Part 12 (1/2)

Both in regulation and administration all these exceptions to protective legislation should be dealt with in a very guarded manner. Moreover they must be enforced on a uniform and widely diffused system, and they ought to afford a real protection to the fair and just employer against his more unscrupulous compet.i.tors.

Both these considerations--the strict limitation and uniform administration required for these exceptions--render it imperative that the regulation by law should be, so far as practicable, very careful and minute. Moreover it is requisite that the principle on which the administration has to act in dealing with exceptions shall be laid down as definitely as possible, and further that protective enactments shall be interpreted in a uniform manner by the organs of local government (_Bundesrath_), and finally that there should be general uniformity of method, both in the instructions given and in the supervision exercised by the intermediate courts of Labour Protection to the local authorities.

Much may be done in the way of effectual limitation of exceptions by dealing individually with the separate kinds of employment, in the matter of Sunday rest and alternating s.h.i.+fts. In the Dusseldorf district it has been proved by experience that by specialising the exceptions, Sunday rest may be granted to a large percentage of the workmen even in the excepted industries themselves (gas works, brick and tile kilns, etc.).

The special instruments of administration for the regulation of exceptions to this kind of protection are the certificate of permission, the entry in the register of exceptions, and the public factory rules.

The industrial inspector is entrusted with the supervision of the exceptions; but the a.s.sistance of the employer is very desirable, and is frequently offered, as it is to his interest that the application shall be just and uniform.

The central union of embroiderers in East Switzerland and the Vorarlberg district, _e.g._ which was formed in 1855, and which now includes nearly all the houses of business, supervises the strict adhesion to the 11 hours rule, by sending special inspectors into the most remote mountain districts, and imposing fines for non-observance to the amount of from 200 to 300 francs (_Hitze_).

CHAPTER VIII.

PROTECTION IN OCCUPATION, PROTECTION OF TRUCK AND CONTRACT.

(A) _Protection in occupation._

Protection in occupation is directed towards the personal, bodily and moral preservation of wage-earners against special risks incurred during the performance of their work. Protection in occupation is already afforded to a certain degree by Labour Insurance, in the form of Insurance against accidents and sickness.

The bodily and moral preservation of those engaged in business forms no new department of Labour Protection. It has long been more or less completely provided for by the Industrial Regulations and by special labour protective legislation in almost all civilised countries.

Protection in occupation is afforded by the enactments dealing with dangerous occupations, with the regulations of business, with the management of business, with the workrooms and eating and dressing rooms, and with the provision of lavatories. In the Imp. Ind. Code Amendment Bill the task of protection in occupation is formulated thus: ”-- 120_a_, Employers of industry shall be bound so to arrange and keep in order their workrooms, business plant, machinery and tools, and so to regulate their business, that the workers may be protected from danger to life and health, in so far as the nature of the business may permit.

Special attention shall be paid to the provision of a sufficient supply of light, a sufficient cubic s.p.a.ce of air and ventilation, the removal of all dust arising from the work and of all smoke and gases developed thereby; and care must be taken in case of accidents arising from these causes. Such arrangements shall be made as may be necessary for the protection of the workmen against dangerous contact with the machines or parts of the machinery, or against other dangers arising from the nature of the place of business, or of the business itself, and especially against all dangers of fire in the factory. Lastly, all such rules shall be issued for the regulation of business and the conduct of the workers, as may be necessary to render the business free from danger.

”-- 120_b_. Employers of industry shall be bound to make and to maintain such arrangements and to issue such rules for the conduct of the workers as may be necessary to ensure the maintenance of good morals and decency. And, especially, separation of the s.e.xes in their work shall be enforced, in so far as the nature of the business may permit. In establishments where the nature of the business renders it necessary for the workers to change their clothes and wash after their work, separate rooms for dressing and was.h.i.+ng shall be provided for the two s.e.xes. Such lavatories shall be provided as shall suffice for the number of workers, and shall fulfil all requirements of health, and they shall be so arranged that they may be used without offence to decency and convenience.

”-- 120_c_. Employers of industry who engage workers under 18 years of age shall be bound, in the arrangement of their places of business and in the regulation of their business, to take such special precautions for the maintenance of health and good morals as may be demanded by the age of the workers.

”-- 120_d_. The police magistrates are empowered to enforce by order the carrying out in separate establishments of such measures as may appear to be necessary for the maintenance of the principles laid down in -- 120 to -- 120_c_, and such as may be compatible with the nature of the establishment. They may order that suitable rooms, heated in the cold season, shall be provided free of cost, in which the workers may take their meals outside the workrooms. A reasonable delay must be allowed for the execution of such orders, unless they be directed to the removal of a pressing danger threatening life or health. In establishments already existing before the pa.s.sing of this Act only such orders shall be issued as may be necessary for the removals of grave evils dangerous to the life, health or morals of the workers, and only such as can be carried out without disproportionate expense: but this shall not apply to extensions or outbuildings hereafter added to the establishment.

Appeal to a higher court of administration may be made within 3 weeks by the employer.

”-- 120_e_. By order of the _Bundesrath_ directions may be issued showing what requirements may be necessary in certain kinds of establishments, for the maintenance of the principles laid down in ---- 120_a_ to 120_e_.

Where no such directions are issued by order of the _Bundesrath_, they may be issued by order of the Central Provincial Courts, or by police regulations of the courts empowered with such authority, under -- 81 of the Accident Insurance Act of July 6th, 1884.”

This formulary may be considered specially successful and almost conclusive.

The insertion of the foregoing clauses in the general portion of chap.

vii. of the Imp. Ind. Code Amendment Bill ensures such protection in occupation as is adequate to all necessities of life, to the whole body of industrial work included within the sphere of the Industrial Code.

One item of Labour Protection in occupation might be supposed to consist in guarding against over-exertion, by means of the abolition of piece-work and ”efficiency wage.” But this claim, in so far as we find it prevailing in the Labour world, is made more on grounds of wage policy than as a necessary measure of protection. The economic advantages to the workers themselves of these methods of payment are so great that the abolition of ”efficiency wage” is not, I think, required either on grounds of wage policy or of protective policy. We must, however, pa.s.s over the consideration of this question, whilst admitting that there is still a great deal to be done in this direction by means of free self-help and mutual help.

(B) _Protection of intercourse in service, Truck Protection in particular._

To protection in occupation must be added--as a last measure of the protection of labour against material dangers--protection of the wage-worker in his personal and social intercourse outside the limits of his business with the employer and his family, and with the managers and foremen. In default of a better term, we have called this protection of intercourse in service.