:£E u3 ae so r-i Do not deface book«$»>marks ana writing. BOUGHT WITH THE INCOME FROM THE SAGE ENDOWMENT FUND THE GIFT OF Henrg W. Sage 1891 ft.:.Z3.<*/.Q.Q , , Z&ly./// .6f.. 6896-1 DEPAETMENTAL COMMITTEE ON COMPENSATION FOE INDUSTRIAL DISEASES. SECOND REPORT OF THE DEPARTMENTAL COMMITTEE ON COMPENSATION FOR INDUSTRIAL DISEASES REPORT. H«stnfeb to botl) Honscs of Harliatrani by (Somntanb of |pts Utajtstg. LONDON: PRINTED FOE, HIS MAJESTY'S STATIONERY OFFICE, By WYMAN and SONS, Limited, 109, Fetter Lane, E.C. And to be purchased, either directly or through any Bookseller, from WYMAN and SONS, Limited, 109, Fetter Lane, Fleet Street, EC; and 32, Abingdon Street, Westminster, S.W. ; or OLIVER and BOYD, Tweeddale Court, Edinburgh; or E PONSONBY, 116, Grafton Street, Dublin. 1908. [Cd. 4386.J Price Id. c r Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924032187340 DEPARTMENTAL COMMITTEE ON COMPENSATION FOR INDUSTRIAL DISEASES. SUPPLEMENTARY REPORT. To the Right Hon. Herbert J. Gladstone, M.P., Secretary of State for the Home Department. Sir, When we presented to you our report of May 15th, 1907, our investigations into the liability of glass workers to suffer from cataract, a trade in which it was alleged this disease was exceptionally prevalent, had not been completed. As it was desirable that our recommendations should be made, so far as possible, in sufficient time to enable the diseases which it was intended to add to the Third Schedule of the Workmen's Compensation Act, 1906, to be included in an Order of the Home Secretary to that effect before July 1st, 1907, when the Act came into operation, we thought it inadvisable to delay the presentation of our main report u until our inquiry on Cataract had been concluded. At your request we have resumed our sittings in order to complete this portion of our task. You have since referred to us a request of the Postmaster-General that the question should be considered of including Telegraphists' Cramp among the diseases for which compensation can be claimed, as well as a difficulty which has arisen in the interpretation of the terms used, following our recommendations, in the definition of Eczema in the Statutory Order of May 22nd, 1907. We have consequently held four further sittings, have examined 20 additional witnesses, and re-examined two, and now have the honour to present this Supple- mentary Report on the matters referred to us. Glassworkers' Cataract. The evidence of the many witnesses — medical men, employers and workmen — whom we examined on this subject before the presentation of our main report led us to include in the section of that report which dealt with the disease the following sentences : " The question ... is one in which statistics are of the first import- ance. We cannot regard it as established that the form which cataract assumes among the workmen in this trade has symptoms sufficiently distinctive to allow its trade origin to be determined in individual cases. But we have little doubt that cataract is a trade disease among bottle-workers in the sense that it is unduly prevalent in that trade .... Wa are of opinion that if cataract was found many times — for example, ten times — as frequently among bottle-makers as among other people, the disease should be scheduled, even though in one case in ten the employer would be required to pay compensation to a man whose disease would have occurred had he never been employed in that trade. On the other hand, if it occurred only twice as often, we consider that it would not be just to schedule it, for the employer would be paying without due cause as often as with due cause." One of our number, Dr. Legge, H.M. Medical Inspector of Factories, has since made an exhaustive inquiry with a view to determining statistically the incidence of cataract, not only among bottle-makers, but among glassworkers generally. We print annexed to this his report on the subject and its appendices. He examined the eyes of no fewer than 513 persons exposed to furnace glare in glassworks, and, for purposes of comparison, of 278 persons not so exposed. He found that all classes of glass furnace workers appeared to suffer, and that in them, between 30- 40 years of age, opacities of one kind or another in the lens were about five times, between 41-50 about twice, and at 51 years of age and over, more than three times as frequent as in those engaged in other work. The difference in the character of the changes observed was very striking and of unmistakable significance. Thus, of the control persons examined, none had sought treatment for cataract, and in not more than three were the opacities such as to impair sight. Among the glassworkers, in addition to six in whom a single extraction for cataract had been performed, and in one 420. 3,000— Wt. L. 15057. 11/08,— Wy. & S. a double extraction, there were at least 25 others in whom the sight of one or other of the eyes was seriously impaired. Typical central posterior cortical change of varying degree was noted in 56 lenses of the 513 glassworkers and in two of the 278 control persons examined. Approaching the problem from another side — that of superannuation from dis- ablement by cataract — it was found that useful comparison could be made between the reported incidence of the malady on 10,549 members of the Hearts of Oak Benefit Society in receipt of reduced sick allowance and that on 186 superannuated members of glass-bottle societies. The percentage of cataract in the former was only 078, and in the latter 22-6, although the average age in both was about the same — 56 years. The conclusion thus indicated is confirmed by the evidence of the witnesses who appeared before us. Special attention [may be drawn to the medical evidence given on behalf of Messrs. Pilkington Brothers, a firm of glass manufacturers at St. Helens employing some 4,000 workpeople. From that it appears (11,564-11,591) that about one-half of these workpeople are exposed in the course of their work to the glare of molten glass, and that about one-half are not so exposed. Each half contributes equally to the number of cases of ordinary sickness, which are assisted by the Sick Club attached to the works. But all the cases of cataract which have come within the cognizance of that club have been from among the one-half of the men who are exposed to the glare and none have come from the other half. Our iurther investigations lead us to the clear conclusion that cataract is many times more prevalent among men who work with molten glass than it is among the rest of the population. If the only question to be considered were whether it would be right to require employers in this trade to compensate the workpeople who contract this disease, as the employers in other industries are required to compensate their workpeople who contract other trade diseases, notwithstanding that cataract is a disease also contracted by persons who do not work with molten glass, we should have recommended its addition to the schedule on the same footing as the other diseases there included. But here, as in the case of the Fibroid Phthisis (see pp. 16-19 of our previous Report), we have been obliged to take into account the probable effect of" such a course upon the prospects of employment of the men affected. The disease is one of very slow growth. For many years the efficiency of the workman at his trade is little, if at all, affected. During that period it would be impossible for him to claim that the disease had incapacitated him and that he ought to be compensated. But at any time an ophthalmoscopic examination of the eyes would clearly reveal the disease in an incipient stage, forecasting the possible ultimate incapacity of the workman. If the law required that half- wages should be paid during the rest of the life of an artizan who had lost his technical skill through cataract, it would not be unnatural to expect that employers would insist that their men should submit to an examination of the eyes ; that no employer would engage a workman, seeking employment, who showed traces of the malady ; and that some employers would even dismiss workmen so affected before the time arrived when a claim for compensation could be estab- lished. By the witnesses who appeared on behalf of the employers we were told that these results would most certainly ensue (11,398, 11,546, 11,594). The witnesses who spoke on behalf of the workmen were divided in opinion as to the effect upon their interests of scheduling the disease. The great majority of glassworkers belong to a trade union, but no one organisation represents the trade as a whole. We invited the views on this aspect of the question of each of the many societies which represent different branches of the industry or different districts of the country. Our inquiries gave rise to an active discussion throughout the trade, and the replies which were conveyed by the witnesses revealed a widespread disagreement. The General Secretary of the National Flint Glass Makers' Society told us that the members of that Union were about equally divided, but that the Executive Committee thought that to schedule the disease would operate injuriously (11,078). Of the 14 branches of the Glass Bottle Makers of Yorkshire United Trade Protection Society nine were in favour of scheduling the disease and five were against. A ballot of the Lancashire District Glass Bottle Makers' Trade Protection Association showed that a little over half the members were in favour, the rest being against or neutral. The Pressed Glass Makers' Friendly Society of Great Britain were against. The National ( J lass Bottle Makers' Society of Great Britain and Ireland, with about «50 members, wore "prepared to take the risk" (11,433-7). The Glasgow and District Glass Bottle Makers' Trade Association were " pretty much divided on it" (11,636). Other small associations were in favour (11,678, 11,750, 11,789). After devoting to the question long and careful consideration, we have arrived at the conclusion that if the disease were scheduled in the same manner as other industrial diseases, the workpeople in the glass trade would lose more than they would gain ; that employers would be likely to impose a medical examination of the eyes ; that men, who from any cause were out of work and who revealed symptoms of opacity in the lens, would find their chances of obtaining fresh employment seriously prejudiced, in spite of the fact that they might remain thoroughly efficient for many years longer ; and that in some cases dismissals from present situations might take place. There is, however, an alternative course. The operation for the removal of cataract is attended by practically no danger, and among glassworkers usually enables them to obtain employment again, sometimes even at the highly skilled work on which they had been formerly engaged. If the period in respect of which compensa- tion were made payable were limited to the time necessary to cover the period of incapacity immediately preceding and succeeding the operation, a just relief would be given to the workmen, while the burden on the trade would be reduced to such very small proportions that we cannot believe that the employers would incur the expense of arranging for periodical medical examinations or be guilty of the harshness of dismissing men whom they knew to be suffering from a slowly ripening cataract. The Workmen's Compensation Act enables such a limitation to be effected without further legislation, for Section 8 (6) of the Act empowers the Secretary of State to extend the provisions of the section to diseases other than those first scheduled, ■" either without modification or subject to such modifications as may be contained in the order." We recommend that " Cataract in Glassworkers " be added to the First Column of the schedule of industrial diseases for which compensation may be claimed ; that u Processes in the manufacture of glass involving exposure to the glare of molten glass " be added to the Second Column ; but that the compensation should be made payable only in cases where an operation is undergone and for a period not exceeding six months. Telegraphists' Cramp. We heard evidence on this subject from Dr. J. Sinclair, the Second Medical Officer of the General Post Office, from representatives of the Postal Telegraph Clerks' Association, and from Dr. W. Hale White, who appeared at the request of that Association. We entered into communication also with the Railway Association and with some of the chief cable companies, but were informed that they had no representations to make on the subject. Telegraphists' cramp affects an appreciable proportion of operatives who use the Morse key instrument. The symptoms complained of are discomfort at work or pain not confined to one set or group of muscles. Investigation reveals presence of spasm, tremor, and weakness, but muscular wasting, signs of paralysis, and neu- ritis are all absent. Only when the affection has lasted for a very long period is the irrit- ability of the muscles of the affected limb decreased. The condition develops in the stage of perfection of manipulation, when the act has become practically automatic, and not during the period of learning, when muscular effort and attention are .greatest. Telegraphists' cramp might be confused with temporary or permanent reduction of manipulative skill following on local muscular weakness, with neuritis and other nervous disorders, and even with rheumatism, were it not that its effect on the work is quasi- pathognomonic, showing itself by production of jerkiness and illegibility in signalling, and disability for work limited purely to the particular movements involved. Final evidence of the malady, therefore, is recorded on the Morse signalling slip. That the disease should be considered specific to the employment is beyond question, and we are of opinion that it should be added to the schedule as a subject for compensation. In view of the advantage of knowledge of telegraphist's work in elucidating cases of alleged illness from this cause, and of the fact that there are specially appointed Postal Medical Officers to undertake medical attendance on the staff, the suggestion was made — emanating neither from the General Post Office, nor from the Telegraph- ists' Association, but from the Committee itself — that difficulties would be avoided if, in the first instance, cases were submitted to the medical men in the service of the Post Office, instead of to the local Certifying Factory Surgeon as provided in the Act in the case of other diseases. The appeal to the Medical Referee would remain. The witnesses who appeared on behalf of the Telegraphists' Association were specifically asked whether they would have any objection to a modifica- tion in this sense in the application of the Act, and whether they thought that doctors employed by the Post Office might sometimes be biassed against the employees. They unanimously replied that they had no such objection and anticipated no such bias (11,973-9, 12,001-2). We have ascertained that such an arrangement would be agreed to by the Department. Its application must necessarily be limited to cases in which the disease attacks, and compensation is claimed by, postal servants. The rare cases which might occur in other employments must be left to the ordinary procedure provided by the Act. We recommend that with respect to telegraphists' cramp the application of Section 8 of the Workmen's Compensation Act, 1906, should be modified, where the "workman" suffering from the disease is in the employment of the Postmaster General, by the substitution of the Postal Medical Officer of the district for the Certifying Surgeon appointed under the Factory and Workshop Act, 1901, as the person by whom, in the first instance, the presence of the disease should be certified. Eczema. Among the industrial diseases scheduled in the Home Secretary's Order of May 22nd, 1907, in accordance with the recommendations in our previous report, was "Eczematous ulceration of the skin produced by dust or caustic or corrosive liquids, or ulceration of the mucous membrane of the nose or mouth produced by dust." A question has arisen whether these terms cover the eczema of the hands and arms, sometimes induced in laundry women by the alkaline solutions with which they work. There is no reason why such cases, or other cases due to working with liquids which may not be considered to be caustic or corrosive, should be excluded, if it can be shown that the conditions of the employment are, in fact, the exciting cause of the disease. In order to remove the doubt we recommend that the words " caustic or corrosive," qualifying the word " liquids," should be eliminated from the definition. We have the honour to be, Sir, Your obedient servants, HERBERT SAMUEL. HENRY CUNYNGHAME. CLIFFORD ALLBUTT. THOMAS M. LEGGE. FRANK ELLIOTT, 12t/t October, 1908. Cornell University Library arY1207 Second report. 3 1924 032 187 340 olin.anx