3. Suggest other ways of preventing men from being employed in occupations which are dangerous to their health. 4. Why is it easier for the courts to uphold legislation preventing the employment of men where they will be dangerous to their fellow employees than it is to uphold legislation preventing a man from doing work which is dangerous to himself alone? 5. How does the white phosphorus act accomplish its object? 6. Would the courts uphold the white phosphorus act? 7. Are there any dangers in state or in federal legislation excluding men from certain occupations? B. REGULATION OF PHYSICAL CONDITIONS OF EMPLOYMENT I. FACTORIES AND WORKSHOPS A WISCONSIN STATUTES REGULATING FACTORIES11 Sec. 2394-42. There is hereby created a board which shall be known as the "Industrial Commission of Wisconsin.” . . . Sec. 2394-48. Every employer shall furnish employment which shall be safe for the employees therein and shall furnish a place of employment which shall be safe for employees therein and for frequenters thereof and shall furnish and use safety devices and safeguards, and shall adopt and use methods and processes reasonably adequate to render such employment and place of employment safe, and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of such employees and frequenters. Every employer and every owner of a place of employment or a public building now or hereafter constructed shall so construct, repair or maintain such place of employment or public building, and every architect shall so prepare the plans for the construction of such place of employment or public building, as to render the same safe. Sec. 2394-49. I. No employer shall require, permit or suffer any employee to go or be in any employment or place of employment which is not safe, and no such employer shall fail to furnish, provide and use safety devices and safeguards, or fail to adopt and use methods and processes reasonably adequate to render such employment and place 11 Wisconsin Statutes, 1915, sections 2394-42, 48, 49, 51, 52. [These sections are quoted simply as examples of safety legislation of the more modern type. Attention should be paid to the statutes of the states in which the student is particularly interested.] of employment safe, and no such employer shall fail or neglect to do every other thing reasonably necessary to protect the life, health, safety or welfare of such employees and frequenters; and no employer or owner, or other person shall hereafter construct or occupy or maintain any place of employment, or public building, that is not safe, nor prepare plans which shall fail to provide for making the same safe. 2. No employee shall remove, displace, damage, destroy or carry off any safety device or safeguard furnished and provided for use in any employment or place of employment, nor interfere in any way with the use thereof by any other person, nor shall any such employee interfere with the use of any method or process adopted for the protection of any employee in such employment or place of employment or frequenter of such place of employment, nor fail or neglect to do every other thing reasonably necessary to protect the life, health, safety or welfare of such employees or frequenters. Sec. 2394-51. The industrial commission is vested with the power and jurisdiction to have such supervision of every employment, place of employment and public building in this State as may be necessary adequately to enforce and administer all laws and all lawful orders requiring such employment, place of employment or public building to be safe, and requiring the protection of the life, health, safety and welfare of every employee in such employment or place of employment and every frequenter of such place of employment, and the safety of the public or tenants in any such public building. Sec. 2394-52. 1. It shall also be the duty of the industrial commission, and it shall have power, jurisdiction and authority: (3) To investigate, ascertain, declare and prescribe what safety devices, safeguards or other means or methods of protection are best adapted to render the employees of every employment and place of employment and frequenters of every place of employment safe, and to protect their welfare as required by law or lawful orders, and to establish and maintain museums of safety and hygiene in which shall be exhibited safety devices, safeguards and other means and methods for the protection of life, health, safety and welfare of employees. (4) To ascertain and fix such reasonable standards and to prescribe, modify and enforce such reasonable orders for the adoption of safety devices, safeguards and other means or methods of protection to be as nearly uniform as possible, as may be necessary to carry out all laws and lawful orders relative to the protection of the life, health, safety and welfare of employees in employments and places of employment or frequenters of places of employment. (5) To ascertain, fix and order such reasonable standards, rules or regulations for the construction, repair and maintenance of places of employment and public buildings, as shall render them safe. B ORDERS OF THE INDUSTRIAL COMMISSION OF Order 1. All belts, ropes or chain driving machinery or shafting, and all secondary belts, ropes or chains; in short, all belts, ropes or chains exposed to contact, except belts which are so small or those which move so slowly that there is no possibility of danger, must be guarded. In all cases the point where the belt, rope or chain runs on to the pulley, sheave or sprocket, must be guarded. All horizontal belts, ropes or chains driving machinery or shafting, seven feet or less from the floor, where exposed to contact, must be guarded. Order 2. All pulleys over 18 inches in diameter, which are exposed to contact, must be guarded. Order 3. All machines, not individually motor driven, must be equipped with a loose pulley or a clutch or some other adequate means of stopping the machinery quickly. Order 13. All portable ladders must be equipped with steel points or steel feet on the bottom or other effective means of preventing slipping. Order 14. All passageways and gangways must be kept smooth and in good repair and free from nails or obstructions over which persons may stumble and fall. Order 15. All permanent elevated platforms in frequent use must. be equipped with a permanent stairway or stationary ladder. Ladders other than step ladders, used to gain access to elevated platforms not frequently used, must be provided with safety hooks at the top. Order 16. All elevated walks, runways or platforms, except on loading or unloading side of platforms, must be provided with a guard 12 Labor Laws of the State of Wisconsin and Orders of the Industrial Commission, 1920, pp. 50-55. [The orders quoted are selected at random to illustrate the various detailed regulations made by the Commission to secure better safety conditions in factories.] rail. A toe board must be provided to prevent parts from falling off. Order 18. All transmission shafting located in places of employment, where exposed to contact, must be guarded. Order 19. All sprockets exposed to contact, must be guarded. Order 20. All stairways must be equipped with handrails, and the rails must be kept smooth and free from nails and splinters. Where the stairway is not built next to the wall or partition, rails must be provided for both sides. Order 21. The crankshaft and crank disk on all engines, where exposed to contact, must be guarded. Order 22. All stair steps and platforms located on engines or large machines for the use of operators and oilers must have a rough or nonslip surface to prevent slipping. Order 33. All revolving stock which projects from the end of machines such as tool and turret lathes, and automatic machines, must be guarded. Order 34. All fans, when exposed to contact, must be guarded. Order 35. All revolving barrels, drums or cylinders, such as rattlers, cleaners, churns, etc., where dangerous and where exposed to contact, must be guarded. Order 36. All counterweights, where exposed to contact, must be guarded. Order 37. All overhead trolleys such as are used in shops, must be so constructed, or so guarded, as to make it impossible for the carriage to jump the track or run off the track at the end or at the switch. Order 38. Where valves in daily use which can not be operated from the floor are located higher than ten feet above the floor, a platform with stairs or stationary ladder must be provided. Order 39. On all machines where a moving part, such as the bed to a metal planer, leaves less than 18 inches between it and another object when it reaches the limit of its travel, such part, if exposed to contact, must be guarded. Order 40. The truck wheels of all overhead traveling cranes must be guarded. Order 56. In all public buildings and places of employment every window above the first story, or where the top of the window is more than 20 feet from the ground, except windows which are cleaned from within, must be provided with an efficient safety device to protect the window cleaner. Such safety device must consist of: (a) A safety belt must be provided for each window cleaner, which belt must be fastened at each end to a permanent attachment which must be bolted through the window frame and be secured by a nut and washer on the inside; or (b) A substantial, movable platform which is projected through the window for the window cleaner to stand upon and which is provided with a substantial railing; or (c) Other equally efficient device. Order 57. When a doorway or corner of a building is located near a railroad or trolley track so that a person is liable to suddenly and unexpectedly walk out onto the tracks in front of approaching engine or cars an efficient guard must be installed with a warning sign. C LANGOS v. MENASHA PAPER COMPANY Supreme Court of Wisconsin. 1914. 156 Wis. 418. SIEBECKER, J. The defendant contends that the trial court erred in denying its motions for a nonsuit and for a direction of the verdict in its favor, upon the grounds that the evidence in the case shows that the defendant furnished plaintiff a safe place of employment and that it adopted and used such methods and processes as were reasonably adequate to render his employment and place of employment safe. The statutes governing the case are embraced in ch. 485, Laws of 1911. [Subsection A of this section contains the provisions in question.] The section of this chapter which controls the rights of the parties has been considered in recent cases, and we refer to the case of Rosholt v. Worden-Allen Co. 155 Wis. 168, for an exposition of those parts that are applicable here. It is there declared: "Said Chapter 485 is applicable beyond any doubt to all employees and all employers in this state, excepting only such as are expressly exempted from its operation. Sec. 2394-48 requires every employer, among other things, to furnish a place of employment 'which shall be safe for employees.' Sec. 2394-49 provides that no employer 'shall require, permit or suffer any employee to go or be in any employment or place of employment which is not safe.' Sec. 2394-41 provides that "the term "safe" and "safety" as applied to an employment or a place of employment shall mean such freedom from danger to the life, health or safety of employees as the nature of the employ ment will reasonably permit'." . It is also declared in that case that these sections, in connection with |