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CONSTRUCTION AND MAINTENANCE OF ELECTRIC INSTALLATIONS A few States have passed laws relating to electrical construction and maintenance, with regard to the safety of workmen. The Oregon statute merely authorizes the public-service commission of the State to formulate rules and regulations. The industrial board of the Department of Labor and Industry of the State of Pennsylvania has a comprehensive and technical body of such regulations, prepared in cooperation with the National Bureau of Standards.

New York limits its requirements to the placing of rubber mats in front of switchboards for the protection of workers; while the law of Massachusetts only mentions the insulation of poles and other structures used for the support of electric wires.

The law of the State of Washington is devoted mainly to installations in generating and transforming plants and the like, and that of Montana more largely to the erection and guarding of wires and cables for carrying electricity; the Nevada statute more nearly resembles that of Montana.

The safety provisions of the Montana statute follow:

MONTANA-ACTS OF 1917

CHAPTER 171.-Safety of employees-Electrical construction and maintenance SECTION 1. Climbing space.-Any person, company, or corporation owning or using any pole or appliance on which is run, placed, erected, or maintained in the State of Montana any wire or cable used or to be used to conduct or carry electricity for the purpose of light, heat, or power, shall provide and maintain an unobstructed climbing space adjacent to any such pole or appliance, so that persons shall be able to ascend any such pole or appliance with reasonable safety and convenience up to and through the wires, connections, attachments, and structures of any such pole or appliance, and all cases where any "buck or reverse arm is used or where special construction is used there shall be provided and maintained unobstructed climbing space of not less than twenty-two inches square, omitting the area of any pole or appliance.

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SEC. 2. Space for high-voltage wires.-At least one standard pole gain, or the equivalent of four feet, shall be left vacant between the nearest cross arm on which is placed or maintained any wire or cable conducting or carrying more than four hundred and forty volts of electricity and any cross arm occupied by or used for wires or cables carrying four hundred and forty volts or less.

The said standard pole gain shall be spaced not less than twenty-four inches center to center, except that one "buck" or reverse arm may be placed not more than twelve inches below any cross arm: And provided, That this section shall be held not to apply to bridge construction: And further provided, That it shall be held not to apply to primary taps to transformers on poles: And provided further, That all such primary taps leading to transformers on poles shall be of double braid, rubber-covered wire of at least twenty-two hundred volts insulation.

SEC. 3. Cross arms.—All cross arms shall be made from clear, straight-grained wood, or standardized material. The cross section of wood arms shall be not less than three and one-half by four and one-half inches. The pin spacing shall be, for six pin arms, not less than thirty-inch center for pole pin spacing, fourteen-inch side spacing, and five-inch end spacing; and four pin arms, not less than thirty-inch center for pole pin spacing, fourteen-inch side spacing, and fiveinch end spacing.

SEC. 8. Guy wires.-Guy wires shall be attached to poles so as to interfere as little as possible with workmen climbing or working thereon.

SEC. 13. Provisions not applicable, where.-None of the provisions of sections one, two, and three shall be held to apply to direct current wire carrying nominally six hundred volts of electricity and used for street railway purposes: Provided, however, That an unobstructed climbing space not less than twentysix inches in a horizontal line shall at all times be provided and maintained.

SEC. 15. Climbing space.-Any person, company, or corporation owning or using any pole or appliance used exclusively for telephone, telegraph, or other signal wires shall provide and maintain an unobstructed climbing space of not less than sixteen inches.

Whenever "buck" or reverse arms are used an unobstructed climbing space shall be left adjacent to the pole or appliance at least twenty inches square, omitting the area of any such pole or appliance, [;] any wire or cable attached to the pole in such buck-arm construction not less than forty inches from the nearest cross arm shall be held not to be an obstruction to the climbing space as herein provided.

SEC. 19. Same; poles jointly used.-All telephone, telegraph, or other signal wires placed on poles jointly used for electric light, heat, and power wires shall have an unobstructed climbing space of not less than twenty-six inches. All telephone, telegraph, or other signal wires placed on poles jointly used for light, heat, or power wires shall be placed and maintained on cross arms, except that brackets may be maintained on one side of the pole not nearer than two feet below the lowest cross arm for the purpose of carrying duplex wires or cables to distribute telephone, telegraph, or signal wires.

SEC. 21. Same; two pole lines. In all cases where there are two or more pole lines used for telephone, telegraph or other signal wires, on the same side of any street, alley or public highway, provided such lines are not parallel on a horizontal plane, the cross arms shall have an unobstructed climbing space of not less than twenty-six inches.

SEC. 27. Records. In every generating and substation used for light, heat, or power, there shall be kept a log book or record showing the changes in the condition of operation, including the starting and stopping of electrical supply equipment, the name of each foreman or workman locally in charge of work, and all unusual occurrences and accidents.

The log book or record shall be signed by the person in charge before being relieved. He shall keep within sight an operating diagram or equivalent device indicating whether electrical supply circuits are open or closed and where work is being performed. On circuits carrying normally in excess of seventy-five hundred volts the operator in charge shall place "Men at work" tags upon switches controlling any circuits upon which men are known to be working and it shall be his duty to enforce the safety rules and permit only authorized persons to approach the equipment or lines.

This section shall not apply to isolated plants, generating current for telegraph, telephone and signaling purposes.

SEC. 28. Provisions for accident.-There shall be provided in conspicuous and suitable places in electrical stations and shops a suitable and sufficient supply of first-aid and protective devices, all of approved kinds and qualities; the kinds and number of such devices will depend on the requirements of each case, as may be from time to time prescribed by the State industrial accident board, and it shall be the duty of the said State industrial accident board to prescribe such necessary protective devices. All such prescribed devices shall be kept, when not in use, in their regular location and in good working order.

SEC. 29. Switches in certain circuits.-All circuits of four hundred and forty volts, or more where originating or terminating in any enclosure or building or is used for underground, shall be provided with air gap switches or other approved devices, [;] if any of the above circuits are of seven and one-half kilowatts or more capacity they shall, in addition, be provided with an oil break switch or other approved device which will safely open the circuit under the load. There shall be no less than two experienced electricians employed on any work or maintenance to be performed on any electrical wires or equipment connected therewith carrying nominally [sic] six hundred volts or more: Provided, however, That this shall not apply to the operation of electrical equipment nor in cases of emergency.

Direct current feeders of two hundred and fifty volts or over shall be protected by approved circuit-breaking devices.

SEC. 30. Fuses.-All fuses shall be inclosed, or expulsion type, or other approved "National Electrical Code" standards.

SEC. 31. Grounding; head room, etc.-Where necessary all forms of electrical apparatus shall be effectively grounded for the protection of persons.

Wherever wires or conductors are installed within enclosures or buildings, in and about switchboards and other appliances where conductors are

run, placed or erected, a clear headroom of six and one-half feet above the floor or surface must be maintained, or the wires be effectively guarded. All apparatus, passages, manways, and other places where persons may enter into must be protected with efficient guards in accordance with standard practice: Provided, This shall not be held to apply to electrical machinery and auxiliary devices carrying six hundred volts or less.

When lines or wires carrying seventy-five hundred volts or more are disconnected from their source of power for work to be perfomed thereon, said lines or wires shall be effectively grounded for the protection of workmen. SEC. 32. Manholes.-The opening to outer air for any manhole used for light, heat or power, shall be circular in shape, and shall be not less than twenty-four inches in diameter.

The opening to outer air for any manhole used for telephone, telegraph or other signal wires shall be circular in shape and shall not be less than twenty inches in diameter.

Whenever persons are working in any manhole whose opening to the outer air is less than three feet from the rail of any railway or street car track, a watchman or attendant shall be stationed on the surface at the entrance of such manhole at all times while work is being performed therein.

Other States having laws on this subject are:
California.-Acts of 1911, ch. 500 (am. 1917, ch. 575).
Indiana.-A. S., sec. 3862d.

Massachusetts.-G. L., ch. 166, sec. 34.

Montana.-R. C., secs. 2677-2710.

Nevada.-R. L., 1919, pp. 3169-3172.

New York.-Acts of 1921, ch. 50, sec. 207.
Oregon.-Acts of 1921, ch. 217.

Washington.-Acts of 1913, ch. 130.

BAKERIES AND THE PREPARATION, DISTRIBUTION, ETC., OF FOOD

PRODUCTS

Laws regulating the conditions of employment in bakeries, confectioneries, ice-cream factories, dairies, canneries, and the like, combine the industrial factor with ideas of the protection of the public health, and provisions stressing the latter aspect are valid (Benz v. Kremer, 142 Wis. 1, 125 N. W. 99). It follows from the nature of the industries affected that the welfare of the employee is frequently only a secondary aim in the enactment of the laws, the restrictions laid upon him frequently being less for his own welfare than to secure the cleanliness and wholesomeness of the product.

The laws are varied but include some or all of the following provisions: That the establishment shall be properly lighted, drained, plumbed, and ventilated; that screens must be provided for the doors and windows and the food and materials protected from flies, etc.; that the clothing of all operatives must be clean and sanitary; that the interior walls must be washed, whitewashed, or painted at reasonable intervals; that suitable and separate toilets be kept for each sex and that they be maintained in a sanitary condition and that washing facilities be supplied and used; that cuspidors must be provided, the same to be cleaned daily; that smoking and expectoration be prohibited; that no one be allowed to use any workroom as a sleeping room; that no persons suffering with any communicable disease be employed; and that employees with infected wounds be prohibited from handling food until the wound is healed. The law of New York is representative. It is as follows.

NEW YORK-ACTS OF 1921

CHAPTER 50.-Labor law-Bakeries, etc.

SECTION 330. Definitions.-Whenever used in this chapter:

1. "Bakery" means a building, room, or place used for making, preparing, or baking bread, biscuits, pastry, cakes, doughnuts, crullers, noodles, macaroni, or spaghetti to be sold or consumed on or off the premises, except kitchens in hotels, restaurants, boarding houses, and private residences, wherein all such products are consumed exclusively on the premises; and with respect to the provisions of this chapter relating to machinery, safety devices and sanitary conditions includes hotel bakeries. A bakery is a factory within the meaning of this chapter.

2. "Cellar" means a room or part of a building which is more than onehalf its height below the level of the curb or ground adjoining the building, excluding areaways.

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3. "Owner means the owner of the premises, the lessee of the whole thereof, or the agent in charge.

4. "Occupier" means the person in possession of the premises and conducting the bakery therein.

SEC. 331. Equipment.-1. A bakery shall have proper and sufficient drains, sinks, clean running water, and properly ventilated water-closets. The waterclosets shall be apart from and shall not open directly into the bake room or rooms where the raw material or manufactured product thereof is stored or sold.

2. A bakery shall have adequate windows, and, if required by the rules of the board, hoods and pipes or other means for ventilating ovens and ashpits. 3. A bakery shall be at least eight feet in height measured from the surface of the finished floor to the under side of the ceiling, except that any cellar or basement of less height which was used for a bakery on the second day of May, eighteen hundred and ninety-five, need not conform to this provision.

4. The flooring shall be of smooth even cement, or tiles laid in cement, or wood, and shall be free from crevices and holes. The side walls and ceilings shall be either plastered, ceiled, or wainscoted.

SEC. 332. Maintenance.-1. Every part of a bakery, its equipment, plumbing, and the yards and areaways adjoining shall be kept in good repair, in sanitary condition, and free from vermin. All furniture, troughs, and utensils shall be so constructed and arranged as not to prevent cleaning them or any part of the bakery. All interior woodwork, walls, and ceilings shall be painted or limewashed once every three months, where so required by the commissioner.

2. Sanitary receptacles shall be used for coal, ashes, refuse, and garbage. The contents of the receptacles for refuse and garbage shall be removed daily. Mechanical means of ventilation, when provided, shall be effectively used and operated. Windows, doors, and other openings shall be properly screened. Lockers shall be provided for the street clothes of employees.

3. No person shall use or be permitted to use tobacco in any form in a bakery or room where the raw material or manufactured product of the bakery is stored or sold.

4. No person shall sleep or be permitted to sleep and no domestic animals, except cats, and no birds, shall be allowed to remain in a bakery or room where the raw material or manufactured product of the bakery is stored or sold.

5. Every person while engaged in the manufacture and handling of bakery products shall wear a clean suit and clean shoes or slippers. The suit shall be of washable material and used for that work only.

SEC. 333. Diseased persons.-No person who has a communicable disease shall work or be permitted to work in a bakery. Whenever required by a medical inspector of the department, a person working in a bakery shall submit to a physical examination by such inspector. No person who refuses to submit to such examination shall work or be permitted to work in a bakery.

States having laws of this class are as follows:

California.-Acts of 1921, ch. 701.
Colorado.-C. L., secs. 1015-1022.

Connecticut.-G. S., secs. 2518-2523.

Delaware.-Acts of 1915, ch. 228.

Georgia.-Acts of 1914, p. 134.

Idaho.-Acts of 1921, ch. 223.

Illinois.-R. S., ch. 56b, secs. 40-50.

Indiana.-A. S., secs. 7637a-7637j; Acts of 1919, ch. 56.

Iowa-Code Supp., secs. 2527a-2527h.

Kentucky.-Acts of 1916, ch. 37.

Maryland.-A. S., Art. 43, secs. 177A-177G.

Massachusetts.-G. L., ch. 111, secs. 34-48.

Michigan-Acts of 1919, ch. 25.

Minnesota.-G. S., secs., 3728-3731.

Missouri.-R. S., secs. 5685-5693, 6843-6847.

Nebraska.-C. S., secs. 7487-7497.

New Jersey.-C. S., pp. 2577, 2578.

New York.-Acts of 1921, ch. 50, secs. 330-333.

North Carolina.-Acts of 1921, ch. 173.

North Dakota.-Acts of 1917, ch. 68.

Ohio.-G. C., secs. 1012-1018, 12797; acts of 1919, p. 330.

Oklahoma.-Acts of 1911, ch. 125.

Oregon.-Laws, secs. 8734-8743.

Pennsylvania. Statutes, secs. 11958, 11960 (both as amended 1921, No. 169), 13637-13660.

Rhode Island.-G. L., ch. 85, secs. 18-31 (am. 1923, ch. 2331).

South Dakota.-Acts of 1921, ch. 242.

Tennessee.-Code, secs. 3118a-3118a-9.
Texas.-Acts of 1921, chs. 63, 66.

Vermont.-G. L., secs. 6298–6302.

Washington.-C. and S., secs. 5482-5489 (am. 1913, ch. 60).
Wisconsin.-Statutes, secs. 98.16-98.30
Wyoming-Acts of 1913, ch. 108.

REGULATIONS GOVERNING LAUNDRIES

Regulations affecting employment conditions in laundries have regard to the public health rather than to the welfare of the employees themselves. Sanitation, ventilation, and cleanliness are required, and the use of workrooms as sleeping rooms is forbidden, as is the employment of persons affected with infectious or contagious diseases.

The States having laws covering some or all of the above provi

sions are:

Arizona.-Penal C., sec. 715.

Connecticut.-Acts of 1921, ch. 227.

Delaware.-R. C., sec. 746A (added 1915, ch. 59).

New York.-Acts of 1921, ch. 50, sec. 296.

Virginia.-A. C., sec. 1545.

RIGHT OF ACTION FOR INJURIES CAUSING DEATH BY WRONGFUL

ACT

Under the common law, while an injured person who survived an accident might recover damages from the person or persons whose negligence or wrong caused the same, no recovery was allowed where the injury resulted in death. The reason given was that "there is no mode of estimating compensation for the death of a man." An English law of 1846, known as "Lord Campbell's Act," gave to surviving beneficiaries a right to sue for damages suffered by the death of the injured person, and laws of this kind now exist in all jurisdictions of the United States. While not labor laws in form, a very important application has been to cases of fatally injured employees whose surviving dependents are given thereby a right of action, though their importance has been affected by the general enactment

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