(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Work materials ..."

BOSTON PUBLIC LIBRABV 



3 9999 06317 378 3 



\ 



OFFICE OF NATIONAL RECOVERY ADMINISTRATION 
At'h 8 i'-jjb 

DIVISION OF REVIEW 



S'^ 



^' 



, V L \ A 



SAFETY AND HEALTH WORK UNDER NRA 

By 
Solomon Barkin 



(A Section of Part D: Control of Other Conditions of Employment) 



WORK MATERIALS NO. 45 
THE LABOR PROGRAM UNDER THE NIRA 



V^D 



Work Materials No. 45 falls into the following parts: 



i 



Part A 
Part B 
Part C 
Part D 
Part E 



Introduction 

Control of Hours and Reemployment 

Control of Wages 

Control of Other Conditions of Employment 

Section 7(a) of the Recovery Act 



LABOR STUDIES SECTION 
February, 1936 



OFPICE 0? KATIOlIiil RSCOVEEY iDMI III STRATI OU 
DIVISION OF REVIEW 



SAFETY At^D HEALTH YIOSIL UlIDER IIHA 
Solcnon Ba?kiii 



LABOR ST^JDIES 3£CTI0:i 
February, 1936 



9711 



The study of "Safety and Health V.'ork under the National Recovery 
Act" was prepared ty Solomon Barkln of the LpSoot Studies Section. It 
is one of a series of studies conducted hy this Section on the attempts 
"by MA to control throUfjh the codes of fair coraoetition not only wages 
and hours of work but other conditions of erroloyraent. The Administra- 
tion of this part of the lahor program illustrates many of the problems 
appearing under IT. P. Ac 

In the preparation of this naterial, considerable assistance was 
offered by the Division of Lcabor Standards and tiie Accident Statistics 
Division of the Bureau of Labor Statistics of the United States 
Department of Labor, 

In the appeiadices are valuable compilations of safety and health 
codes for a large proportion of the; codified industries. These nay be 
of assistance in the future development of safety and health standards 
for these industries. These appendices, it will be noted, do not 
appear in mimeographed form. They have been found and filed in the 
MRA archives. 

At the back of this report will be found a brief statement of 
the work of the Division of Review, 



L, C. Marshall 
Director, Division of Review 



March 5 , 1936 ~i- 



9711 



TA BLE G? CONTENTS 

Pai<3:e 

Sunmary iv 

I. Origin 1 

II. Accidents and Disease in Modern Industry 1 

III. ReemTDloyment and Accident Problem 3 

IV. Nature of State and Trade Union Refjulation 5 

V. N.R.A. Policy 9 

VI. The Committee on Safety and Health: 11 
Organization ajid PrOi^rejn 

VII. Crystallization of N.P..A. Policy 14 

VIII. Safety and Health Provisions - N.E.A. Codes 20 

IX. Progress in the Adoption of Safety and 

Health Standards 23 

TABLES 

I. State Safety Reauirenents in Industry 6-7 

II. Code Provisions on Sa^fety and Health in 

N.R.A. Codes 22 

APPENDIX AND EX?IIEITS 

(The Materials in the Appendix and the Er-hihits do not appear in 
mimeographed form. They have oeen ho-ond together under the title 
"Safety and Health "fork Undei' the lIa.tional Recovery Act — 
Appendix and Exliibits" and filed as a part of the N.R.A. Archives.) 

APPENTilX 

"A" Letter to G-eneral Hugh S. Johnson from the 

Committee on Standards for Safety and. Health 

"B" Plan for Safety Organization 

"C" Suggested Form Letter to Industry Members from 
Code Authority 

"D" Safety and Health Provisions in II. E. A, Codes 

ii 



9711 



"E" List of Industries to '.riiich Coninittee on 

Standards for Srfety and Health P.Lrnished 
Eecoin'nended Standaids for tlieir Consideration 
"by Code ll-umber 

"P" List of Exhibits -.vhich j?ollo',7 Apor-ndice- , includ- 

ing Exhibits I- "A" - ( ), (d), (ci), U) - "3", 
"C", "D", Exhibit II 

EXHIBITS 

I. "A" (a) Code Authority for the Crnsn^d Stone, 

Sand and G-ravel, and Slag Industries, 
Preliminary Report of Accident 

(b) Code Authority for the Cruslied Stone, 
Sand aiid G-ravel, and Slag Industries, 
Prelirainarj'- Report of Accident 

(c) Code Authoritj- for the Crushed Stone, 
Sand and Gravels and Slag Industries, 
Tinal Accident P.eioort Blanlc 

(d) Code Authority for the Crusnod Stone, 
Sand and G-ravel, and Slag Industries, 
Final Accident Pveport Blanlz. 

"B" Liniinw.i Standards for the Sol'ety and Health of 
V/orkers in Manufr.cturing Indiistries 

"C" Minim^om Standards for the Safety and. Health of 
Workers in Mercantile Establishments 

"D" Standards for S'lfety and Health for the Crushed 
Stone, Sand and C-ravel, and Slag Industries, 
Approved by the national Industrial P.ecoverj'- 
Board, December 7, 1934, 

II, Recommended Standards of Safety and Health 
Purnished to Code A-u.thorities by Department of 
Labor Committee 



111 



9711 



SFnx^Y 



Reco ,r itio.i ox' tii-^ i'= s v. -.sibilit;- o;" I'.K.l. to iiistitate racasures 
to if.nrcve -orctection oi ohe 3?~^fet;^- a.yi lu-r.lth rf vorlrers v;ns roanifest 
early i:. tlie activities of tiie ".^..A. "lulletin '"o. ^ calls attentioii 
to this o''i iective. T.R.A. und^rtoo;-: ohis novo .le o to ■ ccoiir-lish c^r- 
tsi:,i "ocrmses : to reduce accidents f ■.id diiierse ^o^l duri.:,:, thf^ tera".orary 
■jeriod of reeiT!olo:/;ao;iC a.nd ar, a -oerr;K..:"ient cpridiuiT.i ir. industry; to 
irnrove a:;d uiehe viore unifori nrev-.iliv;_; st-.Adards for s.-ife^y .-.•nd health 
ir. ii-d'astry; £ nd irito :.ratio \ of safety av.d health n'omction ■.•■ith oth^r 
]-)hase3 of self- iovernment i.^, Indus orj*. Some, hut not all or che ef.rly 
codes, cor.tt^iiiel -provisions \;hich esu. bliehed che res-^^onsioility of 
ind-'istry for th^; sciety and health cf the v,'or].:ers, and such -u-ovi=;iop.s 
oecme more nujiierous aft.:r the ado-itio;-. of s ecific -oiovisions in the 
model codes. 

The oi,,ani -nation of a G onmiittee ::\ Standards for S::.fety and Health 
in II.H.ii. Codef in the Deiartraent of Labor ^.reatly accelert-ted the '.' .7..k. 
::)ro^raiii. The Coi.imitt'T-e developed the underlyin,, -ooliciei.- and obj'^ctives 
and furnished the ".Tu-h. vith the tec"!ii-.i';al assistr.nce reouired to out- 
line a pro^ rar.: arii to dcvelo-T stanisirds ''..d nlrns jf organization for 
each industry. It -ro ;osod that t"ie code aithorit'- become the admini- 
strative o,£,e:iCy j.or develonint-; and ;oo'-)ularizinj- the safety and health 
provisions in th;; code ;:nd for educrtin ., the indivivlu;\l iniistry meiii'Ters 
to comply v;ith them, furthermore, it outlined ohe nroper activities of 
code authorities in order ef~ectiv"ly to carrjr out this tash. Finally, 
it furnished i^,uides t'^ inlivlii^a^l code authorities, such as standards 
for safety and health, stvtisticrl ■-.rocedures, methods of vrt_,anization 
and educational laaterials. 

?/ithin IT.E.A. , this ;iro^n-am fps endorsed by all parties er.cept 
that some ,_^rouoa did n-^t F-v-.rove ra.-'kin,_^, the standards commlsory but 
recom-iiended thot they be ■.--onsidered educational. liov/ever, a reconcilia- 
tion of this issue vrns in si,;ht at the time of invalidation of the F.R.A. 

Desnite the difficulties of or^-- nisation, considerable oro_,ress 
was made with individual code authorities in development of standards of 
safety and health and administrative a^-encics. I'ost code authorities 
resTonded favorably to suggestions made by I'^.R.A. , but effective or,^aniza.- 
tion vfas difficult. In all, standards of safety and health for only 
twelve industries were apiproved by F.R.A. and these vvere annroved in the 
last several months imi.iediately --.receedinc the Schechter decision. Many 
more were, however, ^ in -oroces^- at thr.t time. 

It required the special f-:rou-os v/ithin l\f*R.A. and the De^iartment of 
Labor to assure pro_,ress and sustain interest and effort. Desnitc the 
early reco^.nition of desirability of -oromotin,.. safety and health, and 
despite the incln.sion of code provieio:-.s to nroi-iote this objective in 
a majority of the codes, -oro.iress wr-s slow. The ,,rovrth of interest and 
activio-'- durin^, the last few months of F.n.A. did, hov/ever, indicate 
encoiira^in;^ possibilities for advances in the future. 



3711 -iv- 



, ' -1- 

I. ORIGIN , ' ■ 

One of the objectives of the IT.?,. A. ^-.t.s to improve "standards of 
labor" (*), and it was arg-aed that b-- t^.st means certain "-unfair com- 
petitive practices" v;oiild be eliminated and recovery tiiereby advanced. 
Section 7 of Title I of the Act indicated that "conditions of employ- 
ment" in addition to "maximum hours. of labor and minimiim rates of pay" 
vrere to be considered in the determination of "standards of labor." 

Anong other "conditions of employment" the safety and health of 
the vrorkers were considered significant to the realization of the aims 
of i-T.Ii.A. Bulletin 2, issued b-,'- General Johnson, outlined the im- 
portance of healtiifal and- safe working environments as a means of eff- 
ecting fair competition. It declared that "conditions of emplo'/raent 
should^ contain necessary safeguards for the safety and health of 
workers" (*). Imtjroved .and more -uniform stajidards nere deemed necesse 
ary to preVent undermining of the basic wage aid hour -orovisions and 
to assure sound business economies,, lower costs of production and less 
Eocia-l waste in- the form of dependency. 

N.R.A. was organized to effect reernploi^/Tnent in industry and to 
increase purchasing power in the ha^nds of workers. It was generally 
known that re-emplo^^nent would increase the hazard of safety and 
health of the workers. Under these circumstances the prevention of 
accidents and diserse v/as one of the basic taslcs of K.R.A. 

II. ACCIDENTS Ail) DISEASE lU i.IODZHiJ INDUSTRY 

In our rapid industrial progress new processes a<.nd new products 
have too often been introduced without first giving thorough-consid- 
eration to the harm ^.Thicji they might inflict upon workers. As a re- 
sult, progress in the protection of the safety- and health of workers, 
although notable, has not b",'- any means Tally develoiDed the practicable 
possibilities of prevention, "'orkers still face serious hazards, 
pa.rticularly in tlie smaller establishments in which conditions of 
safety and health have been least affected by the safety movement of 
the past three decades. 

Desoite prog"ess, we still s-uffcr from extravagant losses of 
life and an excessive toll of disabilities. Occ"apational mortalities 
for 1934, b.3sed on National Safety Council estimates, wsre a.Dout 
1.5,000. In 1933, a year of lov.' industrial activit-"- and one with par- 
tiCLilariy good a.ccident record, it '.'.'as estimated that there v;ere 
about' 1, 225, 000 nonr-fate.l accidents to -persons, varying from slight 
t empo rf.r:;'' to complete permanent disability. 

* National Recover- -Administration Codes of Fair Com-joetition , 
T/asaington (l93o) - V. I, p. 583. 

** National Recover^,' Administration B.asic Codes of Fair 

Competition, Bulletin No. 2. (j-ione 19, 1933) TTashington. 



9711 



The national Srfetv Coancil has estimated the cost of industrial 
accidents in 1934 at 9600,000,0^0. This sum consists of v'a:2;e losses, . 
medical expense, and cost of incurojice. Yet in addition to this direct 
cost, the"e is a much larger indirect cost oorne chiefly by the emplo- 
yer, These cost? are. made up of time t'\':en by other emoloyees in 
vatching the accident, repairs to damaged equipment, lower production, 
cost of treinin,-;; ne\7 employees, and a host of other incidental costs. 
Ex'oerts in tue field of accident prevention place -these indirect costs 
at three to five times the direct costs (*). In total, it is estimat- 
ed that industrial accidents in American industry/ cost from $2,400, 
000,000 to $5,000,000,000 annually. Add to this large bill paid each 
year the cost of maintaining the permanentl-i'- disabled of the past and 
the losses in earnings due to the handicaps of emr)loyed ^"forkers. and 
we reach a ste gering s-om representing the money loss due to accidents. 

Hot only is the American \vor:er subject to many accident hazards, 
but there has been an increasing varietj?" of disease and health haz- 
ards which are jtist as injurious and fatal. It is now generally real- 
ized that few, if any, industries are free from health hazards and 
in some the hazard is severe. It has been estimated that as many as 
1,000 occupations are hazardous because of their threat of danger to 
the workers' health (**). Death and ill health have occurred in indus- 
try through the inhalation and ahsorption of industrial poisons and 
dusts and from industrial infections, extreme heat and sudden changes 
of temperature, abnormal atmospheric r)rescure, electrical shocks and 
burns, dampness, extreme light, poor illumination and repeated motion 
pressure. 

The sunre^^ by the United States Public Health Service of the 
potential ha.zards in a tj/pical industrial area illustrates the extent 
of this problem (***). In tiie G15 plants studied, 50 definite poiso- 
nous materials "ere found.. Of tiiese 39 ma-y be considered of a poten- 
tiallj'- hazardous nature from the viewpoint of possible s^'^steraic pois- 
oning. It was further revealed that inorganic d.ust, carbon monoxide, 
and lead compounds — long recognized rs causes of occupational dis- 
eases — are still the most important materials to which the worker 
is exposed. The stu-dv conclixded tJiat the so-called "small plant" was 
generally lacking in tl-oso welfare provisions which ha.ve been found 
to 'olav an imuortant "oart in an^' constructive program of industrial 
hygiene. 



United States Department of Labor, Bureau of La.bor Statistics, 
Monthly Labor Revi ew, V. 31, pp. 7.?-80 (iToveraber, 1930). "Cost 
of Industrial Accident to tne State, The Em;'3lo-er, The Man -". 
United States jBureau of Labor Statistics, Dublin, L. I., 
aiid Vane, ■^. J., "Occupational Hasards and Dia.gnostic 
Signs," Bulletin I'o. 532 ('"ashington: 1933) - -^p. 4-12. 
*■ U. S. Trcasiir^/ Department Public Health Service, Bloomfield, 
J. J., Johnson, W. S. , Sa-ers, H. R. , "The Potential Prob- 
lems of Industrial Hji^giene on a T:\n?ical Industrial A"ea in 
the United States." Public Health Bulletin Ho. 216 , 
(T/ashington: 1934) 



9711 



-3- , 

The effects of these healtxi hazards are evident in the mortality 
and disability of the indiistrial population. It has been fo-umd that 
the death rate anong the ind^istrial population is about 2'3 per cent 
greater than among "th^e general populs-oion (*). The life expectancy of 
a worker as of 1930 wac. about 5,93 years, shorter than that of the gen- 
eral population. As to physical impairments, a recent investigation 
made bj' Milbarik Foxindation indicates that skilled traxlesmen suffer 
more impairments tnan the other population groups (**). The average 
ws'je-earner -deteriorates ph^'^sically more ouickl'','- than the rest of the 
population. Premnture old age is more prevaJ.ent am.ong the T.-age-earn- 
ers tnan r-raong other groups. ... 

The meaning of these hazards to the em^iloyer is suggested by the 
size, of the suits ;..t comindn lav/ resulting from occupational disease 
and pending in this couiitry today. They total $590,000,000 (***). 
Suits totalling $2,500,000 have been filed against a single firm. 

1 1 1 ._ "^SSi TLOYI.CSKT. AliL AC C I DSIIT FHOBLEM 

The knowledge that an increase in accidents and disease occurs 
coincidentally vjith the rise in industrial activity led certain rep- 
resentatives of the IT.R.A. to ^lace s-oecial emphasis on this problem. 
As a result of T.H.A. men v.ere to be added to the payrolls. They 
would find, little time to train in new surround ings, with probably 
new jobs, and often with inadeauate supervisors. Maximum speed and 
production would be reouired despite ~the fact that many had lost their 
skill, their adaptaoilit,]'' anc* their stamina. Long periods of unemploy- 
ment-, v/ith its imolication of i;jidernouri shment, added to the fear of 
.losing the job would tend to increase ' susceptibility tc accident and 
disease. In this connection it is interer-ting to note that in a safe- 
ty survey of G-rand Coulee Dam, Mr. Paul 5". Strieker, - of the U. S. 
Department of Labor, reports that four of the fa^tal accidents occurred 
to persons who had worked four or less da.'s on the job. One of those 
engaged as a lineman had done no such work for three years (****). 



* Solomon Barkin, "The Older TTorker In Ir.dustr"", a Study 
of New York State Manufacturing Industries, L"ew York 
Legislative Document l^o. 66 (1933). Report of the Joint 
Legislative .Comi.Tittee on ^nemploj'-ment (Albanj?-: 1933), 
pp. 117-120. 

** United States Treasurer Department, Unitfed States Public 

Health Service, ~le-orint 140 4; also, Solomon Barkin, ov. cit, 
pp. 120-122 

*** Sap^in';-tcn, C. 0., "Ii-.dustrial. Di se.r se Hazards" Industrial 
::edicine (i;ar, 1935), p. "232, 

**** Paul P. Strickler, Saf ot^^ Surve- of Grand Coi ilee" Dam, 
("ashington: 1935) - Department of Labor, Division of 
Standards (lameographed) . ' ... 



?711 



-4^ 

Ti\e problem vas accentuated by the oresence of young ■oeople newly re- 
cruited to iiidust'-y 'The could arin^ vfith tiieni little training in the 
hanit of ca\ition to assure sp-^e conducte This groux) generally presents 
a uotcjntially high accident risk, Sven the persons v;ho had been keTDt 
e^Tuloyed had become gre, .ter accident risks when N.E.A. undertook its 
reeirployment drives becpuse in numerous cases their resnonsibilities 
and duties Uf.d been increased (*) . 

The increp.se in the accident toll due to reem-oloyinent is reveal- 
ed by the fact th-t the National Safety Council reports that the fre- 
quency rate index for 19?2 '^as 33,5 (considering 1926 as 100) while in 
1333 it was 41.2 ai:d in 1934, 43.2. 

Experience in numerous industries hpd demonstrated that industrial 
accid nts and diseases are Ip.rgely loreventable. Significant examples of 
such achievement were presented to industry by individual members of 
firms Phd N.P.A. o-fficials in su'D^ort of the need for definite action 
under the N.H.A. codes. There was almost universal recognition of the 
need for constructive -"ction, both to advance safet;^ and to -orevent the 
wastage of economic and human resources throue^h accident and disease. 

Further su\->-Dort for this raovemjnt came from the acceptance of the 
conclusion that the protection of safety and health more than paid for 
itself in lower oueratiiig cost, lower insurance cost, better plant 
mora.le and a more favorable public attittide toward the emoloyer. The 
safety movement had taught these lessons to a considerable portion of 
industry. The movement ■on.der N.H.A. was organized to spread information 
concerning tnis e::-Derieace to every establishment in industry. 

In furtherance of this effort, the International Association of 
Industrial Accident Boards and Connissions and the International Associa- 
tion of Government Lauor Officials communicated to General Johnson 
their resolution of Se-otember 14, 1933. Tnis resolution urged the 
National Recovery Adninistrntion "to include some such clause as the 
following ... in each of the industrial codes": 

'Every eranloyor coming under the jurisdiction of this code 
shall comnl-'- with all safety ?uid health laws and regulations 
of the State in which the work-iolace is located. In all occupa- 
tions in which '-orkmen are not protected by such State laws or 
resmlations, the employer shall com-oly with the provisions of 
any standard safety code a,T)proved by the American Standards 
Association which provides lorotection against any hazard 
encountered in such occupation' " (**) 



(*) See H. E, Fisher's "Whim the Employee Returns to Y/ork" 

n ational Safety ITews (Loy, 1934); '.:. D. Ileefer's "Green Men" 
national Safet y lie^^'s. (December, 1935); "Those Sxoensive Safety 
Denartments" National Safety News (Autgust 1935). 

(**) N.H.A. Files, Safety and Health. 



9711 



The Americe.n Standrrds Ac-sociation V'l-ote also to tlie Administration ur- 
ging it to ■nromote the adoiDtion of safety r.iles in indaptr^'' (*). 

IV. TArXffi OF STAT3 AI'D T^iirZ Ul-iC:: r.jiJt'LATIOIT 

F.H.A. uncertoo]-: to acvarce toe pr^ct'^ction of the uorker against 
unsrfe and -ixnhealtlif^il conditions "becaur.e it also recognized the short- 
comings of state efforts and trrde imions to e^tahlish sdeoTia.te and 
uniform standards. The individual steter led ty i-'assacliusettc hove en- 
acted state regul^'tions settin.r' fortii reonirenients for protective de- 
vices pgainst hezards incident to machine opers.tions. Factor;.- inspec- 
tion departments viere ests-olished liy tnese strten to enforce the reg- 
ulations. The first standards proviced only olanket provisions. The 
recent trend hps been axr^.y from these indefinite and vrgue regulations 
in the direction of special s'fet"'- codes, ru.ler and re^ralations for 
specific industries and certain mechanical processes and special haz- 
ards (Table l). The present safety re^julations pre, ho^.■ever, deficient 
in the follo'.ving res-oects: 

(p) Sefet" provisions in some s'ictes cover orlv da,ngerous 
practices and in otac---'s only a fev; s;oecific subjects. 

(u) Some states leo.ve the det'irmination of the safetj/- re- 
quirements to the individual preferences of inspectors ojid usually 
there are only n limited number of ins'oectors. 

(c) There is little uniformity among the states as to 
standrrds or qualitT or degree of enforcement of these provisions. 

(d) Fev; states have undertaker to educate tne industries' 
management to the use of orevailing standards. 

(e) Enf orceme2';t by sta.tes has been greatly vanting. 

It may be said that it is an almost imrossible task to males a 
complete study of the safet"- codes of tne various states to determine 
their variance on fundajnental requirements because of the innumerable 
differences in cietail ajid phraseology,'' (**). 

F.R.A. recognizee; tr.at t-iese variations in codes and defects in 
our present system of regulation, education and enforcement, result 
in unfair competition among the concerns in the same industry'- in the 
various states. Such conditions hamioer industr"'- '. ithout benefiting 
employees. A man-af acturer in a. state \/ithout sa.fety regulp,tions need 
not -orovide safeTi.ia.rds. Even though in the long inin there is a saving 
.in a good accident prevention nrogran, he may for ai ti:ne be able to 
undersell a competitor in a sta-te having regulations. 



i'.R.A. riles, Safety and Kea^lth . Letter from P. G. As:ne\-i, 
Secretory of Am.erica.n Standards Association to Leo TTolm.an, 
October ?3, 1933. 



** 



InternationaJ. Association of Industrial Accident Boards and 
Commissioners Convention on October 8, 1931. U. S. Department 
If Labor, Bureau of Labor Statistics Bulletin 504, 



9711 



-6- 

TiBLE I 
SAFE PRACTICES PAMPHLET BD. 94 
National Safety Council - 1935 

SUBJECT CHART — ALABAMA 1 MONTANA 

In thl« tmble S atands for §totote, E for rule or regulation, and A for advisory. These letters and the nnmbers which accompany them 
form a code which has significance in this pamphlet only. Order pablicatlons by title, not by these code numbers. 





< 


< 


< 


1 


4 

o 


i 

o 
O 




E 


03 

c 


S 

•o 


^ e 


1 


• 
1 


s 






i 


i 

s 


d 
a 


S 


6 
S 


i 


Abraflive Wheels 





Rl 




Rl 


SI 


85 













81 


1 
S10| 


Rl 


89 


1 


R3 


81 


86 


R5 




SI 













"si 

S2 
R22 


"82 
R2 


"si 

82 















810 








-Sq' 
Rl 


.i 


82 
82 


.^.c::::i 






81 
81 






SI 




SI 


SI 










84 


Rl 


81 


82 


SI 


Rll 


81 


Sfi 


Brewing & Bottling 




















Building Elite 

Canneriea '. 




R6 




S3 
R22 


S3 


S3 








81 





81 


81 


82 


Rl 


R4 
S9 


81 81 R3 84 
82 


86 S2 


S2 
82 


SI 


82 


Cannery Labor Campe. 








R97 






























1 . 














ChemicalB 




S4 




R22 

















SI 


85 1 


|. 1 





R6 




81 








R2 
R2 


::;:;::: 


R4 
R6 
R32 
84 
RB 


R2 

S14 

S19 

85 


















Rl! 

Rl 


! Rl! R8 
















87 










81 


82 





SI 


!...„... 




811 


















Rl 












SI 


SI 














81 


85 


R4 


R2 






R12 


B6 


S3 




81 


Rfl 










































































S5 

R26 

R9 

86 

R12 














Rl S3 




R2 R4 
Rl 83 
Rl S4 
Rl Al 








83 


84 








SI 
81 






86 
87 
88 
R2 




















R3 

81 

Ra 








SI 






R4 














81 
81 


84 
86 
S3 


84 

81 
S4 






R13 

R14 


S4l 85 

86 sa 




Rfi 




84 










81 


SI 




Si 


S4 




SI 














Rl 


Al 






R7 


S6 






































R2 
Rl 

S2 




R13 
















S2 
87 


■S3 
84 


Rl 
Rl 








1 










R3 

89 


87 










SI 


R5 






86 
87 


86 88? 

1 ^i 


81 
81 




Ex plosi ves 

Fire DrillB. ^ 


SI 




R14 








86 
R4 

87 




. 


Rl 














1 






SI 


S3 


S3 


R16 


Sll 


86 











S12 


84 









88 


' «« 






Sfi 




























R7 




S3 


Sli 








, 




R2 
R2 
88 






811 
88 
Al 






Z3 rz 




R4 
















Rl 
81 








R19 
R20 


R3^ R5l 

SIO, 


81 
81 


Rl 






R8 




R17 


S13 














Rl 
Rl 
Rl 


RS 




















R3 
• R3 




R5 

SU 






Foundries 








87 






















R4 




R21 


■S6 




sij 










,7 














Rl 


89 








^ 


R?? 


S5| R4 




1 










P?3 






















R.> 

1 R3 

R3 


R34 






Gas Masks & RespiratorB 








R3a 


F3 














84 


Rl 








Rol 


Si!;::;:::: 






R2 




R18 




















RI7 




Sll 
811 






Labor Campa 






S8 















:::::;::.: 


89 




1 









Labor Laws 


. 

. .. 1 


S3 


RR 


S14 


87 


82 


S2 SI 


81 
81 


«H 


SI 
Rl 
Rl 


89 


Sr Sll 82i SIO 


86 


sul S2 


SI 
81 


Rl 






S4 


Rlfl 




1 _ 




1 R3 
, R3 


R25 
SIO 


1 Sill 




Laundries 




S4' 


R20| S16 


S8 






1 ... , 


SI 


Rid 








R2 812 




























SI 

8! 




Lighting; Industrial 





S5 


S3 


S9 si? 


89 






:;;::::l:::::::: 


sij sii 


84 


Rl 


sib| 


Bl R3 


Sll 


1 sul 


86 


_ ^ . __ j 




R9 












— 1 — 




85 


j Rl 


„.l 


H3 






■■ 
























1 
























R24 












SI 


SID 




Rl 




81 r: 


R37 




814 
























Al 


' 81 

; __._ 


















:':::; '■;::::::■::; 




























i 












; — 1 — i 1 • 












Milling Industry J 


















! J J i ; '. 






Mining,_^ 


SI 


S6 


S3 


sio 


S1R 








81 


82 


S12 


84 


821 Sll 


^'i 


S3: 


s?! si's.......^ 


S2; 86 


Needle Trade 


















Oil Drilling 






S3 


R28 
R22 




























S.i 


Painting.__ _ _ 1 .f 













81 


82 


1 







— i ;si2i 1 ; 






iJIlJ 1 

Paper & Pulp Mills .1 . .„ . .! 



















Rl 








1 R3 















R?R 














Rl 



















RS 


Plant Railways 1 


R?9 


R? 
















( 




SI 


■":::: !:;r'...„;.: i. .. 






Plate & Sheet Metal 




1 


R?? 
























- 1 — 


..... 


1 








Potteries 






























. 1 1 










i 



































Pin 




RIO 
R32 


823 










SI 
SI 


85 
810 


'83 


Rl 






RSO 
R28 
R3I 
R28 


i Sll 
1 Sll 








Power Control: MechanicaL 
















Rl 
Rl 
Rl 
Rl 




1 








Power Presses 


1 












Al 


1 




R5 
817 




[ 






Rll 




R30 


S24 












81 


SIO 






81 R^ 








Pressure Piping 










.::t..i 















1 




R22 
R31 














810 






z±rz±r 


T— 




R5 
















>^«ef'; 


SI 










SI 


i 










Refrigeration: Mechanical „ 














813 


85 


Rl 
Rl 


R4 


R3 Rl( 




R(L ; 






Rubber Marhincry i ^ 









...'..... 


.1 . 







; R3 


;;;;;;; i j ;;; ;; 




































" 


1 ' 








Salt Refining , ' 






















i : 1 1 ' ' i 


81 
81 
81 






S7 
R2 


S3 Sll 
S12 


825 
814 


SIO 

87 


R? 








81 
SI 


814 
S2 


86 


Rl 
Rl 


812 


Si; SI, S2 S13 
SI; .1 S2IR32 


86 Sll 82 


Rfi 


Scaffolds & Staging 












81l| 























1 1 ■ - 


1 





















1 1 


) 












' 1 1 1 






























S9 


i I 












81 




i ' _.J ; '.._.__ 1 












r-- 1 -So 


















R2 
Rl 


"si !"!!!!!'!!!!! J R:i3 


. R3 Sl-1 

1 se! 818 








Stairways 




R131 


R34 S26 
R35 












81 


815 


87 




82 


81 


87 





















Rfi 


Steel Mills 




S4 



































Tanneries 








1 






















^_^ __, 










Textiles 








R22 
R37 





Sll 
















Rl 






j -RS . i 










Tunnels :..._ 




1 






















Rll RS 









81 
81 




Vats 




1 


810 
827 











bl 
SI 


SIO 
816 








1 


"8 


1 86] 819 

i S6 sac 


■■"82 




Ventilation 


SI 


S6 S3 


S13 


812 


S2 








8£ 


Rl 


sia 




' SI' ' SIJ 


66 














Walkway Surfaces „ 


1 1 




1 
















Rl 




1 : 


1 








Window Cleaning 


r 1 


R3q 




















Rl 
R 

s: 




\ 


i'R3- 

,t SK 


i'sai' "'"'.! 


■'si 

84 




Woodworking Plants. ^ 




I 


S3l RIO 








. ... 








Al 

Sl-J 


1 


. R- 

2 S 




Workmen's Compensation Law 


S2 


S8 




SI4 


1 828 


S13 


S3| si! s: 


S2 S3 


SI7 

1 


St 


: S2i s 


Si 


i' SI 


1 


S8 



9711 



-7- 
STATE SAFETY REQUIREMENTS IN INDUSTRY 



SUBJECT CHART — NEBRASKA TO WYOMING 

I> thU table 8 ttonds tor itatote, B for rule or remilation, and A for kdvlaory. These lettera and the numbers which sccompsny them 
fMm a code which has significance In this pamphlet only. Order pobllcatlons by title, not by these code numbers. 





1 


1 


K 
Z 


z z 


>- 

z 


6 


Q 

Z 


1 


i 


S 
O 




3 




Q 

00 


1 


1 


1 


> 


iJ 


1 




1 


1 




SI 


Rl 


8S 


Rl 




Rl 

RS 

SI 

82 

R21 


..[_. 


Rl 


R3 


R8 


Rl 








R9 




R4 


— 


81 


Rl 


81 


R26 
















Rl 

S2 






8121 


■"i" 


■~81 


SI R8 
82 81 
R7 R8 


R40 
81 
R3 


SI 







Bl 
R12 
R12 





R4 
Rl 








-82 


R26 
R2 


R3 




81 


82 


81 


....... 


81 





81 




Brewing 4 Bottling.. „ ^.. 










Building EiitB„ .„ 


Rl 


RI 


81 


S3 





83 
R9 


R9 RS 


82 


84 


R4 
|R8 


82 
R4 
R4 


81 






R2 


81 




81 


81 


"Ri 


-.-... 


Ri 


81 
























Rin 








































810 
R21 






R16 




R8 
RS 


"■R6 


























Chemicals _...i 


Rl 




R4 












R12 












Rl 











RlL...... 


._ J 84 





S4 
810 
R13 

8S 




1R18 
81 R3 


...^ 
R4 

86 


R2 
RS 

•R3 


83 

RS 

RIO 

84 












87 
R4 
R4 
R4 








"gi 


"■"87 


'"R7 






83 S8' R6 








_... 


R12 

R12 

82 


81 








Rl 
S? 


1 


81 


R4 








S4 


' 1 


81 









82 


87 


R8 




Dredgeai- _ 




.J 




...—.. 


Dry Cleaning * Dyeing._ 


Rl 


831 1 !.._ . 


RU 
RIS 
R17 
86 
R84 


R9 

"■R9 
81 


"si 


R6 

S3 
R7 
Al 


■■S"f2 
86 
87 
R2 


...^ 

82 
83 
R9 


Rsg 

86 

86 

87 

R16 









R2 
Sll 

Rl 
R12 
R12 


...... 

81 


R3 

81 
S2 
R2 


■"si 


81 

■■si 

81 


Rl 

83 
86 
86 
Rl 


"'83 


82 

R9 
RIO 
R26 


.._... 


Electrical iDslallation „ 

Elevators and EscalatorB „ - 

Engine*—. — 


S5 

se 


84 


82 
82 
82 


R7 

S5 


"■•-- 


"■si 







■■■83 
















■"R9 
R3 

■■sij 


— ••■ 


R3 
R2 
84 




Rfifl 












... 










RllL .. 




S7 


~S^ 


82 


RR 





R18 

87 

R24 

R28 


R3 

812 


S4 
R4 


88 
89 

Rlfi 








S3 
811 


""si 


Sll 
S3 






Rl 
87 




R12 




S7 








• 


81 


R13 84 


Fire Prillji 








812 








First Aid. 


aii 


82 


1 





Al 


88 




811 


„ 






S4 




84 







88 


86 


R15 










f 


R14 








S12 
■'R6 


R3 
R6 
R9 


S12 
R24 
R13 


— 






S5 

86 

R3 

812 




81 







811 
Rl 
Rl 




■■■■84 
84 


Rll 






88, 
Rl 


"ai 


RliL 


R?9 













R16 84 


Floor & Wall OpetiiDgB. RaUlngs 4 Toe Boards 


Rl 


sad 

RM 


R9 




86 


81 


R4 






R26 






R8 R40 






R26 


Foundriee — 








82 


89 




88 







R12 


R7 


R8 


S14 










R4 








SI 




R26 














R1A 










Rfl 


R19 






R12 














R17 




"Ri 

Rl 


"86 




"sis 




Rie 

R32 
R3 

89 












R64 






















Gae Maaka A Hespiratora ™ 


R9 




R18 






R2e 

R27 
R29 









R12 
RS 




S6 

87 





81 


Rl 
Rl 
Rl 





RM. 







Al 


R6 


■■R7 


R26 


Labor Campe — „ „ ._ 


87 









— 


Labor Lawa „ 

Ladders 


87 
88 
89 


88 

810 

88 


83 
82 
82 


811 




810 
Sll 
812 
R34 


S3 
R9 


83 
81 


'■■'87 
R13 


69 
810 
R7 


S5 
"r8 


816 
R30 
R32 
816 

817 


81 
81 


81 


1 


87 
R6 
88 


SI 


812 
86 
R3 


. SI 


81 


89 
Rl 
Rl 

"'sio 


86 

ss 


84 

R19 


Laundries „ 

Lead.. 


R16 
814 
816 








R20 S3 


"si 


■■■■si 




lighting: Industrial 


Rl 




ss 




R9 




88 


811 


86 






89 


81 


B7 


R21 














813 










R3 
























R9.. ._ 










R''n 




























, 










Loggins A Saw Mill Machinery 


87 
Rl 




82 


R27 




RM 






Al 
R14 


89 


87 


R36 
R37 




....... 




R12 
RS 




R4 
R4 

87 


81 





Kl 
Rl 


84 


H26 
R26 




Metal Working. 




Metallurgical Works....„ „ 







































R38 








R7 
812 


R8 


R38 
818 
R40 
820 
R9 








z::: 


■sio 


■■■■si 


R4 

88 


"si 


■■"si 


"siii 












812 





817 


81 


S14 S4! 


84 


— 


89 


K22 


84 


K***-^!" TrRHi* , „ ,, , 




R41 






Oil Drillincr 




813 
















R8 


"r8 
























B4 


Painting 






















































Rl 


~. 


82 






R43 












R3S 








R12 




R4 






Rl 


.._.... 


R26 
















R9 








































821 
R36 












R4 

R4 












Plat€ 4 Sheet Metal „ 






















R8 






R12 
R12 








HI 




R26| 


Potteries „ 








819 










R16 






R4 









i 




Rl 
Rl 
Rl 
Rl 


Rl 

"rT 


"82 
82 


R8 
R23 
820 
R23 


■•-•■• 


R40 
R&4 
810 
R44 


R9 
-R9 




R8 
814 
R17 
810 
R18 


R3 

R3 


"^4 


R45 
S22 
R46 
R47 


1 




R7 

R7 

RlO 

Rll 


— 


^R? 






84 


87 

87 

87 


R9... 










R4 
R4 






R26 S3 




:::z 





'"si 


"si 


"Ri 


R26 




RIO 


R9 


R26' 


PrPMure Piping 


1 




Rl 


811 


H57 




P4fi 










R8 


R49 

Rfi1 








R12 
811 
R12 


— 


R4 


"' 








R26i 






812 
S12 
R25 
R26 




S16 


P« 








87 
R4 


81 


z;;; 


Rl 





R25 






~"Ri 




„-.. 


R18 
A2 
A4 


z;;: 


■'R8 

88 


R36 






















Safety Organization.. .. „ „. 




82 















R12 




Al 







813 








Salt Refining 


■■■■S7 
87 


si's 


87 


821 
812 





R54 

816 
S17 












823 
R56 


SI 


■■si 





■siij 


■■■"si 

SI 


R4 
89 
R4 


■"■si 


81 


89 
Rl 




R28 
R7 






R9 


S3 
81 


Sll 
RIO 


813 
814 


Rll 


810 
87 



























Silicosis _ _ „.„ 












R16 




























87 












iw - 


Smelting Ore 


1 


816 
































810 




















R15 




P'ifl 


R7 
R9 





"812 


"si's 


R8 
RS 


R57 
R19 
Rll 




E 


EE 


R12 
R13 
R12 
Rl? 












811 
"■■84 


K29 
R30 




Stairways „ _ 

Steam Shovela „. 


Rl 


Rl 


82 






R51 


__... 


R4 
Rl 
RS 








H6 










— 




L._.. 










R27 




R21 
R62 










R8 
RS 


R36 
RS8 
R61 
R59 

826 








Rl? 














R26_ 


Textiles 






R? 
















Rl? 
















Tunnel*. _.... 




811 


■■'82 
82 


822 
812 
S23 


..._... 


S18 







1 












"Rii 

813 


""'si 


88 

■sii 










R31 

R26.. 

R18' _ 


Vat« 

VentilatioD - 


810 


817 


KM 

819 


■R9 





813 


89 
816 


■"'S4 


Ul 
81 







"si 


81 


814 


'■■■S7 


Walkaway Surfacea. „ . „ 


Rl 




















R53 
R63 
R36 

826 








R12 
PI? 




R4 






Rl 
Rl 
Rl 


R32i___. 


Window Cleaning _ 

Woodworking Planta... _ _ 


Rl 

811 Rl 


" QO 


■R28 

R?4 





R19 


■■R8 

86 


■"S6 




















R26 

R26 

S3 




R22 
S15 


R4 
S17 


R8 

S8 






'"si 


R14 
814 


""ai 


R4 

813 








812: SI8 S8 


82 820 


82 


— 


81 


82 


81S| 812 


86 

























97U 



-6- 

Tlie vido diff eroncer, in Ptr.to l:^'?s ar" re.'^.i''.r.tior s lea^ to unde- 
sir;..bl.e consecuence? in ':,'ae p'-fet' move ler/;. Ii: tLa firct place tlie"" 
tenc to discredit the riovemert becnuse persons ooint to the variation 
of standarc-S as f.n indicatior, that 'Thr t ■: re de;^irr'bl3 s^fet;- iirfictices 
is rot known, anc thi.t coiieoc aeiitl"- the rtaiida-'c s caiinot ba scientifi- 
cally ept"blished. In tii9 second nl£'Ce, discu'ssioii is appreciabl7 
liamperec: h-^ the vri'iation in t'n-minolog^'- mo merninj amon/; the various 
laws. Much -lis indorsi.rndin,; develoDS at conferences bv re-^r.on of tJie?e 
variations. Basic uniformit]'' \hiich- is needed for coinpetive reasons, 
is pr;:cticrble since the ha^rrdf c""e the same in a .•7;iven industr;'- irr- 
esoective of st^^te locrtion. 

Stste Stifet"'- ano he-^lth codes c-rc ii. rnoct cases in..deauate and 
ambig^ious and var'^'- pinon^ themrelvos. The need for -anif ormit-/ of r.afet^r 
codes \;es exoresred b- the p:"e.';idert of one of oj.r largest concerns, 
\7ho stftec. thrt: 

"Indu'.tr^S both in re;,'.-rd to i^-: ..lan'of ."cturin,;r and 
merchandising- jroolems, has a hu-re stake in ■oj'iiforra 
inou;5trial r; fet' codes. . . . C-ood liisiness demands 
competeiit stsjicar-^'s for ^.or .e "s in f;..ctories £;nd 
mills. Thece rtandrrcs should ti-ar'^cenu '^tate boun- 
d-^ries. Unlfoi'm ■. rf otv re^uiremonts in sll stshes 
e'-.d confusion in tne cesi'jn o." oroducts" (*). 

A recent sar'/ey of the eritent of acoc^jtancc b;- tkie several states 
If s: fet/ codes rraftec o~^ the Americnn Strndarc's Association sho'-.'s 
that 12 of the 4G stct.s •.-urve^'ed Iiad no sj;""et7 lav.'s, and v/ith the pos- 
sible exce'otion of lev; York and T/isconein, no state hr s a sufficient 
number of ssfet;-- codes or rn rdecu^.te ins-'-'ection force (**). 

So state hfs an-^'thin;" a;)'oroachin - sa':isiactorp rer^aletions in the 
ma,tter of industrial deserse ha-^ards. 0" 15 states v/hich provide cO'Ti- 
pensation for one or more industrial disorres throufrh their v.'or.'rmen's 
com'oensation Ir^/s, only 7 ;orovide for cc.rnensation of rll occuioational 
ddsee.ses (***) . 

TThile or~jnized labor hps been persistent in its fi.;;lit for adeou— 
ate corapenr;ation lav.'s, its safety '^ork in general ar-s been limited to 
efforts to secare reasonably-"- safe and healtliful conditions in the vork 
places. In certain p^reements specific protective devices or clothing 
are prescribed, special accom_r,odc.tions for rest are reouired, and the 
use of certain tools and machines is "orohibited. Other p^r^reements, 
however, merely reouire compliance vith the state and municipal laws 
for health and safety. These agreements, on the v.Mole, do tend to com- 
pel em-Qlo'^ors to remov e some of t':e more ser ious hazgr r -ds to safet-'- and 
* "Americar St,-nca:^cization"^_()"'ctober^ 1G35) - V. VI. n.SS?'-" 

remark by Howrrd Coonle:^, -t'resicent of tne Tal^'-orth ^om-oany. 
** ibid, p. ;-:6o 

Tjie states pz-ovid.in,.: "or'^raen's conoensf tion for all diserse 
. fre: California; "forth Da':ote; : issouri; Tisconsin; ^"ew "fork; 
I ;as sachuset t s; Connecti cut . 
7ov specific diseases: Nebraska; Illinois; Ohio; Kentuclr^; 
".'est Virginia; horth C'^rolina; hew <j'e-"se"'; )iinnesota. 

9711 



^^* 



-9- 

herlth of ^iiich tlie v:or':;er is fvra.re, but ar, the tenr. to focus on indi- 
vid\Lg.l abuses, t le"' ' canr.ct be considereo. as. cornii'shensive guides. They 
are usuall7 locpl arran.^ements and are not uniform for all labor agree- 
ments thro'jghotit the coiiuitrv ajid ere enforced v/ith ■'omeven effectiveness 
even among the concerns vhich are unionized (*). 

K.R.A. vias essentia.11;/ a recovery' movement but it also recognized 
the varae of building a secure b.^ se for 'the projected period of pros- 
perity. Safety activities in the United States had made tremendous 
strides but were uneven nith respect to geographical areas and to 
different st'^ata of industry''. Reemployment of large numbers of new 
workers made a.ttention to the safety problem imperative in the eyes of 
the Adi-nihistration.. , Ind.ustr;,.' itself luider a plan of self government 
T7as responsible for reaching out to all its members, large rnd small, 
and educating them in the necessity and eEonomic soundness of a program 
of safety and nealth. Reduction of loss cue to the dissipation of 
hiaman and material resources through accident and disease vould mean 
a soundeir base on \7hich to sustain recover;''. 

V. H.R.A. POLICY 

To secure concrete expression of these views in the codes and in 
the li.R.A., the Labor,, Advisor^- Board staff early in Septpraber, "' 19.33, 
began active promotion of the inclusion in the various codes of specific 
provisions for pirotection of tne safety o.nd health of workers. The 
Labor Advisory Soard model code of September 18, 1933, developed by the 
staff for its own use, contained the follovring provision: 

"jSven'- employer shall -orovide for the -./elfare and safety 
of his wor'rmer. Ke shall comply with all national, 
state and locfl ordinances and provisions of safety 
8,nd health and orotect his employees b-- workmen's 
compensation insurajice according to the sums reouired 
in the state of jurisdiction or the United St.-'tes 
Employees' Compensation Insurance. A safety and health 
manual is to be submitted bv the Code Authority for 
approval before January 1, 1934. " 

However, the "suggested outline" for codes (October 1, 1933), 
drafted by iT.R.A. (**) did not contain ejiv specific reference to this 
subject despite tie campaign in its beh.alf carried on by the Labor 
Advisor'- Board staff representatives on the committee which drafted the 
"outline", though without positive support from the Administration. 
This discrepancy between policy and actual practixze a"opeared because 
the lesser officials who drafted these codes were not adeciuately inform- 
ed on the rfial policies of the Administration. 



* Ufiit.ed States Department of Labor, Bureau of Labor Statistics, 
Monthly Labor Review , V. 3S pp. 545-9 (1935, March) 
"Protection to Life and Health of Union i"embers Provided for 
in Collective Agreements." 

** " Suj^gested Outline for Codes "- Draft of October 1, 1933. 
(iiimeogr£i,phed Requisition i'^o. 1265) 



9711 



-10- 

No effort rras ms'de to formulate them for er.sY and ready use or to enfe 
orce them on delincuent officials. 

Despite lack of an explicit statement of II.R.A. policy, the move- 
ment in favor of definitive provision for tl\e protection of safety and 
health in industr-;- t;;; s consideroolv advanced by inclusion in tiie code 
of indiiridual industries of a"opropri?te provisions on this subject. 
These individual industries vere generally either familiar with the 
safety ;:iovement or confronted with some special health problems. The 
needle trades industries, v^hich sviffered from s'.vertshop conditions, w 
r<ere most active in this res-oect. The Corset and Brassiere Code, app- 
roved on August 14, 1935, reouired the maintenajice of "a clean sanita,r7 
fpctory" and -prescribed the "stajidaros sef in thet part of thefb.ctory 
low of the State of Kev.' York which is applicable to Tjlants in this 
industr3r" as the minimum standrrds for the industr-'-.' To assure com- 
;iance, the Code further reouired that each "purchase order" shall read 
"triat the material covered by this order must be manufactured in a clean 
and sanitary factor'-" (*). 

The Men's Clothing Industry Code, approved August 25, 1933, prescribed 
that "safe, healthful and otherwise si'tisfactor'/ working conditions 
shall be provided for all employees, \jhich conditions shall, as a 
minirau"!, comply \7ith the highest strndprds res-oecting sanitatio'n, cle'an- 
liness, and safety specified in the factorv laws of anv State in which 
the manujfacturer operates" (**). Similarlv, the Rock Crusner Industry- 
declared it as its policy tha.t each employer "af<;;ree to the maintenance 
of working conditions v;hich will insure the health, safety and happi- 
ness of labor". (***). Many of i:he other codes during the early period 
had provisions declaring that the codes did not modify in any wa^'' the 
obligation to compl^-- wita the various State laws on safety and health. 

jfhis stand by individual industries and the aggressive position 
of the staff of the Labor Advisory Board within the IJ.R.A. secured the 
adoption of the principle in codes. An 7.R.A. committee ore^^anized to 
review existing model codes included in its first draft of a model code, 
on October 20, 1933, and also in its later drafts, the following clause 
for inclusion in all codes': 

"Evei7/ employer shall provide for the safet'''- and health 
of liis emplovees at the place and durin;^; the hours of 
their emplo-jment. StaJidrrds for safety and hea,lth 
shall be submitted by the Code Aathorit-"- to the Admini- 
strator within si:; months rfter the effective date of 
code" (****). 



rational "lecovers'- Administration, Codes of Fair Competition 
V. I, p. 72. 

** ibid, V. I, p. 223 

*** ibid, V. II, p. 235 

**** "Suggested Standard Provisions for Codes" Draft of October 

20, 1933. (Mimeographed Requisition 1974); "Suggested Out- 
line for Codus Including Some S^uggested General Provisions" - 
Draft of October 25, 1933. (i.iimeographed Requisition 2420 
and revision: Himeogrspned Requisition 2470). 



9711 



-11-^ 

The "Sugtj-ested Oatline for ,oces" approved t)''' General Johnson on Nov- 
ember 5, 1933, and Irte- recalled, provides for a similar clause ex- 
cept that the second sentence of, the above clause is modified to pro- 
vide that the submission of standards for safety and health vas not 
nocessar'/', but could be called for if the industries so desired (*). 

The. acceptance of the principle in the suggested "model codes" 
led to insertion of s. orovision of this nature in inany codss sut)seq.uent]j' approved. 
The Paper Board Industry Code contained the first standardized provision 
or this subject (**). Jollov/in^ close upon it v.'ere the following codes 
in which the clauses- varied slightly in iTording: Crushed Stone, Sand, 
Gravel and Slag (#109), Foveraber 10, 1933; All l.:etal Insect Screen 
(#112), November 'l4, 1933; Limestone (#113; .November 1'4, 1933; 
Uews-orint and Paper and Pulp (#119 jind #130) , November 17, 1933. 3y 
the end of the :/ear, 1933, tv;enty-five additional codes contained either 
one or both sentences in the model codes (***). 

VI. TH3 .GOMIvIiTTEE OIT SAP3TY *A1!D HSALTH: CRGAiJIZATIOII ALuD TliOQTJiM 

This principle gradually gained rider acceptance. Man.y industries 
without other prom.pting than the suggestion of the code labor advisor, 
agreed to include the desired clcauses in their codes. As the number of 
codes with the standard safe.tj'- aiid health provision increased, the ques- 
tion arose how best to ^cooperate with industry,'' in complying with the 
immediate requirement of the provision, nam.el3^, the adoption of a set 
of standards for safety and health. The personnel within the K.R.A. 
appeared to be too raiicn preoccupied with current negotiations to plan 
a proper approach or. to furnish the necessar;^ materials for guidance. 
Moreover the -perma.nent code authorities generally included persons who 
had not participated in the-' original code negotiations and v/ho v,'ere only 
vaguely familiar with their duties in regard to safety and health. 

To ascettain wnether assistance could' bo obtained in this task 
from other goverraiental agencies, a letter was addressed to .-aach of 
these agencies b'/- a staff iiember of the Lo,bor Advisory Eoa.rd. 



* "Suggested' Outline for Codes" - signed 'bj Hugh S. Johnson, 
Adjninistrator for Industrial r.ecoverjr, November 6,- 1933 
(liimeogra-phed Requisition 2592); the' Draft of April 3, 1933.- 
"Sug';-ested Outline for Use in Code Drafting". (lliraeographed 
Reauisition 4335). Contained the clause in Office Order 71. 

** Code No. 100, approved November 8, 1953. 

*** These Codes are: Farm Sauipment L'fg. (#39) ;' Electric Storage 
Battery (40); Boot c"; Slice (44); Notor Velxicle Retail (45); 
Optical Lfg. (49); Automatic Sprinhler (50);' Gap tS: Closure (58) 
Motor Bus (o5); Fertilizer (S7); Road iiachinei-y (68); Paint 
Varnish and Laicqiier Mfg. (Vl) ; Kair & Jute Pelt (73); Copper 
& Brass Hill Products T^l) ; Soap & C-lj^cerine (83);- Petroieron 
Equipment (85); . Toy & Pla-^.^things (8G); Business P^jirniture (88); 
Office Equipment (89);' Funeral Supply (90) ; Piano I'/i'g. (9l); 
"(Tashing & Ironing Machine Mfg. (93); Reinforcement Materials 
Fabricating (127); Cement (128); Pipe Nipple Mfg. (I3l); 
Malleable Iron (l32) . 



9711 



--12- 

The cordial reception accorded these inqiiiries resulted in a letter to 
the Secretary of Lal^or, i.iiss ?ra,nce3 Perkins, requesting her direct aid 
in the development of the necessary advisory organization, and after 
considerable negotiation it was arranged that a co"imittee should "oe 
ap"Dointed hy her to Tnoet in Washington to discuss the problem of the 
drafting of standards and the develoriment of safety a,nd health activi- 
ties among nernbers of industry. 

The first meeting o:^ this committee was held on Februa,ry 19, 1934, 
There '^ere re-oresented vnrious governmental units interested in the 
safety of workers as well as the ITational Safety Council, the American 
Standards Assocla.tion, the American Federation of Labor and the Labor 
Advisory Board, of K.R.A. (*)» But it was felt that a. wider representa- 
tion v;as necessary. At the second meeting, February 28, 1934, the 
Committee included representatives of the various advisory boards of 
N.R.A. and its administrative sections, as well as of the United States 
Chamber of Commerce, and the National Bureau of Casualty and Insurance 
Underwriters (**). The Committee continued to include the interested 
governmental departments and divisions of IT.R.A. ; the safety organiza-. 
tions and representatives of organized business and labor (***), 



Present at Meeting of February 19, 1934: 
(*) Ainsworth, C;''ril - Am'-rrican Standards Association 

Barkin, Solomon - Labor Advisory Bo'-rd, U.S.A. 

Harrington, Daniel - U.S. Bureau of Mines 

Keogh, George P. - lie'-: York State Deijartment of Labor 
• Kjaer, Swen - 'J, S. Department of Labor 

Lloyd, Mortimer G. - U. S. Bureau of Standards 

Lubin, Isador - U.S. De'oa.rtment of Labor 

Reticker, Miss Ruth - (For ^/illiam Green) American Federican of Labor 

Sayer;:, Royd R. - U. S. Public Health Service 

Sharkey, Charles F. - U.S. Deoartment of Labor 

Miss Buffman - (For Sidney J. Williams) Katio'ial Safety Council 

Wilcox, Sidney J. - U.S. Bureau of Labor Statistics 
(**)Present at Meeting of February 28, 1934; 

Barkin, Solomon - Labor Advisory Board, F.R.A. 

Brady, Robert A. - Consumers' Advisory Beard, II. R. A. 

Calvin, ',/.A. - America.n Federation of Labor 

Harrington, Daniel - U.S. Bureau of Mines 

Hedges, M. H. - American Federation of Labor 

Kfeogh, George P. - ITew York State Department of Labor 

Kjaer, Swen - U.S. Bureau of Labor Strtistlcs 

Lloyd, Morton G. - U.S. Bureau of Standards 

Morrison, Frank - American Federation of Labor 

Sayers,,Royd R. - U.S. Public Health Service 

Tangeman, W. W. - Industrial Advisor:-- Board, IT.R.A. 

Whitney', Albert W. National Bureau of Casualty and Surety Underwriters 

Williams, Sidney J, - National Safety Council 
(***) Personnel of the Committee: 

Ainsworth, C^-^ril - American Standards Association 

Barkin, Solomon - Labor Advisory Board, N.R.A. (Committee Chairman, 1934) 

Brady, Robert A, - Consumers' Advisory Board, I'.R.A. 

Burton, Carroll - Industrial Advisory Board, N.R.A. 

Calvin, ',;.A.-Metal Trades Department, American Federation of Labor 
, Gunnarson, A,3. - United States Chamber of Commerce 

Harrington, Daniel - Bureau of Mines, U.S. Deisartment of Interior 
^'^11 (Footnote continued on next page) 



-13- 

During its oiscassions the Conmittee came to the conclusion that 
F.R.A -orepented one of the most cor.sti-uctivi opportunities in the his- 
tor;' of srfe promotion in the United. States. It believed hov/ever, that 
the N.E.A. "orogi^fjn up to thr.t time wjis too loosel"/ formulated to assure 
the best results. Code Authorities approached the problem of safety and 
health, where the;;;- considered it et all, in the most -oerfunctor^- manner 
and therefore, a more concrete program ws :)elieved to be necessary. 
The committee's o\m function it believed to be that of securing the 
acceotance by ind-ustr,^ of the princi-ole of safety a.nd health protection, 
urging, the development of a r)roioer program for its attainment and assist- 
ing individual industry' committees in the development of minimum stand- 
ards. To -orovide a proper fraraev/ork for the development of a safety 
and health program within each industr^^, it drafted a letter to Gener- 
al Johnson, Trhich \ia.s transmitted to the secretpry of Labor on Febru- 
ary,''. 28, 1934 (Appendix "A") • This letter is significant in that it 
developed the philosophy which guided this committee in its cooperation 
T/ith II. E. A., and was, accepted by the Administration and provided a point 
of reference for all later discussions o ^" safety and health within N.R.A. 

In this letter the committee stressed the value and the construc- 
tive character of a safety and health prograjn. But it rjointed out that 
the F.H.A. occupied a ■oarticular strategic position in the 'safety move- 
ment of the time both because it had "a remarkable opportunity for 
carr'/ing this program (of industrial safety) to a practical conclusion," 
and also because it dealt with organized industries and the promotion 
of safety and lieaJ.th had alv/ays been considered one of tho -opcr functions 
o.f trade associations. 



'(Cont) Hedges, LI. H. - International Brotherhood of Electrical 

Tfor'-ers 
Eeogh, George P. - Few York State Department of Labor 
KJaer, S'''en - B^ireau of Labor Statistics, U. S. Dept. 
Llo^-d, Llorton G. - Fatioj-iS.! Bureau of Standards, U. S. 

Department of ommerce 
Lubin, Isador - U. S. Depprtnent ef Labor 
McGrad'/, Edward F. - American Federation of Labor 
Morrison, Frank - Araerican Federation of Labor 
Sa7-'ers, ■'^oyd - Bureau of Public Health Service, U. S. 

Department of Treasury'- 
Sharkey, Charles F. - Bureau of Labor Statistics, 
'' Legpl Div. , U.S. Dept. Labor 

SM.ith, , ElactoToll- - Legal Division, N.E.A. 
Strieker, Paui F. - Division of Labor Standards, U. S. 

Department of Labor (Committee Se- 
cretrn/ - 1935) 
Wliitnejr, Albert TJ. - national Bureau of Casurilty and 

Surety Undenvriters 
-'National Safety Council 
Zimmer, Vorne A. - Division of Labor Standards, U. S. 

Department of Labor (Committee Chair- 
man, - 1935) 



9711 



-1.4- 

The Committee recommended that ever^^ code should contain the stan- 
dard clause regarding safoty and health. 3at more particulnrly, it out- 
lined the program for "bringing ahout practicrl resiiltr r.'ithin the plants. 
It recognized that miniiriTtti standrrcs for spfety and health vrere necessary 
as a minimum guide to /good orrctice, but it also reco;ri7,ed that accident 
prevention means more than mere safe ^ii^j^sical surrouadings. It therefore 
recommended that each industry- -organii^e a committee on safet]'- and health, 
to carrj'- the full messrge to the mcmbersliip and supervise its safety 
and health vvork. In this con.iection it nad as models the paper aiid pulp, 
iron and steel and portland cement indv.striec, in which the active pro- 
motion of safety and health by industry committees before the H.R.A. 
period had x)roduced impressive resvl.-jT.^ Tnose industry committees were 
to study the number and causes of a.ccideixt and health hazards "and pre- 
pare" a com-orehersive program for assuriiig safe and healthful conditions 
in particvilar industr^^. It v,as urged that these committees prepare sta- 
tements on their accident ezrperience, a plan for organized safetv work 
and a discussion of the benefits bo individual eraplo;"'ers, individual 
employees and tiie industry as a Trnole of a continuous organized move- 
ment for safety. The committee conceived the program as centering in 
the industry, as emanating from the activities of the Code jiuthority, 
and as being impelled by a desire for so.fetv and health v/ithin the in- 
dustry. 

Furthermore, the comm.ittee believed it desirable immediately to 
adopt a set of suggested standards to guide those industries which had 
set themselves to v;orking out detaileq, standards for themselves. The 
minimum standards for manufacturing industries \7ere considered at three 
successive meetings of the Committee anci u^re finally adopted on March 
13, 1934 (*). In addition, the committee pre-prred for the use of the 
code committees a statement on the "Plan for Safety Organization," 
(Appendi.r "3"), and a "suggested, form lettpr to industry members from 
Code Authorities" (ApT-iendi;: "C"). It also anointed, sub-committees 
which drafted sets of minimLim r-tRnda.rd.s for mercantile (**), motor 
transportation and qua.rr'fing indu/.'.fcries. Other basic safetj'' and 
health codes were in process of comoletion when tne r.R.A. codes lap- 
sed. The committee believed that t.he s"u.ggestions would be a suff- 
icient guide for the industr^'- co.mmittees which could, be adapted to 
meet special needs and yet would be conducive to lonlformity of results, 
whichwas imperative in viev/ of the fact that 15 per, cent of the employ- 
ees in man^of acturing industries v/ere employed in -establi sliments sub-r 
ject to two or more codes. 

VII. CRYSTALIZATION OF N.R.A. POLICY 

The work of the committee immediately bore fruit, . :• 

* United States Deprrtmexit of Labor, Bureau' of Labor Statistics^ 

Monthly Laoor.Reviev; V. 38, pp* .1039-1093 '(May, 1934). ■.:•■;;; i': 
"Minimum Standards for the Safety; and :Iealth of ITorkers in 
Manufacturing Industries" apt)roved bj Committee on Standards 
for Safety and Health for 1.11. A. Codes, approved by the ■ :.-^ .UiXi 
Secret- ry of Labor, Serial IJo. H 117. 

** ibid, v.. 30, pp. 1392-4 (Decemb.er, 1934), . "Ianim\im Safety and 

Health Standards for Mercantile Sstablishmehts". ,' ': 

9711 



Tl;ie progrpjn of the Committee was ado-oted b-'- iT.H.A. in toto . On March 
14, 1934, Alvin Brovm is'^ued a sts^tement for G-er.eral Joiinson governing 
all codes (*) . 

The immediate effect of this Office Order v;as that almost all codes 
a'oproved soon after iferch 14, included the -nodel code provision. 



* . Og?I C:j Ql I^Z l fO. 71 

Ifeirch 14, 19;.54. , 

■ . STAIJSAZDS OF HEAT.TH AlID SA?3TY . 

In exercise of the Prenider.t's vonei- ia;:der the ITe.tional 
Industrial Act to i^rescribe conditions of eiaployrnent, the following 
provisions will hereafter be included in every code vfhich has not, 
a,t this drt, been foriaslT?/ subrutted Oy th^ industr:/: 

. "Every employer shall orovide for the rafetv and health of 
employees durinfr the hourr; a:'.d c.t the places of their employ- 
ment. 

"Stand"ros for safety and het.lth shall be submitted by the 
code a.uthorit'' to the Administrator \/lthin six months after 
the effective date of the code." 

These provisions, including similar ones uo'? embodied in most 
codes, v/ill be ,2;i'^''3ri execution in the follo^dng manner: 

1. Each code authorit]?- vill create a com^.Tittee on safety and 
health v/hich V7ill stud]/- the niimber and causes of accidents 
and health ha?;a.rds in the industr;'- and report a compre- 
hensive pfograjn..:'- •_ 

2. In these programs developed by the committees on safety 
a^d health consideration 'iTill be given to the follo\/ing: 

(a) A statement of the average accident experience 
in the ix^dustry; a compa.rison of the experience 
of employers most sij.ccessful in reducing acci- 
dents; and a plan for unifoi-m accident re-qort- 
ing in the ind^istn'-. 

(b) Preparation of a st^.temont s-.oving the possible 
benefits to individual emplovers, individual em- 
ployees, and the industry'' as a 'wxiole, throiigh contin- 
uous organized safety efforts. 

(c) A recommended plan for organized ssfet" work for 
various types and sizes of comoanies. 

(d) 1/iinimum standards for safety and healtii for the 
industry. 

3y direction of the Administrator: 

Alvin Broun 

9711 



-ib- 

F\irtliermore, reiteration of the support of this provision is to be found 
in the Basic Code for smaller industries issued July 11, 1934 (*), which 
required an aceau£i,to ;orovision for sa-fety r-nd health. 

yith the adoption of this policy, efforts vere made to have all app- 
roved codes vfithout an appropriate clause amended to include a provision 
governing safety and. health. The Labor Advisor^' Board addressed the Ad^ 
visory Co-'oncil urging it to recommeni:! so amending all codes by an Exe- 
cutive Order. The Council, after reviewing the matter, declared that 
"there seems to be little or, no resistance of the part of industry/ to 
inclusion of safety and health provisions in codes." It recorarnended 
that, in view of its conclusion that "Executive Orders as a means of 
v/riting new provisions into ooth new and old codes should be used spar- 
ingly," the Administration should instead officially sponsor the movement 
to amend all codes .to include such a clause. It s^iggested that the Ad- 
ministrator's Office instruct each Deput'"- Adniinistra.tor "to ask each 
code authority acJjnini storing a code which does not have a safety and 
health clause to pre^-ent the cla-use". *In order to facilitate the acc- 
eptance of this aiTiendraent it urged that each deput""- be permitted to ass- 
ure code authorities that other amendments need not be considered in 
connection with this one. 

The National Industrial ?;ecovery Board approved the recommendation 
of the Advisaiy Council (*), and to give effect to this decision, the 
Administrative Officer advised all divisions "to ibake up the feasibility 
of inserting sucn a clause in codes vrtiich do not already have it" (*), 
hut he suggested that "it is not necessar;'- to pusn it where strong re- 
sistance develops." 



Ad ministrative Order X-61 - 13 Codes of Fair Com-Detition, - 
734-7 o8. 

National Recover-/ Administration, Advisory Council Decisions , 
V. II,: pp. 111-112, Decision No. 107, November 15, 1934. 

L. C, Marsxiall's letter, November 20, 1934 (N.R.A. Files). 

Letter of VJ.A. Harriman to "All Divisions", December 3, 1934. 
(N.R.A. ■^''iles, Safet-^ and -health . 



9711 



-17- 

The result of tliis a.cbion, v^liich v/r s nii^ported "bv r. renened drive on the 
part of the staff of tne La.oor Advisor/ i3op,rrl, mps tuft thirty codes, 
in addition to thorse mentioned c.bove, -'ere rmencied to include some pro- 
vision relative to scfet'^ ar.d heai.tii ( *) . 'The uncertainty of t.ie futuT-e 
sto.tus of Iv.H. . coneiderr.bl",'- diminished the success of this move to 
amend codes, . 

Althou£;h the Industrial Advisor;/ Board of h'.n.A. had participated 
fully in early activities on spfetj?- rnd health, in ?e"brurry, 1935, it 
raised several significant oue^-tions of policy. In. fact, it prevented 
the approval by tae Administration of man?^ amunditients pro used by ind- 
ustr;."- because of its oooosition to some features of the prevailing pol- 
icy. 

To appreciate the urcjc^round for th.e issue raised by the Industrial 
Advisor" Boarci it is h'^cessarj'- to refer to the Administrative Oi-der IvFo. 
X-51 issued b;/ G-eneral Hu;h S. Jolmson on Safetv and Health Stajic'ards. 
In order to assure .on unequivocal position for the<^e standards in re- 
lation to code enforcement, t/'e Ord-rr read that "whenever, in accordance 
with the provisions of a, code of fair competition, a. code authority submits 
to the Administrator standards for safet'"- and health and such standards 
are approved b^ the AdTTinistTt-tor, tha sta,nd;'rds thus apisroved shall there- 
after be Dart of such coco and shall be enforceable as such"'« **). 



Sci-fety and health Provis ions .Amen dmen_ts 
(lame of Indus cr"';- - Cod.e ihunoer - Araendment Ihvfoer) 
Coat enc Suit (-5) - 1 
Legitimate Theater (o) - 1 
Cast Iron Soil Pii^e (ir;) - 3 
"Tall Paper (IS) - 1 

Artificial mover and v'eather (29) - 1 
Builo.ers' S^-'pI"^ (3V) - 2 
"Umbrella '3510—22 
Advertising Specialties (:35) - 1 
Packaging Kacldnery (72) - 2 
Hair and Jute Felt (73) - 1 
Leather and '.Toolen Knit ^love (>i7) - 2 
Pire Sritinji-ui Filing Aopliance (JB) - 2 
Wood Plug (115) - 2 ■ ' 
'llo-p Stick (116) - 2 

Upholstery and JiraTjor-;'- Te::tile (125) - 1 
China"are and Porcelain (12S) - 5. 
Cement (l2S) - 1 
Concrete jiasonry (133) - 2 
Domestic Preight Porvarding ■(•1>32) - 1 
Grinding T-Tieel (l70) - 2 " . 
Retail Pood and Grocery (l32) - 3 
"iVholesale Good a~nd Grocer^^ (196) - 3 
IvhisicaJ, Lierchandise i.Ianufa.cturing (209) - 1 
Pipe Or:;an (210) - 1 
Smoking Pipe (225) - 1 

Roofing and Sheet LiCtal Contracting (244-H) - 1 
Coffee (265) - 3 
'""r-ecking and Salvage (318) - 1 
Ladies Handbag (332) - 3 

Wooden Insulrtor ?in and Bracket (33o) - 2 
(Continued on next Page) 
2211. 



- IS - 

Many of the code provisionc- adopted by industries after June, 1934, 
specifically provided for sucli approval of standards "oy the Adminis- 
trator, but most of the ep.rly codes merely required the submission 
and acknov/ledgment of their standards by the Administrator. In actual 
fact, the difference ixisofar as approval was concerned vjas essen- 
tially a legal distinction rather than an actual one, sii.-c acl^nowl- 
edged sets of standards were also reviewed by II. R. A., and such ac- 
knowledgment A'/as only, ;":,iven after the standards had met the customary 
tests. The standards did possess a different status v/ith respect to 
enforcement, hov/ever, under the Administrative Order, since whereas 
previously they v/ere merely guides to industry members the order made 
them the lav/ of the industry, equally a,s enforceable as other -orovi- 
sions of the code. The N.I.?.. 3., on November 20, 1934, recommended 
adoption of the following additional code provision: "After approval 
such standards shall become the minimum standards of safety and health 
of all members of the industry and shall thereafter be a part of this 
code and enforceable as such" (*). 

Eie purpose of this addition to previously recomjiiended clauses 
on safety and health was to establish definitely the standards ap- 
proved by the Administration as the minimum protection to be afforded 
by employers. Without this clause any litigation respecting specific 
practices vrould be encumbered by the need of establishing in court 
that the particular practice was unsafe; whereas the approval of such 
a list of stanc.ards by an administrative body, it was thought, would 
constitute a finding v/hich might be accepted by the court. At any 
rate the affirmation of the enforceability of these standards would 
facilitate the efforts of the code authorities toward educating their 
industries to comply with the standards. 

Objection had previously been raised by the National Safety 
Council to making conformance by industry members v/ith the standards 
compulsory, since "persuasion is the big idea in protecting v/orkers 
and others - the employer must be persuaded and the employee persuaded 
and the general public persuaded", (**) 



(** Continued) M^^^Alt^^ti^e .O^A?.^ Ji~51, (June 15, 1934) re: 

"Safety and Health Standards", signed by Hugh S. Johnson, Ad- 
ministrator, quoted above, 

(*) Letter from L. C. Marshall, Executive Secretary, National 
Industrial Recovery Board to W, A. Harriman, Administrative 
Officer, November 20, 1934. (NRA Files, Safetv and Health). 

(**) Letter from W. H. Cameron, Managing Director, National Safety 
Council to the Chairman of the Committee on Standards for 
Safety and Health for NBA Codes - December 24, 1934. (NRA Files, 
Safety and Health.) 



9711 



—19— 

In contrast to this a.ttitude, the Coramittee had maintained that legisla- 
tion as well as persupsion is nec'jssr.ry. 

"T7e have never loiicei-estimatecl the inportarice of -oers-aasion. 
Rather, re kr"ive uelicved it to be dcuDly effective vaien 
implemented by le.vislcition. " ( *) . 

Si-ich V,';- r. t>ie sit'O-ation v/nen the In'^'ustx'ial Auvisor:/ Borrd advanced 
the contention that the standards, even v.'hen arroroved b--' tne Administra- 
tion, should not be raj^de enforceable as a direct code provision, but 
should rr.ther be considered "primaril" (as) edn.cp.tional and hence exempt 
from the criminal penalties provided in the Act or from an:,'- lenalties 
other than those incident to Blue Sa^le com;oliance T3rocec''ure" (**). 
Again, the Depa^rtment of Laoor' s Committee appeared, throUf^h its repre- 
sentative;-., before tno Ac^'vi r.or;' Council and advocjited thrt "educatior s 
should be used" pnd that "-nrosecution should be resorted to only \vheii 
reasonable efforts to ■nersua.c'e an employer to com-ily vith the standards 
have failed" (***). j]he Corar^ittee' s :-'eo""esenta.ti-'-es ur^^ed that the jud- 
icious handling of penalties and a. veil defined •oolic'- governing the use 
of the criminal provirions of the Act f;nd tae jonitive cooperation of 
code authoritie<:' vjould constit'..-te a s-officient s^..ie i-p,\a.rd 3.rair";t un- 
reasons.ble applications of the provision. Tuey rerjeated that tne 
ac^:no"."'ledgment of the cora-^ulson' nrture of tiiCse "orovi sion--^ \7ould 
greatly air" ediicational efforts, since it x:rz necees"ry to use the 
ps''-chological leverage of conp Ision, without necessaril}'' v/ielding it, 
"in order to secure the p- rtici-xtion of the Ij'^grrd groTips in the ind- 
ustry ( ****) . 



( *) Letter from t.ie Chairman of the Committee on Stand-rds for 

Safet'- and Health for j'.R.A. Codes to " . II. Cameron, hpna-ing 
Director, I'ational S.-ifef'- Coiancil - Jainiary 5, 1935. (T.H.A. 
Piles, Spfet" and Health.) 

(**) Report of Subcom,iit tee of the Advisor^'- Go^uicil, Febru.rry 28, 

1935. (r.H.A. x'iles - Safety and Her.lth) . 

(***) Letter from ^i. J. •"■Itrne-er, Assistant Secret Tr of Laoor, to 

E. 3. G-eorge, Executive Secret; i'^', Acvisor3' Council, Morch 
9, 1935. (r.H.A. EiTes - Sf.fety a;Td health. 

(****) Draft of a Re'ocrt of Advisor-,^ Co^incil, April 16, l'~!;-5. 

'£. R. A. Files - ^rfet^^ and Healtli. 



9711 



-20- 

The Ixidrptrial Advicory Boftc. asked thet Ad,-ninistrative Order No. 
X-51 be resninrud ;;ind thc.t all effort? ;.-t compulsor;,' enforcement be ren« 
oancerl. The Advisory Coiincil, in its final reports on the general labor 
•"jrovicions, su^^^ested as a corn'oromise tlir t the s.-fet- and health clause 
should be inrerted in the codes, but -tn-t any standards that might be 
dra"tec should be nandatory or educational, or orrtl^^ one or the other, 
depending on the desires of the individual industr-^ (*). Hor/ever, the 
re-)resentr.tives of the ]3e-oartncnt of Labor Cornnittee -ere dissatisfied 
\7ith this arrcn;;enent a-\c hrd ta':en stcos, before the invalidation of 
ir.R.A., to orote'^'t t.iis coin'oromise to the IJ.I.P-.B. 

i-Jo other issues of vjolicT orovohed contention. It ras readily- 
agreed b-- all thrt as far as :oossible detailed standards should te 
inserted directly in the final code, rather thrn merely incor:^or.- ted 
by reference. i\irthermore, there was reasserted the need "or active 
partici-oation by industx^;-/' itself in the formulation of stai-.^ards as vrell 
as in their rdinini strati on. jinally, it was agreed that all other ag- 
encies, such as state and cit-^ governments, insurance carrieBs, etc., 
should be enlisted in the educfition of industr'r and enforcement of 
these standards. The Deuartment of Labor's Committee on Srfety end 
Health wc s recognized as the technical advisory committee that would 
furnish the code authorities and the IJ.R.A. with advice and suggestions 
on content and procediire and methods of investigation. 

F.H.A. established the -Dolicy reouiring employers to provide sp.fe 
and healthful Bu.rroundings for their emoloyees but v;hile this policy 
coi.ild be explicitly stated in tlie codes, tne necessary im-olementation 
and er.forcement reouirea tne active cooperation of the code authorities 
and of industir^. The movement had to reach into each establishment of 
eacn em'oloyer, large and small. In order to define the chs.racter of 
the novement, Office Order Ho. 71 nas issued. It described the ess- 
ential natare of the program. The individual code aritiiority vas to 
be caarged T'ith th.e development and aduninistration of the program. ' ..c 
The . .R.A. "as to act a^s coordinator and adviser. TJhen it was found 
desirable for the Administration to affirm tne enforceablility of the 
stand.ards primariJ.v to facilitate the educ:-.tiona,l efforts, objections were rai 
Gd by certain industrial reoreseiita.tives. 3ut \ hile the issue caused 
much discussion, the adninistra.tion of the provisions themselves had 
not rco.ched the stage where enforcement could even' hf ve been contem- 
plated. I^.H.A. had. not as yet developed an adeouate enforcement ma- 
chinery/ for wage and hour lorovisions, and few of the industries had 
dovelo'Tsd an adecoc^.te safety and health program either for education 
or enfcrcf-ment purposes. The controversy over compulsion distracted 
tue entrgies of persons involved in the promotion of the -o-.k within 
the F.R.A. , and delayed progress. It suggested that disagreement ex- 
isted, v/iiereas the differences were not concerned with the principle 
b-..\t onV,'- with the enforcement status of standards after apT)roval. 

VIII. SAi-JT-.- Aid) i-:£;ALTH PHOVISIOUS - T.Z.A. CCDSS 

The result of t.iese efforts by tx.e Labor Advisor'- Board and the 
Administration to secure tae inclasion of specific protection for the 
safety and health of vor'xrs was adoption of such a orovision 4S5 codes 

nnri code Euni)loments.j __^ 

■" ■' ' -■'I'-i ",r>T^r Omir"''i 1 "ipcisions 



- 21 - 

Of these 'I'-fto compliance 'vith stato or local lav^s was required "by 48. 
A general stc-terient to the effect that "every Ginplo;/'er shall provide 
for the safety and health of his employees cturing the hours and at 
the pla.ce of enployir.ent" , v;as founo in -^12 indu.stry codes. Five codes 
included no such general statement "but reouired the subraission of 
standards of safety and health. In all, 3^1 codes required the su"b- 
mission of sta,ndards "f safety and health v/hich would define the pre- 
scri'bed '.ninirna.. Only 113 of these S'^l codes requirca tha,t these 
standards "be approved "by the Ac'iininistrat.ion, and 41 formally specified 
that upon approv'il they r;ere to be part of the code. However, Aiirninis- 
trativc Order X-51 automatically made the approved standards part of 
the code itself for the -'•jroup of codes reouiring aprsrovo-l "by the Ad- 
ministration (*). In all of the ''8 approved area agreements under 
the Construction Cede, specific provision Y/as made for safety and 
healths In many cases individual safety re,':ulations were inserted. 
Few of the codes and supple/aents approved "'oefore Office Order No. 71 
included a. prevision for safety and nealth. In the first 100 codes, 
13 codes and 32 sunplementc carried some provision for safety and 
health; in the fourth lO^^', 76 codes ajid 14 supplements; in the fifth 
100, 91 codes, and 2 stipplements; in the last 57 codes, all contained 
some provision. In view of the general acceptance of this clause 
a,nd the rapid progress iBa,de in amending the codes, the ultimate adop- 
tion of this provision by all industries a;opeared probable. 

Service Codes cont-\ined special provisions relating to the 
hazards in those industries. The Restc'.urant Industry Code called 
for a Sanitation Coraniittee to investigate and forinalate "standa.rds 
of cleanliness, maintenance of equipment and other sanitary safe- 
guards" (**). Similirly, the Retail Monu;".ient and Limestone Indus- 
tries undertook to deal v/ith the silicosis hazards (***). 



(*) See page 35, paragraph 2, line P'. 

(**) rational Recovery Administration, Cqde^ of__Fa^ir Compe t it ion , 
V. VI, p. 524. 

(***) Faticnp,l Recovery Administration, Codes of Fair_Competiti_on, 
V. VIII, p. 519. 



9711 




o> 



-23- 



tX. F20CSESS li'I THE ADOPTION OF'SATETY AIH) HEALTH ST^^Dii^mS 

Ths i isertion of the sefety and health clause into a code and 
the orescri -ition of activities for code authorities by Office Ordex" 
IJo. VI ifere not in therasel^'es sufficient to briig about satisfactory 
results. It oecajiie nanifest that inuch assis'ance would have to be 
given the v£.ricus code authorities to insure their coo-oerrtion and 
conioliaace with the urovisions of tne code. The^'- hpd no rer.l under- 
s tending of what was reauired of them oy the general orovision or as 
to the specific t:npe of standards which they were to submit. To over- 
come these difficulties, the Secretary of Labor's Committee on Safety 
and Health in Industry for LT.P..A. Codes developed a working -orocedure . 
of coo 'sx'o.tion. Two oersons v;ere added to its staff, who, together 
with the Secretary and under the f-uidance of the Cimir.man of the Com- 
mittee, offe.-ed their services to all industries that desired sug- 
gestions concerning pro'oer standards of safety and health. The Cou- 
mittee furnished some 3'''2 different industries with co-oies of general 
standards as vrell as suggested methods of protection against the spe- 
cific hazards in the severcl industries (Appendix "E"'). Available 
information on accident eroerience within the industry w. s also for- 
warded, through the Deputy Adiainistrator, to the industrv for its use. 
The recon lendations were generally directed to the safety and health 
couiittecs established by the code authority in accordance v;ith the 
reouire:.ient of Office Order Ko. 71 and of the by-laws of many of the 
code authorities. These guides were intended to assist the code au- 
thorities in get 'sing started and to -orovide the basis for independent 
work. 

The actions taken by the iridivio.ual code authorities with resoect 
to the recctiiended standards varied, but many showed considerable in- 
terest in the develo-oment of a satisfactorv orogr m for their industries. 
In the cr.se of the Crushed Stone, Si^na c.nd Gr.?.vel Industry, the code 
authorit-"- aToointed a co;i-iittee of industry reoresente.tives familiar 
with the srfet^- and -oroduction problems of the industry to revievf the 
suggesti^-ns subnitted by the Labor Advisory Board. This committee, 
together with reoresentatives from the Safety ?.nd Health Committee 
and IJ.R.A. , reviev/ed the iDroblems and hazards arising in the industry 
and developed. an aporooriate set of standards. The Canning Industry 
had its own coni;ittee review the recommendations of the Labor Advisory 
Board e:aC. its revision was reorinted in a bulletin of the code autho- 
rity .-.nd distributed throughout the entire industry for coTiment and 
suggestion, particularly with refei'once to its effect on the small 
producer. The Baking Industry similarly distributed a list of stand- 
ards tc the members of their Couicil but no further f.ction was taken. 
The Metal V/indov/ Industry distributed the recommendations "to all 
industry roembei-s for their study and reoort" and practically every 
member raiDcrted himself fovoraole to their adoption. In the case 
of the Electro-Plating, Metal Polishing and Metal Finishing Industry, 
a comiittee vras a ):')0inted on October 6, 1934, which recorded its con- 
viction "tliat every worker in this industry is entitled to a health- 
ful, saiiitary a.nd safe environLient in v;hich to work". It "examined 
carefully all tlie ( s;ifetyV codes, . . . . ., the safety l.'ws and re- 
gulations cf the ma.jor industrial sta.tes and consulted many e.uthoritiesU 



9711 



-24- 

In their lettei", they declsre that they "have selected'., r.do-oted and 
written such ircvisicns as -'ill help to create the desired conditions." 
The a.ttitude of this committee tovrard its tas'!'r was illustrated bv the 
f ollowir_:7 paragrr.ph of its letter: 

"These conditions are c.esir-bl? for other reasoas. Good house- 
keeping is an asset to every i idvis".rial organization. It enhances the 
industry's reputrtion with the tr nes which it serves. It increases 
efficiency aid lov<ers production and nuAntenance costs. It reduces 
insurance rates. This is the first atte;ipt to write a cornolete set 
of health and safety standards for this industrv. . There are no doubt 
imperfections. In order to assist the supolenientary code authority 
to perfect these standards, industry meraocrs should nctify their re- 
present,:, tives of necessary or advisable changes ." (*") 

Another code authority, Excelsior and Excelsior Products, invited 
representatives of the Department of Labor Com littee to discuss the 
entire subject at their meeting ^nd then apoointed a special committee 
to complete the- consideration of the individua,l items. In the case 
of the Truckin-j Industry, tne provision for safety and he8,lth standards 
within the code stinul'^ted general interest in the matter and finally 
led net only to the adoption of a set. of standards but .also to the or- 
ganization within the industry of an extensive safety orogran which 
has been continued ov the i idustry since the i/ivalicotion of the code, 
s-oecial attention bein-;- devoted to the selection and training of 
drivers. 

A special problem existed in the cose of industries located orin- 
cipally in the more -orogressive sto.tes. In such cases it was recora- 
raended that uniform re.'':^ilations .be devclo-oed on the basis of both 
state regulations and the sug:;estions of the Deoa-rtnent of Labor's 
CcmiTittr?e in order that deficiencies in existing standards might be 
corrected; and that new entr,antB into tne industry in less progressive 
states would be froia the be^in-irng ooimd by the standai'ds established 
in the code. 

In a few cases the feeling agai;ist drafting standards additional 
to those prevailing in the particnl- r states was so strong that liftle 
could be achieved. In the case of the Steol Plate Fabricating Indust- 
ry, the code au.thority felt th t "there was too much interference with 
state and i.^.surance regulations aaid thr':'t these latter tv;o Sufficient- 
ly covered the ground and had proven satisfactory in ac^-ual operation." ** 
Another code authority objected to the orinciple that safety or health 
should "be considered by the Federal Government. Hather it believed 
that this tirpe of regulation should re.nain in the states, since "an;r 
effort on the oart of the code authority would do little to improve 
general stt-ndars . "*** These argrments were met by an exrolanation of 



* Letter in H.3.A. ?iles - Safety and Health. 

**Code History of Steel Plate Fabricating Industry p. 43. 

***Code History of the Alloys Industry, p. 26. 



9711 



-25- 

the mechaiiicc; of T/orkmen' s Comoensation, state safety l;ws, insurance 
comppny re§ralations and safety problems. 

In generc\l the oroposals made by the DeDartment of La.bor's bom- 
mittee \7ere well received as the loroDOsed standards Tvere generally 
limited to itens which haa been accented gs nracticf.I either bv the 
Americcm Standc.rds Association, proj2;ressive state legislation, or 
progressive est(:.blishments. In every c?se em-oh?;sis w;\s olaced woon 
those items v;hich concerned the outs tending; causes of accident and 
diser.se in the -oarticular industries. 

An iiicrec.sing disolay oi interest by industries was evident through- 
out the last fev/ months of the II, R. A. period in the developnent of 
adequate ma.chinery for drafting standards and develooing methods of 
administr;-.tion. It wa-s necessary, nevertheless, to aooroach the code 
authorities i \vidivuaJlv in order to enga?;e them in this effort ii 
more 'than r. -oei-functory manner. L/'ny code a.uthorities located in 
Washington were visited and their olans were reviewed oy the represen- 
tatives cf the De'rjartnent of La.ocr' - Comnittee Assistance was offered 
in ccllecbiug neces.sa.ry data and drafting standards. Nevertheless, 
the initi>?l tas't of. grafting some; 3''' ^ sets of standards absorbed so 
much of the tine of the staff cf the Com-iittee that contacts necessa- 
rily were limited-.- Furthermore, the financial difficulties of a num- 
ber of code authorities interfered with the pro-oer consideration of 
standards. The Retail ru-nunent/- Industry was reouired in its code, 
in adr.ition to oroviding "a>.3nfe and healthy wcrkiig environment, " 
a.lso to "t,-'I;e steios to reduce the dust in the air breathed by the em- 
TDloyees to such an amount a.s may be aporoved from time to time by the 
United States Pujlic Health Service ." (*") It had been found by the 
public Health Sei'vice that the orevailing types of respirators were 
inadecu-ate. .u'or tha.t reason the above provision was incorporated. 
The code authorit;,'' annointed a comnittee to study the most efficient 
type of dust Drotection machines for use in the Monument Industry. 
But this com, :ittee "was lanable to conduct a thorough studv because of 
the la.cl: ox sufficient funds to carry out this work." Thus no progress 
was ;aade and no effective liaison was established with the United 
States public Health Service. In the case of the Restaurant Industry, 
the f ,il-are of the code authority to get underway seriously;- hindered 
the activities cf the soecial sajiitation comhiittee. 

Another t-rpe of situation which tended to divert attention from 
the oro"3er a,dministration of safety and health -orovisions was the pre- 
occupation of coda authorities in the prirntiry code proolems. In the 
case of the Plumbing Fixtures Code Authority, the Deriuty Administrator 
instructed the a.dJTiinistra.tive- officials not to -oress these matters 
since "this industry was serlo\isly considering the delect ion of the 
trade ora,ctice provision from the code. This took the entire time and 
attention of the Code Authority so that nothiig further was done." ** 



* National Recovery Administration, Codes of Fair Comijetition, 

V. VIII, p. 519. 
** Code "lister-^ cf t he Pl umb ing Fix tur es In dustry , p 54 - 55. 



9711 



-36- 

Most of the code authorities, nevertheless, appointed safety 
and health committees to consider the matter of standards. TJioon the 
receipt of these "oroposed standards by K.^.A., a comolete review of 
them was made b-"- a SDecial division of the Research and Planning 
Division, bv the v' rious Advisorv Borrds, and by the Deoartment of 
Labor's CcmLiittee on Safety a.nd Health Standards in N.R.A. Codes, 
which r/as usually called uoon to furnish the technical review of the 
documents. It operated throu;-;h the Labor Advisory Board staff since 
for a large part of its history the Chairman of the Committee was 
a member of the staff of the Labor Advisory Board. The re-oorts of 
the Department of Labor's Committee r/ere likewise transmitted to the 
Division of Research and Planning. (**) These comments led to -frequent 



* Office Memorandum No. 298, (Oct. S, 19.34'» re: Strndards Provisions 
in Codes, reads as follows; 

"1. This supersedes Office Memo. IIo . 292*, \?hich is revoked. 
"2. It shall he the duty of the Division of Research and Planning to 
pass UTDOn the adequacy of standards and to evaluate the economic 
consequences of their esta.blisliment . Therefore, whenever, in accord- 
ande with the orovisions of a Code of Fair Com-oetition a. Code Au- 
la} slandaras of quality for a. nroduct or service of the industry 
(h) standards for safety and health of emoloyees in the industry 
such submission shall be referred to this Division for examination 
and report, which report shrll accoraoany the Deouty's recommenda- 
tions to the National Industrial Recovery Board. 
"3. ' The Division of Research and Plaaning shall check all such proposals 
with established agencies, such as the Bureau of Standards, the Bu- 
reau of Agric. Economics, or the Secretary of Labor's Committee on 
Standa^rds for Safety and Health. 
"4. Centering responsibility for this review in Resea.rch and Planning 
will in no case prevent those preparing the standards provisions 
from free consultation with these or other agencies. 

By direction of the National Industrial Recovery Board." 

G.A. Lynch, Administrative Officer. 
* Office Memorandum No. 292 vas dated Seotember 17, 1934. 
Note; The Advisory Council, on Oct. 3''', 1934, recommended that "a pro- 
vision be outlined in the Office Lanual for review of standards of safe- 
ty and health by the La'iJor Advisory Board as well as the Division of 
Research and Planning, (See National Recovery Adm., Advisory Council De- 
cisions, V. I, p. 62, Decision No. 71 Oct. 30, 1934). In a supijorting 
memorandum to the National Industrial Recovery Board, the Advisory Coun- 
cil indicated that it favored this loronosal because Cthe Labor Advisory 
Board has s-io:isored these develo"oments since its beginning. It has an 
ext>ert staff which can cope with the mass of detail involved. .. The In- 
dustria.1 Advisory Board \TOuld have been included in the recommendation 
had it so desired, but it stated that it did not wish. to review the pro- 
sals in detail." (Letter from W. K. Thorp, Chairman of the Advisory 
Council to the National Industrial Recovery Board, November 9, 1934. 
See il. R. A. Piles, Safety and Health). 



9711, 



-37- 



ccnferences '/ith the reoresentatives of the code authorities. Revi- 
sio'is i7ere jjer.er' ll?'' worked out rfter.the discussion, of the points of 
diff erT.ice. Lost of the ci-i-oroved strnd-ards resulted froin such confe- 
rences. 

The result of this activity was thr.t fifty-two i:idustries actual 
l->r subnittcd standards for sa.fetv and he-^lth to the "^. R. A. before 
its i iv lidati on. Of this number, tv/elve were actuell'"" a^"oroved by 
the Ad'iinistration.* ' The attitude displayed bv these industries is 
interestinglv illustrated by the foreword to the safety, and health 
st-ndards for the Crushed Stone, Sand and Gravel and Sla;3 Industry''. 
i;;r. Otto 5-raves, Chairman of the Code Authority, declared;, 

"These sta,ndards T;ere -oreoared in resoonse to th.'^t code provision 
which ola.ced uoon the Code Authority resoonsibility for the dis- 
charge of this dutv. They are presented to you in this booklet 
and should be adhered to faithfully. The ii:rorovement of the 
health of otir workers and the reduction of accidents will not only 
be a marked contrioution to the public welfare of our industries 
but these standards are also of value from aji econoiaic standpoint. 

"The stoj-idards constitute persiiasive evidence of the opoortunities 
developed out of joint action by our industries and it is worthy 
of coniiient that without the instrumentalities afforded by the 
national Recovery Act, of which we have availed ourselves, we 
could not have made the progress these standards represent. They 
tead to demonstrate clearlv th^t industry given the right to do 
so, oossessos the caoacity to ,re.gulate itself for the com:ion wel- 



,'e. 



II** 



(*) These industries are: (ilame - Code Lumber "^ 

Criished Stone, Srnd and- G-ravel '^nd Si;,? (1)9") 

Bjroc::: r'anufocturi ig (465^^ ' . ' 

Dental Goods and Ef^uinment Trade (482) 

■Slectrica.! Ccntr-cting (244-F'> 

Flavoring -roducts (516") ' ■ ' 

Lightning Rod (094"^ 

"j.letal Window (2'15) 

PicLle Packing (524) 

preformed Plastic Products (359^ 

Preserved I'iarpschino Cherrv and Glace Fruit (460^ 

Sand Lime Brick (365^^ 

Ootical Retail Tra.de (4.54') 

(**) Code .iuthority For the Crushed Stone, Sand and Gravel, and SLag 
I ncais tries. Standards for Safety and Health for the Crushed 
Stone, Sand _.nd &r..vel, and Slag Industries, Ipproved by the 
ITationr.l Industrial Recovery Board, Decemoer 7, 1934. 
■gxhibit I - "D" - 



9711 



I:^. cidc.ition to the f or".ul-i,tion of safety and health strndards it 
was ex'scted. thr t the individual code authorities '^ould undertake?, a 
coHolete orO;::ran in" accident orevention thi-oui^h a ■•oro'^rpra for statis- 
ticrl re-5crtin.5 to determine the rapjor C£ ase of accidents T.'ithin the 
industr"''. It '.'rs lolannad th^ t each ineiaber of the indiistry would re- 
oort eve_';^ accident to the code a'lthority to be reg-al;;rlv tabulated 
hj the Dec-rtTient of Laocr' s Comviittee. Such a program wss developed 
for use by tho code authv.'rities but only i xlustry whicii had a plpji 
formally r.:)'>ioved v/a,s the Crushed Stone, Sand rxid Gravel, tnd Slag 
Industries. al''-hou-;h the plan for the Preformed Plastic Products In- 
dustry \7;'.s on the verge of a.>iroval at the time of the invalidation 
of N. H. A. The tvoe of strtistical program which was conteraolated is 
suggested by the forms anooroved for the Crushed Stone, Sand and Gravel 
and Slaj; Industries. All accidents were to be reDortt.'d to the code 
authoritjr each month and the case of accidents not ccn-oleted within a 
recortin;; oeriod, a su-oolementary form entitled "Final Accident ReTjort 
Blan'c" was to be filled out. These forms had been v/idely distributed 
throu-^hout the industry at tho tir.e ¥.. R. A. was invalidated. 

The second igroup of industries which submitted standards for con- 
sideration by JT.R.A. were the seventeen industries which had had their 
standards a proved by- the Laoor Advisory Board but not by the Adminis- 
trtition.* In this 'prouo the Ketd Treating'- and the River and Harbor 
Ira-orovenent Industries had submitted accident reportinAj forms for ap- 
■oroval. Tlie res.sons for the aelay in fina.l aooroval vtried somewhat 
among these industries, princiorll"'" the''' were: the slowness with 
vdiich the' AoJTiini strati on. acted; the' internal legal difficulties in 
some c .ses of detrrmini.u" \hether these standards were to be an'oroved 
or merelv "a.c^;nov7lede;od''' ; the objection of the legal division to vague- 
ness of phraseolc-y; the ob.ioctic\ of the Industrial Advisory Board 
to the inclusion of standards by reference; and the reluctance of 



{*) Industries with standj.rds acoroved by the Labor Advisorv Board 
and not finally aor^roved by F.R.A.: (DIame of Indiistrv - 
Code '■'uraber'^ : 

Corair:9rci;..l iTixtirres (415'^ 

Electro Plating, Hetal Polishing and l.'etal Finishing (34-46'' 

Hand Bag rr.aiue (84-45^^ 

Industrial Safety jjouipment Indnstrv and Tr-de (^IS^i 

painting, Pa-oerhan^^ing and Decorating (244-2^) 

Resilient Flooring Contracting (244-10) 

River end Harbor Imrorovenent (434^ 

Specialty'- Accounti :g Surolv Ma.nufacturing (433) 

Te::tile Print Roller En-';raving (324) 

Umbrella Prarae and Umbrella Hardv^are (386) 

Window; Glass (533) 

Yifire Rod and Tune Die (25''^) 

Imoortiig Trade (487) 

Abrasive Grein (438^1 

Gri .di:.e 'Jheels (170) 

Ge.lv/iized 17all (84 A-l) 

Motal Treating (367) 



9711 



Administr, tion officials to move cviickly when they v;ere inadequately 
informed on the F.uoject itself and had to awo.it advice. 

In tne final group were the remainiig tv/enty- three industries 
whose stFJidprds Lad teen submitted but not aporoved by the Labor Ad- 
visory Borrd. In most cf these cases conversations and negotiations 
to imorcve the standards or to obtain some change in or a.ddition to 
their content were still being carried on with the industry.* 

The above is the record of the progress in the adoption of stand- 
ards for safety and health. Code authorities, at ' the time of the in- 
■ validation cf K.H.A., had begun to investigate the subject and large- 
ly ijnder the stimulus of the .Labor Advisory Board staff and the Depart- 
ment of Labor's Con'iiittee desirable results v/ere in Drospect. In- 
ternal Adj-iini strati on misuhderstE-jiding on the exsict le<i^'al st-tus of 
the stojidards retarded progress. However, significant results were 
avoile.hlc in a fev: industries and great oromise was shov^n bv others. 



i*^ In this group vere to be found the following industries: 
(ifeie of Industry - Code ITuraber") 
Steel Pachage Manufacturing ( 84-25 '^ 
Sta^idard Steel Barrel ( 84-26 *> 
Galvanized- "Tare (84-27^ 
Washing liachlne Parts (84-29) 
Milk -aiid Ice Cream C?n (84-30) 
■ Refrigeration Valves ' and Fittings (84-51) 

File iiSJiufacturing Division, of the Fabricated ''etals 

Industries (84-54'i 
alxcclsior and E::celsior Products (146) 
Smelting and Refining of Secondary I/'etals into Brass and 

Bronze Alloys (l73'i 
Electrotjroing and Sterootyoing (179) 
Mason Contracting (244-7) 
Elto'ibing Contracting. (244-9) 

Coriugated and Solid Fibre Shipping Container (245'> 
Secondea-y Aloiiiinum (268^ 
Wholesale Tobacco Trade (462) 
Sickel and Nickel Alloys (443) 
Trucking (278) 
Canning Industries (446'* ' 
Fibre Wallboard (326) 
■ IJ-oholsterj^ Soring and Accessories (329) 
Collapsihle Tube (345) 
Insulation Board (353) 
Cla-^ and Shale Roofing Tile (389) 



9711 



-30- 



i'l. R. A. 's chief interest was, hov/ever, in achievins; the imme- 
diata stp.bilisation of wage and hour conditions and trade practices 
£und thereby haltin;;;; the aeflaticn movenent . Necessarily;-, the major 
interests of the code authorities were centered in the successful ope- 
ration of these orovisions. Their time, money and thought were di- 
rected to these fields. In. fact, generall:/, prices and trade prac- 
tices ^.'ere the predominant inturects. It is only in those industries 
in v/hich efforts to shading safety and health urograms were started 
early in thi-' history of the code o.uthoritv, or where the oroblems were 
. parti cul^.rly serious thtit an active interest was develo-oed within the 
short -eriod of N.H.A. Even in these c^ses it reouired the constajit 
contact ijf l].3.,L, agencies, the Labor Advisory Board st?ff, or the 
De'oartnsiit of Labor's Committee to ass-'ore substantial orogress. Pri- 
mai-il'"-, the slowness of the movement was due to the neec" for prior or- 
ganization vithin the industry and 11. R. a. machinerv, much of V'hich was 
slowly develooed ; nd ooerated clumsily during the oeriod after its 
establishinnt . S« late were these administrative facilities in coming 
that the problem of srfety j:nd health coulo not be oresented to an 
industrry b^ciy for months after the effective drte of the code. As 
smooth r^.m:iing mj'chinerv wrs develooed, finances collected, activities 
organized, the -oroblem of organi-sin^ & safety and health movement 
came to be considered more seriouslv. Misunderstsnding of the louroose, 
method anc. ap-olicabilitv abounded but discussion of these points 
helped to unfold new aspects of the problem. 

The preliuina: y stages in the -orcgrcn for promoting safety end. 
health in industry had been canvassed. The technique for stimula.- 
ting industry intorest, the methods of org-anizing code authority 
coum.ittees, the ty-^es of standards best p,dapted to the several in- 
dustries, the form of permanent organization, the st ■'ristical arrange- 
ments for re-oorting experience were worked out in a number of in- 
stances. Wliilc not all angler, had been developed enough e?roerience 
was gained to ensure progress if continued. ^hese gr.i'is were prac- 
ticallj?- confined, hov,'ever, to the s jhere of the Nationa.l Code Au- 
thorities. '00 plan for local ooeration and administration was made 
available nor we.s a 'program for inspection and com?liance developed. 
In viev.' of the difficulties met with in N.3..A. c.moliance, generally 
it was -iractically iuoossiole even to consider tne oroolom of en- 
forcement of G. fety and health rules during the rieriod K.'^.A. existed. 
As a if-atter of fpdt, t\ie delny in the s"ooroval of standards prevent- 
ed even consideration of the -oroblem of comoliance. 

In view of the fact • that the conolaint svstem was found inadequate 
for obtaining enforcement of the major labor r^rovisions, it is hard- 
ier li!:ely that it would have oroved adequate in this field. In- 
spection of olants would have been required not- onl'"' to ascertain con- 
ditions, but ,^1eo to make 'oossible suggestions of changes in plant 
constructicn or lay-out ana to neimit the irooer oeriod of adjustment 
and correction necessa::y to obt-in volixritary comnliance. Plans were 
being considered for integrating the com-oliance functions of the N.R.A. 
'-vith those of the varioiis states, iiisurance coraoRnies, Federal agencies 
and others engaged in the spme activities. The devolo-iraent of a rounded 
lorogram for education, research, inspection and enforcement was con- 
ceived to be -lecessary to effect a good safety and health program that 

9711 



-ol- 



would rec cii down tc tho i.idi" ic.ur<l estr blisliir.ent. 

K.R.A, Giicvred th'^t substratial orogress c^n be mroe bv get,ti-.g 
orivate iiidustr/, under Government Qiid?nce, to achieve, improvement 
in. aafety r,nd health stsjidards. federal re.-^-alation has tre lendous 
advanta;jes, for it can aonrorch this -oroblei en rn inuustrv rather 
than 8 ut'te ha.sis. Indu&tr"* his ;^;enerall"'•" considered these problems 
nationally anc. welcor.ed national M.^iifor5nitv. 

Tho GP.fety nover.ent was r;ea,siarabl" strengthened by IT.R.A.'s ac- 
tivities. IT^aile interest in spfet'?- oromotion .had been widesiiread, nc 
similar svreeoin,^ national effort had oreviouslv been underteken. H.E.A. 
reached mo^t industries and Industrie 1 worker?. The ^lan was to develoo 
the safet"'- efi'ort on a lonc-iTnge o^'sis tc inclu.de: the standrrdizing 
and asser'.hli'ig of aviilrble knowledr^e; tiv- establistiinpnt of the reaui- 
site orgcUi: zations in etch industry for the education of sll members; 
the ^roriotion of safety in-^asures ami^n^ all raemb rs, lorge and snail, 
in both rural end metropolit n areas; and the e.nf orce'ient of mini- 
mum requirejiients aaorcved bv industry a:ai the O-overnment . The lec'-ers 
of a nujaber oi industries c'evoted themselves actively to the development 
of an ac.equate program. Tl'-esc efforts ?/ei-e oro:!''.isin,fi; for a more ffr-»- 
reaching;; safety movement. A few industries ha.ve since carried on the 
work beijan \mder h.R.A., but in a more modest "".icnner and without the 
same persistent vir,or. The results deincnstrated under the II, R. A., v.'hich 
hardly hrd ti;.ie tn tpke effect before 193.'5, were encoru-aging as the 
possibilities for a G-ot'^rnm.ent sponsored safety movement particularly 
as oart of a olan of industrial control. 



9711# 



OFFICE OF THE NATIONAL RECOVERY ADMINISTRATION 
THE DIVISION OF REVIEW 

THE WORK OF THE DIVISION OF REVIEW 

Executive Order No. 7075, dated June 15, 1935, established the Division of Reviev/ of the 
National Recovery Administration. The pertinent part of the Executive Order reads thus: 

The Division of Review shall assemble, analyze, and report upon the statistical 
information and records of experience of the operations of the various trades and 
industries heretofore subject to codes of fair competition, shall study the ef- 
fects of such codes upon trade, industrial and labor conditions in general, and 
ot.ier related matters, sha'l make available for the protection and promotioi of 
the public interest an adequate review of the effects of the Administration of 
Title I of the National Inc. istrial Recovery Act, and ti j principles and policies 
put into effect thereunder, and shall otherwise aid the "resident in carrying out 
his functions under the said Title. 

The study sections set up in the Division of Review covered these areas: industry 
studies, foreign trade studies, labor studies, trade practice studies, statistical studies, 
legal studies, administration studies, miscellaneous studies, and the writing of code his- 
tories. The materials which were produced by these sections are indicated below. 

Except for the Code Histories, all items mentioned below are scheduled to be in mimeo- 
graphed form by April 1, 1936. 

THE CODE HISTORIES 

The Code Histories are documented accounts of the formation and administration of the 
codes. They contain the definition of the industry and the principal products thereof: the 
classes of members in the industry; the history of cede formation including an account of the 
sp ;ns ring organizations, the conferences, negotiations and hearings which were neld, and 
the activities in connection with obtaining approval of the code; the history of the ad- 
ministration of the code, covering the organization and operation of the code authority, 
the difficulties encountered in administration, the extent of compliance or non-compliance, 
and the general success or lack of success of the code; and an analysis of the operation of 
code provisions dealing with wages, hours, trade practices, and other provisions. These 
and other matters are canvassed not only in terms of the materials to be found in the files, 
but also in terms of the experiences of the deputies and others concerned with code formation 
and administration. 

The Code Histories, (including histories of certain NRA units or agencies) are not 
mimeographed. They are to be turned over to the Department of Commerce in typewritten form. 
All told, approximately eight hundred and fifty (850) histories will be completed. This 
number includes all of the approved codes and some of the unapproved codes. (In Work Mate- 
rials No 18. Contents of Code Histo rie s, will be found the outline which governed the 
preparation of Code Histories.) 

(In the case of all approved codes and also in the case of some codes not carried to 
final approval, there are in NRA files further mater...als on industries. Particularly worthy 
of mention are the Volumes I, II and III which c nstitute the material officially submitted 
to the President in support of the recommendation for approval of each code. These volumes 
9675—1 . 



- ii - 

set forth the origination of the code, the sponsoring group, the evidence advanced to sup- 
port the proposal, the report of the Division of RSosarch and Planning on the industry, th* 
recommendations of the various Advisory Boards, certain types of official correspondence, 
the transcript of the formal hearing, and other pertinent matter. There is also much offi- 
cial information relating to amendments, interpretations, exemptions, and other rulings. The 
materials mentioned in this paragraph were of course not a part of the work of the Division 
of Review. ) 

THE PORK MATERIALS SERIES 

In the work of the Division of Review a considerable number of studies and compilations 
of data {other than those noted below in the Evidence Studies Series and the Statistical 
Materials Series) have been made. These are listed below, grouped according to the char- 
acter of the material. (In Eork Matexials No_ 12, Te ntative Outlines and Summaries of 
Studies in Process , these materials are fully described). 

Industry S tudi es 

Automobile Industry, An Economic Survey of 

Bituminous Coal Industry under Free Competition and Code Regulation, Economic Survey of 

Construction Industry and NRA Construction Codes, the 

Electrical Manufacturing Industry. The 

Fertilizer Industry, The 

Fishery Industry and the Fishery Codes 

Fishermen and Fishing Craft, Earnings of 

Foreign Trade under the National Industrial Recovery Act 

Part A - Competitive Position of the United States in International Trade 1927-29 through 

1934. 
Part B - Section 3 (e) of NIRA and its administration. 
Part C - Imports and Importing under NRA Codes. 
Part D - Exports and Exporting under NRA Codes. 

Forest Products Industries, Foreign Trade Study of the 

Iron and Steel Industry, The 

Knitting Industries, The 

Leather and Shoe Industries, The 

Lumber and Timber Products Industry, Economic Problems of the 
Men's Clothing Industry, The 
Millinery Industry, The 
Motion Picture Industry, The 

Migration of Industry, The: The Shift of Twenty-Five Needle Trades From New York State, 
1926 to 1934 

National Income, A study of. 
Paper Industry, The 

Production, Prices, Employment and Payrolls in industry. Agriculture and Railway Trans- 
portation, January 1923, to date 
Retail Trades Study, The 
Rubber Industry Study, The 
Statistical Background of NRA 

Textile Industry in the United Kingdom, France, Germany, Italy, and Japan 
Textile Yarns and Fabrics 
Tobacco Industry, The 
Wholesale Trades Study, The 
9675. 



I 



- iii - 

Women's Apparel Industry, Some Aspects of the 

Trade P ractic e St udies 

Commodities, Information Concerning: A Study of NRA and Related Experiences in Control 
Distribution, Manufacturers' Control of: A Study of Trade Practice Provisions in Selected 

NRA Codes 
Design Piracy: The Problem and Its Treatment Under NRA Codes 
Electrical Mfg. Industry: Price Filing Study 
Fertilizer Industry: Price Filing Study 

Geographical Price Relations Under Codes of Fair Competition, Control of 
Minimum Price Regulation Under Codes of Fair Competition 
Multiple Basing Point System in the Lime Industry: Operation of the 
Price Control in the Coffee Industry 
Price Filing Under NRA Codes 

Production Control Under NRA Codes, Some Aspects of. 
Resale Price Maintenance Legislation in the United States 

Retail Price Cutting, Restriction of, with special Emphasis on The Drug Industry. 
Trade Practice Rules of The Federal Trade Commission (1914-1936): A classification for 

comparison with Trade Practice Provisions of NRA Codes. 

Labo r Studies 

Employment, Payrolls, Hours, and Wages in 115 Selected Code Industries 1933-1935 

Hours and Wages in American Industry 

Labor Program Under the National Industrial Recovery Act, The 

Part A. Introduction 

Part B. Control of Hours and Reemployment 

Part C. Control of Wages 

Part D. Control of Other Conditions of Employment 

Part E. Section 7(a) of the Recovery Act 
PRA Census of Employment, June, October, 1933 
Puerto Rico Needlework, Homeworkers Survey 

Administrativ e Studies 

Administrative and Legal Aspects of Stays, Exemptions and Exceptions, Code Amendments, Con- 
ditional Orders of Approval 

Administrative Interpretations of NRA Codes 

Administrative Law and Procedure under the NIRA 

Agreements Under Sections 4(a) and 7(b) of the NIRA 

Approved Codes in Industry Groups, Classification of 

Basic Code, the — (Administrative Order X-61) 

Code Authorities and Their Part in the Administration of the NIRA 
Part A. Introduction 

Part B. Nature, Composition and Organization of Code Authorities 
Part C. Activities of the Code Authorities 
Part D. Code Authority Finances 
Part C. Summary and Evaluation 

9675. 



- IV - 

Code Compliance Activities of the NRA 

Code Making Program of the NRA in the Territories, The 

Code Provisions and Related Subjects, Policy Statements Concerning 

Content of NIRA Administrative Legislation 

Part A. Executive and Administrative Orders 

Part B. Labor Provisions in the Codes 

Part C. Trade Practice Provisions in the Codes 

Part D. Administrative Provisions in the Codes 

Part E. Agreements under Sections 4(a) and 7{b) 

Part F. A Type Case: The Cotton Textile Code 
Labels Under NRA, A Study of 

Model Code and Model Provisions for Codes, Development of 
National Recovery Administration, The: A Review and Evaluation of its Organization and 

Activities 
NRA Insignia 

President's Reemployment Agreement, The 

President's Reemployment Agreement, Substitutions in Connection with the 
Prison Labor Problem under NRA and the Prison Compact, The 
Problems of Administration in the Overlapping of Code Definitions of Industries and Trades, 

Multiple Code Coverage, Classifying Individual Members of Industries and Trades 
Relationship f NRA to Government Contracts and Contracts Involving the Use of Government 

Funds 
Relationship of NRA with other Federal Agencies 
Relationship of NRA with States and Muncipalities 
Sheltered Workshops Under NRA 
Uncodified Industries: A Study of Factors Limiting the Code Making Program 

Legal Studies 

Anti-Trust Laws and Unfair Competition 

Collective Bargaining AgreeEonts, the Right of Individual Employees to Enforce Provisions of 

ommerce Clause, Possible Federal Regulation of the Employer-Employee Relationship Under the 

Delegation cf Power, Certain Phases of the Principle of, with Reference to Federal Industrial 
Regulatory Legislation 

Enforcement, Extra-Judicial Methods of 

Federal Regulation through the Joint Employment of the Power of Taxation and the Spending 
Power 

Gcverr.asnt Contract Provisions as a Means of Establishing Proper Econ mic Standards, Legal 
Memorandum on Possibility of 

Intrastate Activities Which so Affect Interstate Commerce as to Bring them Under the Com- 
merce Clause, Cases on 

Legislative Possibilities of the State Constitutions 

Post Office and Post Road Power — Can it be Used as a Means of Federal Industrial Regula- 
tion? 

State Recovery Legislation in Aid of Federal Recovery Legislation History and Analysis 

Tariff Rates to Secure Proper Standards of Wages and Hours, the Possibility of Variation in 

Trade Practices and the Anti-Trust Laws 

Treaty Making Power of the United States 

War Power, Can it be Used as a Means of Federal Regulation of Child Labor? 

9675. 



- V - 

THE EV IDENCE STUDIE S SERIE S 

The Evidence Studies were originally undertaken to gather material for pending court 
cases. After the Schechter decision the project v/as continued in order to assemble data for 
use in connection with the studies of the Division of Review. The data are particularly 
concerned with the nature, size and operations of the industry; and with the relation of tha 
industry to interstate commerce. The industries covered by the Evidence Studies account for 
more than one-half of the total number of workers under codes. The list of these studies 
follows: 



Automobile Manufacturing Industry 

Automotive Parts and Equipment Industry 

Baking Industry 

Boot and Shoe Manufacturing Industry 

Bottled Soft Drink Industry 

Builders' Supplies Industry 

Canning Industry 

Chemical Manufacturing Industry 

Cigar Manufacturing Industry 

Coat and Suit Industry 

Construction Industry 

Cotton Garment Industry 

Dress Manufacturing Industry 

Electrical Contracting Industry 

Electrical Manufacturing Industry 

Fabricated Metal Products Mfg. Industry and 

Metal Finishing and Metal Coating Industry 

Fishery Industry 

Furniture Manufacturing Industry 

General Contractors Industry 

General Contractors Industry 

Graphic Arts Industry 

Graphic Arts Industry 

Gray Iron Foundry Industry 

Hosiery Industry 

Infant's and Children's Wear Industry 

Iron and Steel Industry 



Leather Industry 

Lumber and Timber Products Industry 
Mason Contractors Industry 
Men's Clothing Industry 
Motion Picture Industry 
Motor Vehicle Retailing Trade 
Needlework Industry of Puerto Rico 
Painting and Paperhanging Industry 
Photo Engraving Industry 
Plumbing Contracting Industry 
Retail Lumber Industry 
Retail Trade Industry 
Retail Tire and Battery Trade Industry 
Rubber Manufacturing Industry 
Rubber Tire Manufacturing Industry 
Shipbuilding Industry 
Silk Textile Industry 
Structural Clay Products Industry 
Throwing Industry 
Trucking Industry 
Waste Materials Industry 
Wholesale and Retail Food Industry 
Waste Materials Industry 
Wholesale and Retail Food Industry 
Wholesale Fresh Fruit and vegetable Indus- 
try 
Wool Textile Industry 



THE STATISTICAL MATERIALS SERIES 



This series is supplementary to the Evidence Studies Series. The reports include data 
on establishments, firms, employment, payrolls, wages, hours, production capacities, ship- 
ments, sales, consumption, stocks, prices, material costs, failures, exports and imports. 
The^ also include notes on the principal qualifications that should be observed in using the 
data, the technical methods employed, and the applicability of the material to the study of 
the industries concerned. The following numbers appear in the series: 
9675. 



- VI 



Asphalt Shingle and Roofing Industry 

Business Furniture 

Candy Manufacturing Industry 

Carpet and Rug Industry 

Cement Industry 

Cleaning and Dyeing Trade 

Coffee Industry 

Copper and Brass Mill Products Industry 

Cotton Textile Industry 

Electrical Manufacturing Industry 

9675. 



Fertilizer Industry 

Funeral Supply Industry 

Glass Container Industry 

Ice Manufacturing Industry 

Knitted Outerwear Industry 

Paint, Varnish, and Lacquer, Mfg. Industry 

Plumbing Fixtures Industry 

Rayon and Synthetic Yarn Producing Industry 

Salt Producing Industry