriptions by the Italian as well as by the English writers

of the effects on the worker of lead,[3] of mercury,[4] of silk

dust,[5] of explosions in mines,[6] give one a sense now of the kinship

of past labour with present, and a clearer perception of the magnitude

and the worth of the object that this generation has set itself--to

remove such causes of suffering from the path of the labourer.

In those papers, however, we are still far from any practical

preventive treatment of industrial diseases. My task in this paper is

to trace out in England, that is in the foremost industrial community

of recent times, the history of tentative, halting efforts, almost

wholly within living memory, to engraft on the earlier legislative

movements of the nineteenth century towards hygienic and moral reforms

in industry, that special, applied regulation of injurious manufactures

for which Sir Edwin Chadwick[7] and Sir John Simon were the earliest

and most distinguished advocates. In this history itself, I think, is

found the nearest attainable explanation of the wide difference between

the general attitude of our day towards care of the health of the adult

labourer at his trade, and that of any previous age, when the diseases

accompanying industry were the subject of scientific observation. In it

is to be seen the gathering momentum which could so completely sweep

away age-long modes of regarding the worker at his bench as merely

a means to the ends of others than himself and his family, that the

legislature and administration could at length treat the promotion

of the physical security of each individual labourer as a worthy end

for the State no less than the labourer. Lord Londonderry, when he

railed in Parliament in 1848 against the “hypocritical humanity” which

sought by protective legislation to save the lives and limbs of the

miners of Great Britain, represented but a singularly extreme though

not isolated survival of the older assumption of legislators that the

health of the masses of people, as of individual labourers, might be

left to take care of itself, if indeed it was worth thinking about

at all. Even the learned and humane contributors in the seventeenth

century to the _Transactions of the Royal Society_ on dangers of

mining and means of overcoming them, can tell without a thought of

irony how a ventilating tube was first placed in a dangerous mine after

an accident from fire-damp, resulting in the loss not only of men but

of a “gentleman of quality.” There is indeed a long series of laws,

extending back to before the time of Elizabeth, for the protection of

the poorer wage-earner in making his contract so that he should not be

cheated by extortionate charges or unfair payments in goods. The real

contrast in the normal attitude of the centuries before our own towards

the _persons_ of workers is nevertheless well seen in Macaulay’s

wondering notice of the fact that in the latter end of the seventeenth

century it was possible for an eminent philanthropist to exult in the

thought that in Norwich, the centre of the clothing trade, where “a

little creature of six years old was thought fit for labour,” boys and

girls of “very tender age created wealth exceeding what was necessary

for their own subsistence by £12,000 a year.” Greater degradation than

any shadowed there had to be achieved, in England at least, before

the first legislative foundations could be laid, on which afterwards

was to be engrafted the special trade legislation with which we are

here concerned. Out of the desecration of child*-life and womanhood,

underground and in factories and workshops, recorded in the Blue

Books of the earlier part of last century, came the needed force for

the beginnings of a State control in England of special conditions

of health and security, which in some other European countries had

been for long, at least in mines, partially maintained through the

operation of a more or less definite theory of State or Imperial

ownership.[8]

Although I refer necessarily to the general sanitary and social

protective measures, the development of which belongs to the great

humanitarian movements of the first half of the Victorian age, I must

at this point make it clear that I exclude here their history, so far

as concerns purely the control of economic and moral abuses, which were

not inherent in manufacturing and mining industry itself. We are not

directly concerned with physical sufferings which, owing to the apathy

of the community, in fact accompanied the earlier developments of the

factory system, nor with the barbarities which culpable ignorance too

long allowed to survive, from rougher and harder times, underground

in mines. Our concern is with those material risks in any industry

which, when reasonably good methods of working have been developed by

the necessary help of law, remain as ordinary accompaniments of the

occupation itself, either because of the nature of the substance used,

or because of the appliances necessary to the processes carried on.

Some special regard for classes of persons employed is also necessary

in so far as they are specially affected by risks on account of tender

years or physical constitution, but not because Parliament was first

and foremost compelled by unnatural conditions to safeguard young

workers and women, nor because the force of law remains, and, humanly

speaking, will continually remain necessary in competitive manufacture

to maintain for them good normal conditions.

We must remember that applied scientific protection of all workers

against industrial injury was from the outset introduced step by

step into two distinct sets of Acts of Parliament, the Mines Acts

and the Factory Acts, both with primarily social aims, each acting

and re-acting on the other throughout, both in Parliament and in

the Department administering them. This compels study of the stages

of development in those Acts, as distinct from the movements which

produced them, in order to arrive at any comprehension of the nature of

the now resulting form of control of injurious trades.

In a complete history of this subject a long section would be devoted

to the development of the later-initiated law relating to Public

Health, to the origins of the two great Sanitary Commissions of 1843–5

and 1869–71 and their reports, and adequate recognition would be

possible of one main cause of gradually quickened public and official

understanding of the need of special precautions for health in

injurious industries. This cause was the introduction into the service

of the State, first as special commissioners, later as permanent

officials, of scientific investigators and medical officers, whose work

brought to light not merely new facts bearing upon industrial disease,

but also new and broad ideas as to their origin and effects, and whose

reports secured in some instances attention far beyond the boundaries

of England. It is difficult for a modern Factory Inspector to realise

all that is implied in the brief allusions of a former Chief Inspector,

Mr Redgrave, in one of his annual reports, as late as 1868, to the fact

that cleanliness, ventilation, and prevention of disease generally, in

factories, were then regulated only so far as they were provided for at

all in the “Sanitary Act,” and applied by local medical officers--where

there were any--without effective central control or organisation.

What it meant in loss of life and injury to the bread-winners of the

masses of the nation was only too clearly set forth in the accumulated

evidence in Dr Simon’s and Dr Greenhow’s reports to the Board of Health

and to the Privy Council on the sanitary state of the people of England

from 1858 onwards. The words I quote at the head of my paper indicate

Sir John Simon’s idea of the magnitude of the evil at that time. In

many passages he showed his view of the worthlessness of such general

powers as then could be applied to the more general classes of evil.[9]

In prolonged special investigations, guided by the danger signals of

mortality statistics, he traced out the preventible injuries going

on steadily in half-regulated or wholly unregulated dangerous trades.

“Certain industrial establishments,” he said, writing in 1862, “are

subject to Government inspection, and some to a very limited extent

are regulated by Act of Parliament.... Is there any sufficient reason

why these precedents should not be followed in other industrial

establishments.... There is abundant causation of premature death

in mines which are neither coal mines nor ironstone mines,[10] and

potters, grinders, carders, hacklers, not to mention hosts of other

artisans, may, any of them, show the same claim as miners--the claim

of grievous physical suffering--to have the special circumstances

of their industry subjected to Government supervision.”[11] These

observations were not based on vague description or casual inquiry into

the circumstances of industry, but on systematic notes of conditions

of employment in selected localities where mortality due to given

diseases--for example, tubercular phthisis or irritative disease of

the lung--was three, four, or even six times as high as in other parts

of England. The evidence for this need of supervision by centrally

directed specialists, working under a specialised legislation, had

been already repeatedly touched on in Reports of Royal Commissioners

primarily appointed to inquire into employment of children and women.

Far more had to be later said and written before the first steps could

be taken in some of these manufactures to remove causes of injury

which, later, the Commissioners of 1878 referred to as a “public

scandal,” and for which no basis of control existed until 1891.

What, then, are the first beginnings of special legislation; and how

did the succeeding steps follow each other in the Factory and the

Mines Acts respectively? First, it must be pointed out that whereas

the particular kind of legislative weapon (the provision for “Special

Rules”), which was destined to be forged for use against dangerous

trades, was first planned in connection with regulation of mines,

it reached its most elaborate form in connection with regulation of

manufacturing industries, that is, in the earlier and more fully

regulated industries, under the Factory Acts.

It is now almost incredible that one of the most dangerous of all

groups of industry--mining--should have been free in England from any

form of protective legislation until 1842,[12] when women and girls

were excluded from underground working, and that it was not until 1855

that any comparatively useful safeguards of health, life, and limb were

prescribed by law. It is still more difficult to realise that before

1814 it was not customary to hold inquests on deaths of miners killed

by accidents in mines. With the exception of regulations against truck,

there was no provision except such as protected the colliery owner--and

of that kind there were many--against injury to his property by miners.

Meanwhile the landmarks from the present standpoint in factory

regulation had been the Acts of 1802 and 1833. The first, aiming

only at the preservation in cotton mills of the “health and morals”

of apprentices, further laid down that “visitors,” to be appointed

by justices in every county for repression of contraventions, were

empowered to “direct the adoption of such sanitary regulations as

they might on advice think proper.” The Act of 1833,[13] regulating

first the labour of children and young persons in textile factories

generally, replaced those “visitors” of the Act of 1802 (who had seldom

been appointed, and still more seldom had acted) by “inspectors” with

similar powers of entry, and of calling to their aid expert advisers,

but with additional powers: to administer oaths and to make such

“rules, regulations, and orders” as were necessary for the execution

of the Act, and to convict offenders and impose penalties under the

Act, as if they were Justices of the Peace. In 1844 an Act applying

similarly only to textile factories repealed these remarkable powers

of Factory Inspectors to make rules, orders, and regulations, and

to act as Justices of the Peace; at the same time it organised the

Inspectorate, with institution of an office in London, on lines

comparable to those of our own time. Certifying surgeons were then

first provided primarily for the purpose of examining young workers

under sixteen years of age as to their fitness for employment, and

granting certificates of age and ordinary strength; but further also,

for re-examination of such workers at the instance of an inspector

where there was reason to believe that injury would be caused by

continued employment. The Acts were now extended to women, and for

the first time special provisions for health and safety (as distinct

from general provisions for cleanliness of the factory) began to make

their appearance. Workers in wet spinning became entitled to sufficient

means against being wetted and against unnecessary escape of steam into

the room if young persons or children were employed there; but far

more important were the new attempts to reduce accidents by providing

for the safer use of machinery, inquiry into causes of accidents, and

penal compensation to workers for accidents due to machinery remaining

unfenced after notice from the inspector that it was “deemed to be

dangerous.” These provisions embodied a few of the recommendations

made in Special Reports of the Inspectors of Factories, presented to

Parliament in 1841, and the recommendations of the Select Committee of

the House of Commons presented in the same year; with them, however,

was also introduced the principle of Arbitration on the objections

raised by an occupier. The inspector might give notice of dangerous

machinery to be fenced, but for fourteen days the right remained with

the occupier to require the appointment of arbitrators “skilled in the

construction of the kind of machinery” to which the notice referred.

Each party, the occupier and the inspector, was then to nominate his

arbitrator, and the two arbitrators were to proceed to examine the

machinery “alleged to be dangerous” within fourteen days. If they could

not agree, they were together to appoint as umpire a third arbitrator

“possessing a similar knowledge of machinery.” When the ultimate

decision supported the occupier’s objection, the inspector’s notice as

to danger was annulled, and even if an accident thereafter occurred,

penal compensation could not be obtained for an injured worker. Not

until the Act of 1891 did this principle, later so greatly extended in

application to matters of health as well as safety, cease to control

the fencing of dangerous machinery (other than mill-gearing) in

factories, and it still remains for all dangers in mines not expressly

covered by any other provision. As regards this first introduction

into the Factory Acts of penal compensation for preventible injuries,

it appears to have been the outcome of a discussion by witnesses

before the Royal Commission on Labour of Young Persons in Mines and

Manufactures in 1841. This was the “trade charge or insurance payable

by the branch of industry liable to the accidents,” which has been at

length secured to the worker only at the end of the nineteenth century

by the Compensation Acts.

In the year in which these considerable steps had been taken in

factory legislation (1844), the Mines Inspector under Lord Ashley’s

Act published his first report. Even two years later women were still

to be found in considerable numbers underground. Progress nevertheless

was being yearly made--through the reports on safety and ventilation of

special scientific commissioners (including Lyell, Faraday, Playfair),

by the action of associations of miners, by spread of knowledge of

the dangers of mining, and not least, by the recurrence of appalling

accidents which ever increasingly shocked the public conscience--came

the first tentative measure for general safety in coal mines--the Act

of 1855[14] In 1854 the Select Committee on Accidents had reported,

adopting among other recommendations a suggestion of the Inspectors for

legislative extension of the practice of several colliery owners, of

framing special safety rules for working in mines. The Act, in addition

to specifying seven general rules binding on owners and agents of

collieries for safety, relating to: (1) adequate ventilation to dilute

and render harmless noxious gases; (2) fencing of disused shafts; (3)

fencing of pumping pits when not at work; (4) secure lining of shafts;

(5) proper means of signalling; (6) indicator and break for machine

raising or lowering persons; (7) proper gauges and valve for steam

boiler, provided for the framing and enforcement of special rules,

to be submitted by owners for approval of the Secretary of State, at

every colliery. These special rules, when established, were to have

the force of law both for owners and miners, but were enforceable only

by penalty in the case of owners, by penalty or imprisonment with or

without hard labour (maximum three months) in the case of miners. This

latter distinction occasioned considerable bitterness at the time, but

the provision which was most generally criticised was the elaborate one

for arbitration in case of objection on the part of the owner to any

alteration or addition to special rules made by the Secretary of State.

Within twenty-seven days the owner had power to nominate three or more

“practical mining engineers or other competent persons of experience

in the district,” not “interested in or employed in the management of

... the colliery,” and the Secretary of State might appoint “one or

more” such persons “to determine the matter in difference.” In case

of the owner not exercising this power within the time specified,

arbitration could be organised on lines very similar to those provided

by the Factory Act of 1844, with the difference that in the case of

special rules in mines one of the parties to the arbitration was the

Secretary of State instead of the inspector. In the framing of special

rules following on this Act, it was common for groups of collieries

working under similar conditions to adopt one set of special rules,

but sometimes individual owners drew up their own special rules, and

occasionally attempted to introduce remarkably irrelevant matter, such

as attendance at “Divine Service at least once on the Lord’s Day,” for

the regulation of the conduct of miners.

Five years later the law relating to mines was extended, and in some

ways strengthened, several disastrous accidents and explosions,

entailing loss in the aggregate of thousands of lives, having in the

meanwhile occurred. At several of the inquests strong evidence was

given of incompetent management and neglect of rules in addition to

disregard of inspectors’ suggestions for improvement of ventilation

in the interests of safety; in one case the coroner’s jury returned

a verdict of manslaughter against the manager, the overman, and the

fireman of the colliery, though this was subsequently followed by

acquittal at the assizes. The Act of 1860 touched on several new

points, besides extending the law to include ironstone mines; wages and

education sections were first introduced, but a demand for certificated

managers of coal mines was not met until 1872. The chief advances in

the direction of increased safety were, by extension of the general

rules to include provision for places of refuge on engine planes,

use of covers overhead in lowering or raising persons in every pit,

fencing of fly-wheels of every engine, maintenance of boreholes to

prevent inundations, by empowering an inspector to propose additional

safeguards for dangers not covered by any rules (but in case of

objection by the owner, the matter was to go to arbitration); by

raising the age of those entrusted with charge of steam engines to

eighteen years.

In the meantime the course of factory legislation continued to

illustrate the strength of the original motive--rescue of young

workers and women in textile factories from monstrously long hours

and overwork--rather than intelligent and steady assimilation by the

community of the evidence of need of special control of drainage,

ventilation, use of deleterious substances, and other matters affecting

health in a large number of non-textile industries. Such evidence was

first strikingly presented by the Report of the Commission on Mines

and Manufactures, published in 1843, but later in greater detail as

regards the injurious industries of lucifer match and pottery making in

the Report of the Children’s Employment Commission of 1862. A long and

fierce battle had to be waged over the form and degree of limitation of

hours in textile works before the gradual extension of the principle

of regulation could begin and proceed from trade to trade. It was in

the Act of 1864, which added the largest number of these, including

earthenware and lucifer match works, that the fruit of the labours of

expert commissioners began to appear in explicitly sanitary measures,

applicable to all classes of factories under the Acts.[15] In this

Act we first find the idea of ventilation applied in order to render

harmless “gases, dust, or other impurities generated in the course of

manufacture that may be injurious to health.” And here we find the

first fleeting attempt to introduce the “special rules” system from the

Mines Acts, on the employers’ initiative, but without the arbitration

clauses. Manufacturers were empowered to draw up special rules binding

on workers, after approval by the Secretary of State, “for compelling

the observance ... of the conditions necessary to ensure the required

degree of cleanliness and ventilation, and to annex to any breach

of such rules a penalty not exceeding one pound.” These powers were

extended to many other trades, including indiarubber works, letterpress

printing works, blast furnaces, and iron mills, by the Act of 1867,

and were soon unfavourably reported on by inspectors, as throwing too

heavy a burden on the workers, “the onus of being a principal under the

Act,” to use Mr Baker’s words. In 1868 he reported that special rules

were in force in most of the iron works in his district, which gave

the employer “power over his workpeople who sub-employ in his works,”

by holding them responsible for various sections of the Acts relating

to employment of young persons; a purpose which we can now readily see

to have been foreign to the general intention of such legislation.

By the Act of 1871 penalties for breach of these rules were made

recoverable by summary proceedings, but the provisions for framing such

rules disappeared when the law was consolidated by the Act of 1878.

The Workshop Regulation Act of 1867, amended in 1870, practically

completed the application of the general law to all workplaces in which

manual labour was exercised for gain, in the making or finishing of

articles or parts of articles for sale. The “Sanitary Act” of 1866

had provided for cleanliness, ventilation to remove injurious gases

and dust, and for freedom from overcrowding in any workplace not

under the operation of any of these Acts. The Factory Acts of 1864

and 1867 prohibited the taking of meals in certain workrooms where

dangerous processes are carried on, _e.g._, lucifer match making,

earthenware dipping, china scouring, glass-making (mixing, grinding,

cutting, polishing), and the application of power to the extraction of

injurious dusts was furthered by introduction of provision for a “fan

or other mechanical means,” approved from time to time by the Secretary

of State, in case of grinding, glazing, polishing on a wheel, or “any

other process in which dust is generated or inhaled by the workmen to

an injurious extent.” The Act of 1878, in consolidating all previous

Factory and Workshop Acts, re-cast some special safety provisions

(for example, those relating to prohibition of certain workrooms for

meals), in such a form as to empower the Secretary of State to extend

the prohibition to other industries, a power which was exercised in

a considerable number of industries. Employment of young workers was

also prohibited in certain dangerous processes, and power was taken

to extend such prohibition. Nothing was done, however, at the time of

this great measure--which was primarily for better administration of

existing provisions, and was accompanied, on the recommendation of

the Commissioners of 1875, by a thorough reorganisation and extension

of the inspectorate--towards securing more detailed regulation of

methods and conditions of working in dangerous trades, in spite of a

recommendation to that effect by Mr Redgrave. The first decisive step

in that direction was taken in 1883 in the case of one of the most

deadly of lead industries, the manufacture of white lead, whose effects

had been recorded for centuries, and in France had been the object of

special inquiry followed by regulation early in the century under the

direction of the _Conseil de Salubrité_. It is rather remarkable

to read in a report of the Chief Inspector, 1882, that although

“employment in dangerous occupations has on several occasions been

brought under the notice of the legislature, until recently special

attention has not been drawn to the manufacture of white lead.”[16]

Now, however, the evils pressed for remedy, and the “Mines Acts as to

general precautions and special rules” were adopted as a “precedent” to

be applied to white lead works.[17]

Before touching further on this new departure and tracing out its

sequel, a brief reference must be made to the course of Mines

legislation since 1860. While political conditions had been

unfavourable to additional legislation for some time after the Act of

that year, the conditions in the coal industry had been developing

steadily, both as regards extent and methods of getting mineral on

the one hand, and as regards association amongst miners on the other,

in such a way as to make a complete law possible when it inevitably

came. Scientific knowledge as to mechanical means of ventilation and

other provisions for safety became at the same time incomparably

wider spread. Greatly increased public discussion brought out far

more clearly the objects and desires both of masters and men, and

the determination of the latter to obtain certificated and competent

management, extension of the system of “general” safety rules,

improvement of the method of forming “special rules,” and increased

inspection, had its effect in the consolidating and amending Act of

1872. The number of general rules was more than doubled, matters

formerly left to the chances of special rules were permanently

transferred to the general law, which now included compulsory use of

safety lamps where needed, regulation of use of explosives in blasting,

securing of roofs and sides, daily examination of the state of the

mine, facilities for inspection by representatives of the miners.

Special rules became more clearly defined as intended for the guidance,

safety, and proper discipline of the miners at work, and they might

only be transmitted for the Secretary of State’s approval after they

had been posted in the mine for two weeks with a notice that objections

to them might be sent by any person employed to the inspector of the

district. Wilful neglect or contravention of any provision of a kind

likely to endanger safety became punishable, in the case of employers

as well as miners, by imprisonment with hard labour. The machinery

of arbitration on any questions of safety under the Acts was made

considerably clearer. In all these matters[18] the great advance was

by way of development of previous ideas. The entirely new departure

lay in the six sections relating to daily control, and supervision of

every mine by a manager holding a certificate of competency from the

Secretary of State, after examination by a board of examiners appointed

by the latter, power being retained to the Secretary of State to cause

inquiry, if necessary, later into the competency of the holder of

the certificate, cancellation or suspension of the certificate being

possible in case of proved unfitness. There is little room for surprise

that so great an advance in the law should have given widespread

satisfaction to the miners, and that for a considerable time efforts

of their associations were directed to securing vigorous enforcement

rather than extension of the law. In the same year the question of

health and safety in Metalliferous Mines[19] received its first

treatment in a separate code (which remains in force to the present

time), of similar scope to the Coal Mines Act. A Royal Commission had

been appointed in 1862, and had reported in 1864. The great excess of

mortality and sickness among metalliferous miners, “mainly attributable

to the imperfect ventilation of the mines” and inhalation of gritty

particles, to excessive physical exertion in climbing up and down

ladders of great length, to the great changes of temperature, and

exposure to wet, were brought out in the report and made the subject

of recommendations. It was also shown that accidents were of frequent

occurrence from falls from ladders, falls of the rock or stuff,

carelessness in blasting, defective gear, and sudden irruptions of

foul air and water. The method of regulation adopted for Metalliferous

Mines, by general rules for safety, special rules for conduct and

guidance of miners, and the requirements as to notice of accidents,

coroners’ inquiries, fencing of abandoned mines, being similar to those

for Coal Mines, details are unnecessary for the purpose of the present

essay. In 1881 the Coal Mines Acts were strengthened in regard to the

use of explosives underground, in 1886 the Secretary of State was

empowered to direct a formal investigation of any explosion or accident

and of its causes and circumstances to be held (a provision embodied by

reference in the Factory Acts in 1895). In 1887 the Coal and Ironstone

Mines Acts were again consolidated with amendments strengthening the

already existing provisions. By General Rule 4 more stringent provision

for inspection of working parts of mines before commencing and during

shifts, and the distinction between mines in which inflammable gas

had been found within the preceding twelve months and those in which

it had not, disappeared. By Rules 8, 9, 10, 11, construction and use

of safety lamps became much more detailed and stringent than in the

former Rule 7, which they replaced. By Rule 24 the age of competent

male persons in charge of machinery for raising and lowering persons at

the mine was raised to twenty-two. By Rule 34 provision of ambulances

or stretchers with splints and bandages ready for immediate use at the

mine became compulsory. Other main provisions of the Act strengthened

were those relating to distance and height of communications between

the two shafts required in mines; daily personal supervision of the

mine by the certificated manager; notice of opening or abandoning

seams. Arbitration on special rules and other matters was modified so

that while the qualification of being a practical mining engineer was

retained for the two representative arbitrators, the umpire, if any, is

bound to be a county court judge, a police or stipendiary magistrate, a

recorder of a borough, or a registrar of a county court.

Turning again to the Factory and Workshop Act of 1883, which forms

the first distinct attempt to regulate a dangerous manufacturing

industry, we find, in its unamended form, a remarkable parallel to

the method of mines regulation, not merely in the requirement that

every occupier of a white lead factory shall frame and submit for

approval to the Secretary of State special rules[20] which have been

affixed in the factory with a notice to the workers of their power to

send objections to the Chief Inspector; but also in the prescribing

of six general conditions for obtaining a certificate to carry on the

dangerous industry. These include provision for ventilation of stoves

and stacks, means of maintaining personal cleanliness, and proper room

for meals. The special rules, however, were not in the original statute

liable to any process of arbitration, merely to full consideration

by the Secretary of State, who had power to make modifications after

hearing the occupiers’ objections, if any, to his modifications.

This procedure was considerably modified when by the Act of 1891

provision was made for establishment of special rules in any industry

(not being a domestic industry) certified by the Secretary of State

to be dangerous or injurious to health, or dangerous to life or limb.

Then the initiative in drafting the “special rules or requiring the

adoption of such special measures as appear to the Chief Inspector to

be reasonably practicable, and to meet the necessities of the case”

was transferred from the occupier to the Factory Department, but a

counterbalancing force was provided by addition of the arbitration

clauses wherever the occupier persisted in objections to the proposed

special rules, and the Secretary of State could not see the way to

accepting modifications asked for by the occupier. At the same time the

share of the worker in framing the rules, by his legal right to make

objections before they were established, entirely disappeared. It was

not until the Act of 1895 that this loss was imperfectly compensated,

by a right to representation on the arbitration on conditions

prescribed by the arbitrators which was then secured to workmen

interested, or any class of them. In 1896, in the Mines Acts that

privilege was superadded to the other. The general tenor of the Factory

Act of 1891, following as it did on the important work of the House of

Lords’ Committee on the Sweating System, and the Berlin International

Conference, was one of development of sanitary organisation,

particularly with regard to workshops, and of closer regulation of

dangerous and injurious trades. It had been preceded in 1889 by an Act

with special reference (like the Act of 1883) to a single class of

factories, in this case the cotton cloth factories, in which excessive

heat and humidity produced by artificial means seriously affected

the health and comfort of operatives. The Act not only limited the

temperature of workrooms and amount of moisture in the atmosphere, but

also provided for tests and records of the same, and fixed a standard

minimum volume of fresh air, 600 cubic feet, to be admitted in every

hour for every person employed. Power was retained for the Secretary

of State to modify by order the maximum limit of humidity of the

atmosphere at any given temperature, and a short Act of two sections in

1897 extended this power to other measures for the protection of health

recommended by a Departmental Committee appointed to inquire into the

working of the Act of 1889. Without doubt, the most important measures

adopted under this Act in 1898 were those tending to purify the air of

workrooms by prescribing a CO standard of ventilation (“during working

hours in no part of the Cotton Cloth Factory shall the proportion of

carbonic acid in the air be greater than nine volumes of carbonic acid

to every ten thousand volumes of air”), and by prohibiting use of

impure water for production of artificial humidity. One other point of

historical interest in connection with the Act of 1889 must be touched

on. It contained a general provision enabling an inspector, where he

considered that dust was inhaled by the workers to an injurious extent,

to serve a notice on the occupier of the factory to adopt mechanical

or other means for its removal, but subjecting the notice in case

of objection by the occupier to the same process of arbitration as

the notice of fencing for dangerous machinery provided in the Act of

1844. In both cases the power of the employer to send the notice to

arbitration was repealed by the Act of 1891, and, consequently, the

ordinary procedure for the inspector to enforce such notices was by

establishment of the evidence in support of his requirement in the

ordinary courts. For the first time some provision was made in 1891 for

means of escape in case of fire in factories and workshops. Certifying

surgeons were now called upon to report annually as to the persons

inspected and the results of inspection.

On the Act of 1891 followed a period of greatly increased

administrative activity with the new powers to initiate detailed

regulation for promotion of special hygiene in factory and workshop

life. No fewer than sixteen trades, including the majority of those

referred to in the reports of Royal Commissioners and special medical

experts of the earlier and middle parts of the century, were certified,

under sections, by the Secretary of State, as dangerous or injurious

within four years of the passing of the Act.[21] The Act of 1895,

extending greatly in several directions the sanitary control of

industrial life, followed on this period of increased activity, after

the Royal Commission on Labour had reported on the results of its wide

survey of industrial conditions, after two important Departmental

Committees had reported on lead and phosphorus industries, and after

two successive annual reports had embodied reports and recommendations

from the women inspectors who in 1893 were first added by the Home

Office to the staff of factory inspectors. In the year in which this

Act came into force, medical knowledge was established as a guiding

factor in the permanent administration of the Department. Probably no

more important step towards control of use of poisonous substances

in manufacture has been taken than that contained in the provision

for reports to the Chief Inspector from every medical practitioner

attending in certain cases of poisoning contracted in any factory or

workshop. Complementary to this is an extension of the province of

certifying surgeons; it included now not only examination of workers

under sixteen, but also the duty of inquiry and report in certain

cases of industrial disease and accident, and, under special rules,

where required, periodical re-examination of workers. In the general

provisions of the Act appear for the first time the questions of

reasonable temperature, requirement of lavatories where poisonous

substances are used, formerly only touched by special rules; it

became possible by order of a court of summary jurisdiction to secure

prohibition of use of dangerous structures or a dangerous machine

until the necessary steps had been taken to remove the danger by the

occupier of the factory or workshop. The field of factory regulation

was extended by the inclusion of certain conditions of health and

safety in “laundries,” and of general and special conditions of safety

in every dock, wharf, quay, and warehouse. In the special rules it

became possible for the Secretary of State, subject to the award

of arbitrators if objection were raised, to introduce provisions

prohibiting or limiting employment of any classes of persons in the

industries scheduled as dangerous, a power which has been exercised in

the case of white lead works (prohibition of women’s employment in the

most dangerous processes), vulcanising of indiarubber by bisulphide of

carbon (limitation of hours of adults), and lead smelting works (limit

of spells in cleaning flues).

A few words must be said about the dangerous industry of quarrying

in open quarries (as distinct from underground quarries under the

Metalliferous Mines Act). These were nominally under the Factory Acts

by section 93 of 1878, but it was not until special rules could be

introduced under the Act of 1891 that any practical steps could be

taken at all to enforce the particular measures of safety applicable

to the conditions. These proved inadequate, and in 1894, on the

recommendations of a Special Committee appointed in 1893 to inquire

into the whole matter, a special Quarries Act was passed which, while

retaining those provisions of the Factory Acts that were suitable, such

as fencing and regulation of employment, applied also those provisions

of the Metalliferous Mines Acts which from the nature of the industry

rendered them better adapted for control of its peculiar dangers; at

the same time the administration passed to the Mines Department, and

in a few years it was reported that special rules for safety had been

established in over 2000 quarries with satisfactory results.

Much remains to be said of the methods of regulation of injurious and

dangerous industries since 1896;[22] of the steps taken by inquiries

and action of the permanent staff, with its increasingly expert

character; of inquiries by Departmental Committees and by specially

appointed advisers on scientific and technical aspects of processes;

of endeavours, successful and unsuccessful, to frame and carry through

special rules without resort to arbitration to meet the risks to

the life and health of whole classes of workers; of the results of

arbitration in two of the most injurious industries, manufacture of

earthenware and china, and of lucifer matches, where white or yellow

phosphorus is used. All this, however, belongs so much to current

history and controversy that its true meaning and tendency can best

be brought out later, and perhaps by a more detached observer. At

the very time when the proofs of this sketch leave my hands, an

important Bill is passing to report stage in the House of Commons

from the Grand Committee on Trade, where opinion has been shown to be

practically unanimous in regard to the substitution of a better method

of establishing special rules for the precarious and clumsy method of

arbitration; power has been taken to prohibit, limit, or control use

of any material or process in industry; and, where fruitful extension

has been made of the principle of legislating, for details in matters

of health by means of departmental orders. Enough has, I trust, been

said to illustrate the rise and growth in the last hundred years of the

still new ideas of the claim of the industrial worker in a civilised

country to reasonable, practical measures to secure his immunity from

needless suffering, of the claim of the community that the profits of

manufacture shall not be bought at the expense of the life and health

of citizens, in whose individual well-being the true wealth of the

community lies.

ADELAIDE M. ANDERSON.

CHAPTER III

REGULATION OF INJURIOUS OR DANGEROUS OCCUPATIONS IN FACTORIES

AND WORKSHOPS IN SOME OF THE CHIEF EUROPEAN COUNTRIES.

In the historical sketch of the development in England of factory and

workshop hygiene, I have endeavoured to indicate the groundwork on

which special regulations for dangers arising out of the nature or

the organisation of particular processes rest. Comprehension of the

meaning of regulations for industrial health in other countries would

be greatly increased for the student of this branch of comparative

legislation and administration, if there were knowledge of the

historical development of these institutions not only in one but in all

the countries touched on. But then, equally so would there be gain in

acquiring practical administrative experience in all those countries.

Although both kinds of knowledge are not equally impracticable of

attainment by one individual, the limits of space and time in such a

chapter as this prohibit any attempt to enter on either field so far as

details are concerned, and it is only possible to take the absolutely

necessary step of entering a warning against over-estimation of the

value of comparative surveys of systems of factory law and schemes of

administration which are not followed by further research. With a view

to such further research I trust that the slight survey attempted here

may be of value.

While fully appreciating the need of supplementing study of the law

relating to factory hygiene in any country by reference to the system

of local government and the law relating to public health, I am

compelled by the limits already touched on to concentrate attention on

the one branch of law--factory legislation proper.

England stands in a special position, with its own qualities and own

defects. Having entered long before most other European countries on

the path of control of employment in factories owing to the earlier

need of such regulation, and having admittedly also led the way in

the task of building up a complete and precise sanitary code for

regulation of public health, England has shown in the later stages

of the part of the work which touches industry too little interest

in the later efforts, on different lines of other countries. This

slowness is traceable in part to the same causes as those which have

retarded in England the general study of comparative legislation and

administration, of which foremost, no doubt, stands the necessity of

developing on national lines our own safeguards, yet it seems probable

that the country which in a singular degree stimulated European

progress in Public Health by the justly famous “Report on the Sanitary

Condition of the Labouring Population,” 1838, and its immediate

fruits, has latterly retarded its own progress in industrial hygiene

by too close an adherence to its own methods. However this may be,

it is clear that whereas Continental thinkers have already begun to

utter warnings as to the limits of the value of comparative study of

labour legislation, we in England are still waiting for sufficient

material and accurate information on which to base any comparisons at

all. Even for those who have time to do little more than mould their

opinions by reading the daily and weekly papers, still more for those

who desire to devote more time to these subjects, it would be well if

we had continually accessible, in convenient form, current documents

which would enable us to estimate more exactly what we have to learn

from other countries, and what are the ideas applied there which are

capable of application here under different circumstances of social

and administrative tradition and legislative groundwork.[23] And to

understand any one branch of factory legislation, even the sanitary,

engineering, and medical side of prevention of industrial diseases and

accidents, knowledge must be acquired of other sides, the economic one

of limitation of hours and times of work, and protection of workers in

making their contract, no less than the social side of propriety of

arrangements in the workplace, and direct or indirect protection of

women, home life, and children’s training. The time has come, however,

when there is a new readiness for the interchange of ideas between this

country and others on the question of general provision for sanitation

and special regulation for dangerous, unhealthy, and injurious

occupations. As I have said elsewhere, “with the rise and development

of new methods and even entire industries in new places, old and new

dangers and diseases are rapidly becoming clearer. The international

interest in applying science at an equal pace to the development and to

the sanitation of injurious industries is at once more equal and more

urgent than in the indirectly hygienic questions of hours and holidays

for industrial workers. At the same time the difficulties of regulation

are far less prominently economic, legal or social, and more especially

questions for treatment by expert scientific advisers.”

In order to estimate with an approach to accuracy the value of special

measures adopted in other countries, it is necessary to obtain some

idea of the ordinary scope of factory legislation, and of the degree

in which the laws are made operative by methods of administration, and

by sanctions attached to contraventions. The regulations for ordinary

health and safety, which “at first blush” bear considerable resemblance

to each other, are found on closer examination to have widely differing

effectiveness, owing perhaps in one case to lack of precise definition

or to special limitation of the class of workplaces covered; in another

to the powers conferred both on local and on central authorities to

sanction exceptions either to the Industrial Code, or orders made

under it; in another to local variations in economic organisation of

industries affected. For example, on the first point, more cases of

disputed application of the code, which contains no _definition_

of the term “factory,” have in Germany come before the courts than

in England, and in Germany the special restrictions as regards hours

and health for women and young workers apply only in “factories.” The

various decisions, on particular instances, of the Supreme Court lay

stress now on one feature, now on another, of what is understood as a

factory, such as numbers employed, size of the building, subdivision

of labour, active personal share of the employer in the processes.

Application of mechanical power to manufacture by machinery generally

brings a workplace under the scope of the factory regulations, but

power is retained for the Federal Council to exempt even from this

rule any special undertaking. The Austrian Industrial Code does define

the term “factory,” but very much on the lines threshed out by the

decisions of the German _Reichsgericht_. In both these countries

there is much less control of conditions of labour in workshops than

in factories, although Austria makes rather less distinction than

Germany between the two. Whereas England distinguishes these two

classes of workplace only by relegating general sanitary control of

the workshops to the local authority, not by differing requirements,

France makes none of the distinction between factory and workshop which

in one form or another is found in other European countries. In both

these countries the general protection of the law covers alike factory

and workshop employé; in Germany the Code has not gone further than

to empower the Federal Council to extend the factory regulations, if

cause should be found, to workshops. “Domestic workshops” are entirely

exempt from regulation of labour in Germany and Austria. England

stands alone in defining limits in domestic workshops for the labour

of children and young persons, but hitherto has not taken the power of

applying special sanitary regulation,[24] which both France and Belgium

possess, for protection against dangerous or unhealthy occupations

carried on in them. From even so brief a review of the classes of

workplaces covered, it easily appears how in the past in some countries

the domestic workshops in dangerous industries, _e.g._, lucifer

match making (unknown except in factories in England), have furnished a

disproportionate number of victims of industrial disease.

While the first question necessarily is, what are the workplaces

covered by the regulations? the second and equally important is, what

is the system of inspection? In most countries, as in England, the

institution of a special inspectorate has followed, not accompanied,

the enactment of measures of protection, even though in some countries

the idea of sanitary regulation has preceded limitation of hours for

women and minors. In Belgium, Holland, and Sweden the institution dates

from 1888–9; in Switzerland, and some of the German States, beginning

with Prussia, it dates from 1878; in Austria, from about 1887; France,

from 1874; Denmark, 1873. About 1892 to 1893 both France and Belgium

undertook the reorganisation of their inspectorate, which corresponds

to the thorough reconstruction that in England followed the Royal

Commission on Factory Legislation in 1876.

In several of these countries, all of which had originally to some

extent looked to the far earlier example and experience of England in

enforcement of the law, the important step was taken, considerably

in advance of England, of bringing into the factory service medical,

engineering, and chemical expert knowledge. No doubt in England, the

delay in this matter is directly traceable to the character stamped

on the institution by the educational, moral, and social origin of

our Factory Acts, and to the very recent beginnings of development

(1883–1891) of a special basis of factory hygiene. The delay in England

was probably further increased by the introduction (referred to in my

historical sketch) of tentative investigations of industrial diseases

under the ægis of an entirely separate Government Department, concerned

with local government and administration of the law relating to public

health. This delay as compared with Germany was, however, more than

compensated, when the Act of 1891 had introduced special means of

control of injurious trades, by the centralised, organised character

of the English inspectorate. Although the German Federal Council can

make regulations for injurious industries throughout the Empire which

over-ride special state or local rules, still each state has hitherto

appointed its own inspectors, and when appointed these inspectors in

order to enforce the rules must ordinarily report infringements to the

local police authority, who may or may not always take action. Thus

in Germany uniformity of administration in such matters outside the

boundary of any state, so far as it depends on centralised supervision,

can hardly be looked for. Much more closely knit is the Austrian

inspectorate, with its chief inspector, who has some expert advisers

on his staff, and power himself to take part in final decisions on

cases brought up, on appeal, to the industrial authority of third and

final instance at the Ministry of the Interior. Only in Austria, so far

as I know, is it obligatory in fixing a penalty for a contravention

to take into account both the amount of advantage the offender might

expect from the infringement and the amount of harm that the worker

may suffer. The latter consideration would be weightiest in questions

of health and safety, and since the fines have to be paid into local

provident funds for workers, would correspond to the penal compensation

in case of injury through neglect to fence machinery possible under

English law. Medical and chemical reports are less prominent in the

Austrian inspectorate than the German, and it has been distinctly laid

down that the inspectors are not so much engineering and sanitary

experts as a special institution for the protection of labour; since

1876 the supervision of dangerous and unhealthy industries has been

one of the functions of the provincial authorities for public health.

Although in France the inspectorate has been organised on lines, so far

as territorial divisions are concerned, similar to those in England,

_i.e._, with district and superintending inspectors, it is without

a chief inspector, and works under the general supervision of a

commission (_Commission supérieure du Travail dans l’Industrie_).

This system has been declared by one of the oldest superintending or

divisional inspectors to work most unsatisfactorily in the matter

of control of dangerous industries where the great need is that the

circumstances not of a locality, but the country as a whole, should be

considered by a chief having under his directions both expert officials

and an organised staff. The special expert character of the central

Belgian inspectorate is determined by the fact that the earliest

inspectors were appointed (1889) under the law relating to sanitation

and safety in dangerous or unhealthy industries, and not under the

law limiting hours of labour for women and children. The latter were

first appointed in 1891, and the whole service organised as one in

1895. Of the Scandinavian countries Denmark has had the most definitely

constituted inspectorate, but here the central authority has hitherto

been divided (as it was before 1876 in England) between two principal

inspectors. This is now altered. An Act which came into force on 1st

January 1902, not only amends and strengthens the law relating to

factories, but also centralises the control by providing for a single

chief or director with two expert secretaries, one trained in economic

questions, the other in technical questions. Of the remaining European

countries Hungary possesses an organised and centralised inspectorate

of the English type. In Russia control of the methods of inspectors

is by a system of Provincial Boards under the supreme supervision of

the Chief Factory and Mining Board, presided over by the Minister of

Finance, who places some of the principal inspectors on the Board.

I may turn from the field of application of the laws and methods

of organising inspection to the methods of securing _general_

sanitary conditions and security in workplaces. England stands alone in

both delegating certain sanitary powers to local authorities, and at

the same time retaining power to the Government inspectors to intervene

in these matters in case of default of the local authority, and yet

we have nothing quite comparable to the powers of health authorities

in Belgium, Germany, and Austria, to lay down in certificates of

authorisation for large numbers of workplaces, conditions aimed at

securing the health of the workers as well as the public health. In

some cases, particularly in Belgium, this power extends beyond the

trades here classed as noxious or offensive, and includes amongst

many trades recognised as injurious to workers even laundries, one

of the last of the great manual industries to be regulated in this

country. Quite early in the nineteenth century we find laundries

appearing in French lists of noxious or offensive trades under two

classes, (_a_) as requiring authorisation for establishment near

dwellings, (_b_) as requiring internal supervision on account of

decomposing soap and water. In Germany and Austria, lists of trades

subject to preliminary authorisation are shorter than in Belgium, but

there is nothing in other countries equivalent to the absolute duty

placed upon German local authorities, apart from all initiative of

numerous Government inspectors, to visit every industrial establishment

where protected persons are employed at least once in six months, in

order to apply the provisions of the industrial code in all matters

relating to safety, sanitation, and propriety of arrangements. Further,

we have in England nothing comparable to the powers of the separate

State Authorities in Germany to call in the advice of the Accident

Assurance Associations under the Accident Insurance Laws in order to

restrict hours of labour in dangerous occupations, or to carry into

effect the general requirements of the Code relating to safety and

health. In general, in comparing special rules against dangers in

industry as between England and Germany, due weight must be given

to the consideration that for many years in Germany there has been

insurance for workers both against accident and sickness; also it must

be remembered that the Civil Code lays a positive obligation on every

master to secure for his servants arrangements for health, safety,

and morality in their employment such as are also required in the

Industrial Code. We are, moreover, in Austria and Germany reviewing

countries in which traces of the old guild organisation of industry

survive both in law and fact, and the industrial codes, while defining

the duties of employers to workers, expressly require obedience and

fidelity from the worker to his employer. Discipline thus is a far

easier matter in a German than an English workplace, a factor of very

considerable importance in regulation of dangerous trades.

It would not be difficult to demonstrate in tabular form that England

and Germany stand easily first among the European countries in respect

of detailed attempts to regulate unhealthy industries by special

Government rules, but it must suffice presently to set forth the

trades so regulated in these two, while touching on some of the salient

features of special rules in other countries. First, however, it must

be indicated how the various countries stand to each other in such

general matters as ventilation and lighting of workrooms, temperature,

provision of meal rooms, cloak rooms, lavatories, drinking water,

arrangements for sanitary accommodation, reporting and prevention of

accidents.

As regards _ventilation_, until the Bill of 1901 to amend the

Factory Acts was introduced by the Government, England stood almost

alone in requiring removal of air from workrooms _only_ so far

as injurious dust, gases, and vapours arose from the manufacturing

process. The laws of Germany, Austria, and Belgium recognised much

earlier the need of ample ventilation in a workroom, quite apart from

the special question of removal of poisonous or injurious products of

manufacture, although for those too sufficient provision had been made.

In Belgium, general ventilation of workrooms was one of the special

conditions of authorisation of unhealthy trades under a decree of 1886,

but in 1894 it was particularly laid down for all workshops that means

of securing renewal of the air equal to at least 30 cubic metres per

hour per worker should be provided, and that where unhealthy processes

were carried on, the removal should be equal to 60 cubic metres. “The

inlets for fresh air and outlets for vitiated air shall be so placed

as to cause no inconvenience to workers.” On this followed the further

provisions for exhaust ventilation for steam, gases, and dust. A French

decree of the same year is rather less exacting in the matter of

general ventilation, but more precise as to the measures necessary for

removing or preventing injurious dusts, gases, and steam. In Austria

and Germany, in addition to the general proviso that workrooms are to

be maintained in such a condition as to secure the health of workers,

both general ventilation and special provision for removing dust and

fumes are required. These requirements are of much earlier date than

the French and German decrees referred to. General ventilation and

removal of dust from workrooms are required in Hungary by the law of

1893, and will be in Denmark by the law to come into force in 1902.

As regards _lighting_ of workrooms, a condition of health almost

as important as ventilation, several of the more important industrial

countries have provisions, although England has hitherto left the

matter untouched. Germany by section 128, and Austria by section 74,

of their respective industrial codes recognise sufficient light as

an essential condition of health in factories. In France provision is

made for proper lighting of workrooms and also of passages, staircases,

and other accessory parts of factories and workshops. In Belgium and

Denmark lighting has hitherto been required as a measure of safety,

not of health. On the other hand, the important sanitary question of

_temperature_ is more carefully provided for by the general law

now in England than in the codes of other countries.

Dangerous trades · 第 60 / 78 章