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I am not familiar with the process of "codes," as I have heard them called, but assume that they are similar to our regulations.

We have regulatory authority in most of our divisions, but the one in which you are most interested, no doubt, is the Division of Industrial Safety.

The Division of Industrial Safety of the Massachusetts Department of Labor and Industries is, in our opinion, a model division of industrial safety within a department of labor.

The division, as you will note by the title, does not merely represent labor, it also performs a service for industry. By statute, this division has the responsibility and authority to investigate employments and places of employment from time to time for the purpose of enforcing the statutes, rules, and regulations for the prevention of accidents and occupational diseases.

Sections 6, 7, and 8 of chapter 149 requirements:

SEC. 6.—It shall investigate from time to time employments, and places of employment, and determine what suitable safety devices or other reasonable means or requirements for the prevention of accidents shall be adopted or followed in any or all such employments or places of employment; and also shall determine what suitable devices or other reasonable means or requirements for the prevention of industrial or occupational diseases shall be adopted or followed in any or all such employments or places of employment; and shall make reasonable rules, regulations, and orders for the prevention of accidents and the prevention of industrial or occupational diseases, and rules and regulations pertaining to structural painting, hereunder may provide for the payment of reasonable fees.

All fees collected prior to the effective date of this act under the assumed authority of rules and regulations pertaining to structural painting adopted under said section 6 are hereby declared to have been legally imposed, to the same extent as though this act had been in effect at the time of such adoption.

The rules and regulations for suitable safety devices or other reasonable means or requirements for the prevention of accidents shall also be applicable to self-employed and individual contractors who themselves work at the trade as well as to employees.

Whoever violates any reasonable rule, regulation, or requirement made by the department under authority hereof shall be punished by a fine of not more than $100 for each offense. The department or its representative or any person aggrieved, any interested party or any officer of any labor union or association, whether incorporated or otherwise, may file a written complaint with the district court in the jurisdiction of which the violation occurs.

The provisions of this section and of sections 3 and 5 shall not apply to any employment or place of employment subject to the provisions of section 28 of chapter 7.

SEC. 7.—The commissioner, assistant commissioner, and associate commissioners of the department may appoint committees, on investigations and recommend rules and regulations.

Sec. 8.—Before adopting any rule or regulation under section 6, a public hearing shall be given, and not less than 10 days before the hearing a notice thereof shall be published in at least three newspapers, of which one shall be published in Boston. Such rules or regulations when approved by the associate commissioners, and the assistant commissioner, shall, subject to section 37 of chapter 30, take effect 30 days after such approval or at such later time as the associate commissioners and the assistant commissioner may fix. Before adopting any order a hearing shall be given thereon, of which a notice of not less than 10 days shall be given to the persons affected thereby.

[NOTE: In compliance with sections 6, 7, and 8 of chapter 149, continuing examination and review of rules and regulations is conducted by the Division of Industrial Safety.]

Any person affected by an order, rule, or regulation of the department may appeal not less than 10 days after the notice of the order of taking effect of the rules or regulations.

The appeal is by statute directed to the Department of Labor and Industries.

Except for the director, all positions are subject to civil service lists and examinations.

The division is frequently requested by the Federal Government and other agencies of the State Government to assist in areas of industrial safety not subject to the statutes.

The responsibilities of this division are tremendous in view of the increase in technological changes in industry and the expansion of the number of concerns located within the Commonwealth of Massachusetts. Already 2 million are provided services by the division in the interest of accident prevention and protection of health.

Employers frequently request advice from the department and the department's inspectors in eliminating hazards, thus reducing manhours lost as a result of accidents and the resulting cost to the employer.

Frequently, conferences are conducted by inspectors in their respective districts with both labor and management in the interest of recognizing safety programs.

At the present time, our so-called constrụction bulletin containing the rules and regulations applicable to building construction is being reviewed and revised. Various other codes are also being studied for revision and updating.

The Division of Industrial Safety has 22 industrial bulletins containing rules and regulations pertaining to various industries, and an additional code is in the process of being promulgated.

The Division of Industrial Safety is staffed by a director, a supervising industrial inspector on building operations, a radiation control supervisor, and five senior industrial inspectors assigned to five branch offices. These branch offices are located in various sections of the Commonwealth and are in addition to the central office at the State Office Building, Government Center, 100 Cambridge St., Boston, Mass. There are 28 industrial inspectors, 17 industrial inspectors on building operations, and a wage investigator.

The entrance qualifications and requirements for all personnel in the inspectional staff are:

Applicants must have either (a) 5 years of practical full-time, paid mechanical experience in factory or manufacturing establishments, not less than 3 years of which must have involved supervisory responsibility for the safety of employees in such industrial establishments; or (b) 3 years of full-time, paid supervisory experience in safety engineering in a factory or manufacturing establishment or in the safety engineering department of an insurance or engineering company concerned with industrial plant safety. Substitution : graduation from a recognized college or school of engineering with a bachelor's degree in mechanical, electrical, chemical, civil, or industrial engineering may be substituted for a maximum of 3 years of any of the experience described under (a) above, or may be substituted for a maximum of 2 years of the experience described under (6) above. Satisfactory combination of the experience described in (a) and (b), or of such experience with graduation from a recognized college or school of engineering, with a bachelor's degree in mechanical, electrical, chemical, civil, or industrial engineering may be substituted for the required experience.

The annual salary of a director ranges from a minimum of $10,701.60 to a maximum of $13,603.20.

Annual salaries for industrial inspectors, and industrial inspectors on building operations, range from a starting salary of $6,864.00 to a maximum of $8,673.60.

Senior inspectors receive a minimum of $7,350.20 with a maximum annual salary of $9,331.40.

The supervising industrial inspector and the supervising industrial inspector on building operations receive a minimum annual salary of $8,309.60, and a maximum salary of $10,540.40.

Rules and regulations are adopted in compliance with the provisions of chapter 149 of the general laws. These rules and regulations vary, to a large extent, depending on the hazards involved in the particular occupation or industry.

Rules and regulations definitely should not be of a general nature, inasmuch as they frequently apply to one type of industry and not to others.

Relative to administrative statistics controlling workload data, inspectors submit form reports on each establishment visited. This is a detailed form containing information pertaining to health, safety, and sanitation.

Additional statistical data are provided in these reports since all other provisions of chapter 149, such as hours of work and number of employees (by sex and age), are included.

In addition to the form report relative to individual concerns or operations, a daily summary is submitted by each inspector listing each visit made, complete statistical data as to number of firms or operations, with description and classification, number of employees by sex and age, and written orders, if any, issued to the firms requiring elimination of hazards and other violations of the statutes.

The daily summaries are reviewed by the supervising inspectors and the director, in the interest of developing good workload data.

Inspectors are assigned to specific districts, and these districts are reviewed from time to time to assure maximum efficiency by the Division of Industrial Safety.

In the further interest of preventing accidents and occupational diseases, we are presently asking the legislature to increase the number of inspectors so we may reduce the size of the districts.

The Division of Industrial Safety, by agreement with the U.S. Department of Labor, conducts so-called Walsh-Healy inspections of various establishments performing contractual work for the Federal Government. Such inspections determine whether a firm is in strict compliance with all health, safety, and sanitation requirements of Massachusetts statutes and whether other provisions of the Walsh-Healy Act have been complied with. A large number of such inspections are requested by the U.S. Department of Labor. Upon completion of the inspection, a report is forwarded to the U.S. Department of Labor certifying that the concern is in compliance with or in violation of the provisions of the act.

Virtually all types of industry having such contracts with the Federal Government are inspected. Followup visits are made by the inspector when violations or hazards of occupational disease laws, rules, and regulations have been noted.

In establishments where such violations are noted, written orders are issued and the concern is given a specific date for compliance. A preliminary report is submitted to the Federal Government advising that written orders have been issued. On the date given for compliance, a reinspection visit is made, and a second report is submitted to the U.S. Department of Labor. There has been an excellent spirit of cooperation through the years between the U.S. Department of Labor and the Massachusetts Department of Labor and Industries' Division of Industrial Safety.

In conclusion, may I point out that Massachusetts was a pioneer in the field of industrial safety and continues to enjoy an outstanding record in accident prevention.

256-592 0-07

President CATHERWOOD. Thank you, Commissioner Alberto. It is good to have the first participant on the panel to present such a comprehensive treatment of the safety function as you did.

Our next participant is Ray Anderson, Deputy Minister from Nova Scotia, with whom we are all acquainted.

R. E. ANDERSON, Deputy Minister, Nova Scotia Department of Labour

I am grateful for the invitation extended by Chairman Ernie Webb to participate in a panel discussion on industrial safety, and to tell you something about the operation of industrial safety programs in Canada.

The majority of Provinces in Canada have safety legislation similar to that in effect in the Province of Nova Scotia, and the administrative setup is about the same. I think, therefore, it would suffice, for the purpose of this discussion, to tell you about the operations of the Industrial Safety Division of the Department of Labour in Nova Scotia. I might say that in some of the other Provinces, the nomenclature of the safety division of the Department of Labour may vary from our own but the legislation which is administered is very similar in scope.

The Industrial Safety Division of the Department of Labour of Nova Scotia is made up of four sections, each section being responsible for the administration of a specific act of the legislature.

The engine operators section administers the Engine Operators Act (called Stationary Engineers Act in some Canadian Provinces). The section functions by means of a part-time board, consisting of a chairman and two other members plus related full time staff. The certification of persons engaged in the operation of steam boilers, steam engine, steam turbines, compressors, refrigeration, and hoisting plants is the general area of the scope of the engine operators board.

The boiler inspection section is responsible for the administration of the Steam Boiler, Pressure Vessel and Refrigeration Plant Inspection Act, and for the certification of welders employed in pressure work. The demands on the section are excessive at this time because of major additions to industry in the fields of pulp and paper, oil refining, heavy water, public utilities, etc. All equipment subject to the act must be constructed and inspected according to recognized codes. Subsequent inspection upon installation is carried out by the boiler inspection section. Routine inspections of existing equipment is carried out on a regular basis, the interval between inspections varying according to the type of service to which the vessels are subjected.

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