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period, namely, July and August, and we had a little over two
months in which to complete the work of the fiscal year. It was
very evident that any changes to be made in the method of per-
forming or reporting the work of the inspection force, would of
necessity have to be made effective October 1, 1915, the beginning
of the fiscal year. Such changes as were deemed necessary were
accordingly made to apply at the beginning of the 1916 fiscal year,

FACTORY INSPECTION

I feel that it is necessary to call the attention of the Commission
to the diflSculties encountered by the Division of Factory Inspec-
tion, relative to structural changes in factory buildings, in order
to provide proper exits and other requirements for the protection
of the factory workers in case of fire, as set forth in sections 79-a,
79-b, 79-c, 79-d, 79-e, and 79-f of Article 6. The enforcement of the
provisions of these sections have imposed increased duties on the
inspection force. The property owners are reluctant to comply,
and they have, since the application of these provisions of the law
to factories of the state, made numerous appeals from the orders

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56 New York State Dbpabtment of Labor

issued, which resulted in delay until the appeal could be acted
upon.

There have been many requests that inspectors visit the premises
to which structural orders apply for the purpose of explaining
what will be acceptable to the Department. It is also necessary to
visit the premises a number of times in order to ascertain whether
the work under construction is being carried out in conformity
with the provision^ of the law and the Industrial Coda

During the fiscal year 1914, it was deemed advisable to print
on the notice on which orders are issued by the Department, the
following :

Impobtant. — If you believe these orders are unreasonable or unnecessary,
and you desire to have them changed, modified or waived, you are not
required to employ or retain a lawyer, architect, engineer, building expert or
fire prevention expert. Make written protest within five days to the Com-
missioner of Labor, when, if the facts justify, a re-inspection will be made
and such action taken as the later inspection warrants.

After a trial of more than a year, it was clearly demonstrated
that a statement of this character had a strong tendency to invite
those who received notice of orders to appeal from the orders
issued instead of complying with them, and actually resulted in
a large number of appeals, each appeal necessitating a re-inspection
of the premises. For this reason the statement was eliminated
from the new form of notice of orders to be used beginning
October 1, 1915, and in the short period from that date to the
writing of this report, the beneficial results of the change are clearly
visible.

In many instances a second appeal has been made after a
decision has been rendered on the first appeal. This has necessi-
tated repeated inspections on appeals and numerous visits to such
premises to explain the necessary changes, in order to secure com-
pliance with the law, and in most instances tiie owners^ agents or
lessees of the property were reluctant to proceed with the construc-
tion work necessary to comply with the orders of the Department
until they were notified by counsel or summoned to court for their
failure to make the changes necessary in their buildings.

The provisions of section 52-a, chapter 719, Laws of 1915, and
sections 52-a, 52-b, 52-c, chapter 674, Laws of 1915, provide that



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Rbpobt of the Industbial Commission, 1915 57

variations and modifications from the provisions of the law may be
granted, and this right to request a variation and modification has
resulted in many being made and a number of them were relative
to orders which were the basis of appeals acted on by the former
Appeal Bureau, all of which tend to delay enforcement. Under
the present law we have had many instances where we have sent
counsel a letter fixing final date of compliance, or we have b^un
prosecution, and the defendant has made request for variation or
modification, and in this way has stayed tbe prosecution.

Any person should have the ri^t to appeal to the Commission
where practical difficulties or unnecessary hardships exist, but the
law should be changed so as to prevent property owners, agents
or lessees from delaying the enforcement of the law. There should
be a time limit in which all requests for variations or modifications
can be made, after the date on which orders are issued, and the
decision of the Commission on such variation or modification
should be final.

THE LAW AND ITS BNFORCEMBNT

In addition to the regular inspection of factories, mercantile
establishments and other places, the inspection force is compelled
to make numerous compliance visits.

Besides the foregoing, there are various other duties to perform,
part of which are the making of special inspections, investigation
of complaints, night work relative to overtime work and the
enforcement of the law relative to hours of labor as it applies to
women and children, the enforcement of the day-of-rest law, secur-
ing evidence regarding violations of the law, procuring summonses
against violators, and attendance in court in connection with the
cases presented to the court for prosecution.

As the statute stands at present the inspection force is not ade-
quate to properly enforce the labor laws, and in this connection
permit me to call attention to the experience of the Department
since its inception. At no time has the inspection force been
adequate to properly enforce all the laws the Department is charged
with enforcing. This is true at present and has been so in the
past. The law-making bodies have from time to time added many
beneficial statutes to what are known as the labor laws, but at no



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58 'N'KW YoBK Statb Dbpabtment of Labor

time have they increased the agency for enforcement to a point
that would be adequate to the duties imposed on the Department
as the result of the enlarged responsibilities because of the statutes
added from time to time.

The time has arrived for the Commission and the Legislature
to give serious thought to the question of providing an adequate
force to perform the duties imposed on the Industrial Commission.
With the development of the present laws and the powers vested
in the Commission to establish codes and make standards
applicable to the industries of the state, there can be splendid
progress made for the protection of the working people of the
state, which will result in reducing the number of deaths and
injuries of those engaged in the industries, and reduce to a mini-
mum the hazards of the various industries in the State of New
York.

PROPER LIGHTING OF INDUSTRIAL ESTABLISHMENTS

There is much to be accomplished by improving in a reasonable
way the sanitation, ventilation and lighting of our factories and
mercantile establishments, and thereby protecting the health and
efficiency of the working people who are compelled to spend more
than one-third of their lives in the stores and factories of the state.

The providing of proper illumination in industrial plants is
very important from the standpoint of health, efficiency and safety.
This is particularly true of the older type of factory construction.
A considerable percentage of industrial injuries can be traced to
insufficient and improper lighting facilities. Huge machines cast
many shadows, and shafting and belting add to the gloom, and all
tend to obstruct the natural light obtained in the building. As a
result many hazardous conditions exist.

In the latest type of factory construction, vast improvements have
been made by designing buildings with the maximum amount of
light in the daytime. In many buildings artificial light is in
constant use. Other plants operate at night Many use artificial
lighting during the dark hours of the day.

The installation of a lighting system has too often been provided
with little judgment or without regard for the needs of the
employees or the work to be performed. However, there is a



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Report of the Industblax Commission, 1915 59

marked tendency among manufacturers to remedy such conditions,
realizing that proper lighting facilities promote the efficiency of
all the employees and especially those who have to operate intricate
and dangerous machinery. It also increases the output of the
plant and to a marked degree reduces the hazard of the industry,
all of which tends to establish safer working conditions.

I have mentioned these matters briefly to show the necessity for
augmenting the force to a point in keeping with the task imposed
on the Department by the numerous laws, the enforcement of
which is part of our duty, and for which critical public sentiment
holds us responsible.

MERCANTILE INSPECTION

The work if this divftion shows a marked increase over last year.
According to the last census the city of Binghamton has become
a second class city, and thus comes under the provisions of the
mercantile law.

I concur in the recommendations of the Acting Chief of the
Division, and approve of the recommendation to extend the pro-
visions of the mercantile law and the day-of-rest law to restaurants.
There is a very large percentage of females employed in restau-
rants and the women employed therein are compelled to work long
hours, and in most instances seven days a week. There is every
reason why the provisions of the law should apply to these
establishments.

It is impossible to properly enforce the mercantile law with the
present number of mercantile inspectors. The force should be
increased in order that the Bureau may properly enforce the
mercantile law in cities of the first and second class, in order that
the thousands of mercantile employees in the other cities through-
out the state shaU enjoy the benefit of the day-of-rest law, which
cannot be thoroughly enforced because of the inadequate force of
inspectors at the command of the Mercantile Division.

PROSECUTIONS

Prosecutions in the factory division, as shown in a table in later
pages, are set forth in two sections, namely, cases pending on
October 1, 1914, and cases instituted during the fiscal year 1915.



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60 New York State Depabtment op Labor

In the first section 274 cases were pending on October 1, 1914, 8 of
which are still pending; 191 being dismissed or acquitted, and
10 withdrawn ; 36 convicted and sentence suspended ; 29 convicted
and fined, the fines aggregating $955. In the second section there
was a total of 750 cases begun during the fiscal year, of which 171
were pending on October 1, 1915; 259 were dismissed and
acquitted, and 9 withdrawn; 171 were convicted and sentence
suspended ; 140 convicted and fined, the fines aggregating $3,432.
The total amount of fines for all factory cases disposed of during
the year was $4,387.

MERCANTILE VIOLATIONS

Mercantile prosecutions are also set forth in two sections. There
were 39 cases pending on October 1, 1914* which, were disposed of
during the fiscal year, resulting as follows: Five dismissed or
acquitted; 15 pleaded guilty and sentence suspended; 8 pleaded
guilty and fined ; 3 convicted, sentence suspended ; 7 convicted and
fined ; 1 bail forfeited. Amount of fines and forfeited bail, $355.
There were 780 prosecutions begun during the fiscal year 1915,
43 of which were pending on October 1, 1915 ; 47 were dismissed
or acquitted; 7 dismissed or acquitted by jury; 4 withdrawn; 361
pleaded guilty, sentence suspended; 197 pleaded guilty and fined;
58 convicted, sentence suspended; 63 convicted and fined. The
fines imposed aggregated $5,502. The total fines for the mercan-
tile cases disposed of during the year was $5,857.

TENEMENT MANUFACTURES

The report of the Chief of the Division of Homework Inspection
shows that 14,365 licenses were in effect at the end of the fiscal
year, as compared with 12,848 at the end of the previous year. Of
the number of licenses issued, 255 represent shops or factory build-
ings situated on the same lot but in the rear of a tenement house.
In the 14,110 separate tenement house buildings there are 177,210
living apartments. This may give some idea of the amount of
work to be accomplished by the division, and particularly if it be
done as the law provides, so that all licensed tenement houses shall
be inspected at least twice each year. In order that the work may
be accomplished as contemplated by the provisions of the law, I



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Eepobt of the Industeial Commission, 1915 61

concur in the recommendations of the Chief of the Homework
Division, in which he sets forth the necessity for an increase in
the inspection force, in order that the work may be performed as
the statutes direct.

SAFETY MANUAL

There is urgent necessity for providing the Department's
inspection force with a manual. This should be carefully com-
piled, illustrating and describing the latest and most efficient
methods of guarding the many different types of machinery, ele-
vators, etc., and in addition, showing the most approved manner
of eliminating many of the common hazards that are found in the
various industries. This manual could be so arranged that parts
of it coidd be printed in pamphlet form and be made very service-
able to the different classes of manufacturing establishments. The
purpose of such manual should be to establish standards and
properly demonstrate the best means of remedying the dangerous
conditions that are prevalent in many of the industries of the state.

MACHINERY CODE AND SAFETY COMMITTEES

There should be special attention given to the proper safe-guard-
ing of machinery and other hazardous conditions, with a view to
reducing to the minimum the industrial hazards as they apply to
the industries of the state.

In connection with a program of this character, it becomes
essential that a proper machinery code be provided as soon as
possible. Such a code would be educational and beneficial to the
factory owners and managers who are desirous of knowing just
what will be acceptable to the Department as proper safe-guards
on ihe different types of machinery.

In addition to the machinery code, there should be proper rules
requiring the organizing of safety committees of employees in such
industries as are hazardous. These rules should be such as woidd
guide these committees in making the conditions of their respective
plants meet the highest standard of safety, and enable them to
reduce the injuries of the employees to the lowest number. By
the development of these committees, there is no question of the
vast improvement that can be accomplished for the protection of
the employees in the hazardous occupations, by developing and



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62 Nbw Tobk State Dbpabtment of La30b

providing proper safe-guards and the elimination of unsafe work-
ing conditions that may exist in many of the industries of the
state. Through the work of these committees much can be done
to instill in the minds of the employees that which is most essential,
the necessity of using proper care and judgment in the perform-
ance of their duties, and in this way protect their fellow-workers
and themselves from injury, and be a real militant force in the
crusade for " Safety First," which means their deliverance from
industrial injuries, and which will also reduce the cost of com-
pensating injuries to the industries of the state, and thus preserve
the efficiency of the workers of the state.

James L. Gebnon,

First Deputy Commissioner.



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(2) STATISTICS OF FACTORY INSPECTIONf

WORK OF FACTORY INSPECTORS

Ybab Endod Sbptbmbbr 30, 1915

First Second

Inspection Inspection Total

Number of regular inspections of : District District State 1914

Factories occupying whole buildings 4,659 9, 164 13,723 13,235

Tenant factories 20,607 4,841 25,348 32,608

Bakeries 123 1,802 1,925 2,090

Total 25.189 15,807 40,996 47,933

Number of spemal inspections (with or without

orders) 2,764 4,105 6,869 14,759

Number of complaints investigated 2,089 207 2,296 6.380

Number of compliance visits:

First visits...... 22,608 8,867 31,375 83,513

Subsequent visits 22,127 8,797 30,924 ^,614

Total 44,635 17,664 62,299 117,127

Number of t,agging cases (exclusive of "assisting") :

Section 95 235 5 240 871

Section 114 35 2 37 11

Section 81 4 15 19 13

. Section 19 10

Total 274 22 296 905

Number of miscellaneous matters 42,203 9,717 51,920 52,464

t Compiled by Burean of Statistics and Information.

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64 New York State Department of Labor

ORDERS issued BY THE DIVISION OF FACTORY INSPECTION AND REPORTED

SuBjcer OF Ordbbs



I. Adminibtration:

1. Posting of laws, ];)ermit8, notices, etc

2. Keeping of recaroe, registers, etc

3. Reporting to Department

4. Interfering with inspector

II. Sanitation: (a)

1. Toilet facilities:

a. Water closets

b. Wash rooms

c. Dressing rooms

2. Cleanliness or repair of workrooms, halls, etc.

3. Ventilation, heat and humidity:

a. General

b. Removal of dust, fumes, etc

4. Lighting

5. Meals

6. Drinking water

7. Sanitation of living quarters

III. Accident Prbvention:

1. Elevators and hoistways

2. Machinery (including vats, pans, etc.)

3. Switchboards

4. Stairs, pits, floors, etc. (including repairs)

5. lightjjig to prevent accidents

IV. Fire Protection:

1. Structural conditions:

a. Number of exits

b. Doors, doorways and windows

c. Stairways

d. Fire escapes

e. Partitions

f. Openings

g. Other or general

2. Clear means of egressf

3. Fire alarms and drills (b) ,

4. Waste and inflammable materuds

6. Gas jets

6. Smoking (6)

7. Sprinklers (6)

8. Number of occui>ants

9. Fire escapes other than structural conditions .
10. Provide fire extinguisher

V. Children:

1. Under 14 years (c)

2. From 14 to 16 years:

a. Certificate (c) ,

b. Hours (c)

c. Prohibited occupations

VI. Women and Male Minors:

1. Hours

2. Prohibited occupations

3. Employment after childbirth

4. Seats for women



Note — For footnotes see following pages.



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Eeport of the Industrial Commission, 1915 65

cx>mpliances therewith from october 1, 1914, to september 30. 1915



NUMBXR OF ObDBBS IsSUBD IN —


Nttmbbb or




Inspection

Dwtrict

No. 1


Inspection
District
No. 2


Total
State


Inspection

iHstrict

No. 1


Inspection

District

No. 2


Total

State


27,808

27,420

208

176


6,288

6,666

646

126


84,041

'754
301


27,471

27,143

170

158


4,988

4.668

206

119


82,464

31.801

376

277


24.160

13,673
1,659
2,328
5,800

79
452
27
67
76


17,268

7.366
2,494
1,244
4,123

87

1,499

10

370

86


41 M8

21.029
4,153
3,672
9,923

166

1,961

37

427

160


17,451

9,483

996

1,438

5.104

50

260

24

47

69


16,796

6,971
2,109
1,111
4,814

71

1,266

31

371

51

1

28,849

4,441

16,800

726

1,619

363

8,280

255

1.701

72

671

8

6

1

4.605


84.H7

1&,454
3.106
2,649
9.918

121

1.^6

65

418

110

1


20,068
6,629

11.607
239
801
877

26,247

4,589
3.624
3,711

230
1,701

163


80,689

8.480

19.874

366

1,699

371

7,468

1,596

1,273

379

62

62

40

18

2,962


60,742

15,009

31,481

604

2,400

1,248

88,710

6,185

4,897

4,090

292

1,763

203

18

11,130

(6) 13

2,366

1,206

Q>)

719

818

4

(0 '

[1:::::::::


14,M80

3,069

9.860

222

604

645

19,148

246

3.729

246

1.608

77

47


88,129

7.500

26.650

948

2.123

908

27,878

601

6,430

318

2.279

85

53

1


8,178
13


9.644


14.249
(6)


1,674
1.130


692
76

7


1.586
1.376


701

116

4


2.286

1.491

(b)4






(6) .


667
567


62
261

4

4


313
277


10
80

1

16


323

367

1




5


19




(c)...










(c)... .










(c):::::::::::




4

249

215

4


4

418

318

6


3

118
48


16

227

174

7


19


103
1


7








60


30


90


65


46


111



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66 New Yobk State Department of Labor

orders issued and reported

Subject op Orders



VII. Miscellaneous:

1. Payment of wages.. .

2. Day of rest

3. First aid appliances .

4. Screens for stairs.. . .

Total



* The number of inspections on which these orders were issued was 24,130 in the first district,
11,666 in the second, and 35.706 for the State.

t "Locked doors" are not included in this entry for the reason that the Department does not
issue orders when doors are found locked^ during uie course of an inspection. Ihroseoution imme-
diately ensues. There were 65 instances in the first district and 9 instances in the second in which
locked doors were found by inspectors.

(a) During the fiscal year ended September 30, 1915, there were referred to the Health Depart-
ment of the first class cities the following orders:

Referred by the First Inspection District to the Health Department of New York City, 428

orders concerning bakeries, mainly relating to sanitation;
Referred by the Second Inspection District to the Health Department of Buffalo, 16 orders

concerning bakeries, mainly relating to sanitation;
Referred by the Second Inspection District to the Health Department of Rochester, 47
orders concerning bakeries, mainly relating to sanitation.



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Ebpobt of the Industrial Commission, 1915 6Y

COMPLIANCES — {Continued)



NuMBBB OP Orders Issukd in —


Number of (




Inspection

Diistrict

No. 1


Inspection

District

No. 2


Total
State


Inspection

Dwtrict

No. 1


Inspection

District

No. 2


Total
State


t,94S

29

2.679

315

20


697

54

531

109

3


3.110

424

23


2,S96

14

2,239

115

28


7S4
24

656

49

5


SJSO
38

2,895

164

33


♦101,360


*62,608


♦163.968


80,862


54.835


135,697



(b) The law concerning this subject is enforced in New York City bv the fire commissioner, not
by the Department of Labor. Elsewhere throughout the State, the State Flre'Marehal enforced
the provisions of the law concerning this subject until February 15. 1915, when that Department
was abolished (Chapter 4, L. 1915). On April 21. 1915 (Chapter 347, L. 1915) the Department of
Labor was charged with that duty.

During the fiscal year ended September 30, 1915, the following orders were referred to the re-
spective officials:



of



Fire alarms

Fire drills

Sprinklers

Smoking *

Waste and inflammable material

Explosives and blasting in quarries.
Bouers in quarries



Referred bv First In-
spection District to
Fire Commissioner
New York City:
1,606
538
182
55
9



Referred by Second
Inspection District
to StAte Fire Mar-
shal:



11



(c) See separate tabulation for children found illegally employed (except " prohibited
occupations ).



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68 New York State Depabtmeht of Laboiel

prosecutions for violations of



Subject or Law InyoI/Tkd



FiRflT Inbpbction DnTuer



Num-
ber
of



t 30, 1915



Pend-
ing



Dis-



ao-
quitted
or with-
drawn*



Cenvioted



Sen-
tence
sns-
pended



Fined



Fines



U. Sanitation
1. Tdlet fadUties:

a. Water closets


4


1


4

25
2
2

m

2
4
1

4

(1)

i


A. Pn

4
3
1

1

1

1

4
2

12

""2
3

1
1


>ceeding
....

2

1
....

2

5

1

1

2

1
1

6

"3
3


s Instituted


2. Qeanlinees or repair of workrooms, halls, etc

3. Ventilation, heat and humidity:

h Tlpinovftl of d^iflt. fiiiTi69. 6tCt




III. AcciDXNT Pbbvbntion


31
6
3

104
31


$100 00


S! I^TAf^hifiATv rindii<linir VAtfii T>Anii. 6tc^ ...............


25 00


5 Tiiirhtinflr to nrevent ftOfiiHentii. ,.,.,, ^




IV. FiBB Pbotbction.
1. Structural conditions:


100 00


d. Fire escapes




St. Other or sentfal




2. Clear means of egress:

a. Locked doors


8
5

1
4

1

6
3

1

19


220 00


b. Other


20 00






R. Number of occunantSr . . . . - r - . - 1 - r - - . .




V. Childbbn
1. Under 14 years


20 00


2. From 14 to 16 years:

R, OertJfi<Mitreff , _ ,


75 00


b. Hours


20 00


0. Prohibited occupations


50 00


VI. Women and Male Minobs
1. Hours


150 00


VII. Miscellaneous
1. Payment of wages




2. Day of rest


5

7

1
1




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