accident; but if there be more than one such condition or circumstance, then to the one most easily preventable. The question of remote initiating cause or of personal responsibility was ignored as in most cases impossible of determination and after all often a matter of personal judgment. The immediate cause as defined by the committee is the tangible fact capable of definite ascertainment. To go further would be to venture into the field of speculation, where personal bias would too often determine the result.

The committee's. . . .classification includes eleven general headings and several hundred sub-headings, in addition to a classification of power work machines with about three hundred sub-headings.

The committee's classification of causes does not include the desirable sub-headings under the general head Poisonous Substances and Occupational Diseases. This is due to the lack of experience data which will permit the preparation of the desired lists.

Classification by location and nature of injury refers to the injury sustained at the time of the accident, as distinguished from the result or consequences of the accident. The location of injury classification follows the common anatomical divisions, beginning with the head and ending with the feet. Rules of practice were also adopted to guard against a variety of interpretations.

The classification of extent of disability refers merely to the classification into temporary total or partial disability, permanent total or partial disability, and fatal, distinction being made between those permanent disabilities which are dismemberments and those which result in impairment of function.

The classification of degree of partial disability is for the purpose of giving a measure of the partial disability where the character of the compensation act permits. Under some of the laws, however, where the compensation is based on loss of earnings, no determination of the degree of partial disability is ever made..

A considerable number of commissions have made a beginning in putting the committee's recommendations into effect and year by year better and more adequate statistics are put forth, including valuable special studies. The questions concerning proposed amendments to the laws and their probable effect, with which commissions and legislators are constantly confronted, will gradually force a continuous study and analysis of the facts of actual experience in a systematic manner which is the purpose of all statistical work.

B

NEW JERSEY ACCIDENT REPORTING LAW11

1. Upon the happening of any accident or the occurrence of any compensable occupational disease in any employment of labor in this State, report thereof shall be made as follows:

Any employer carrying insurance as required by chapter 178 of the Laws of 1917, shall, when an accident occurs to one of his employees, or an employee contracts a compensable occupational dis ease, make report thereof in accordance with the terms of his insurance policy. Such report shall be prepared in triplicate upon a form, designated as "First Notice of Accident," to be furnished by the insurance carrier. One copy shall be sent to the Department of Labor of the State, one copy to the insurance carrier, and one copy shall be kept on file by the employer. A supplemental report shall be prepared on a form designated as "Supplemental Report," and sent in like manner, at the expiration of the waiting period prescribed by paragraph thirteen of the Workmen's Compensation Act. If, however, the employee is able to resume work before the expiration of said waiting period, the supplemental report shall be sent immediately upon his return. Thereafter the employer shall promptly furnish the carrier whatever information is demanded and necessary to enable it to carry out the intent of the Workmen's Compensation Act. These reports on the First Notice and Supplemental Forms, filed with the State, must be signed by the employer and mailed by him directly to the Workmen's Compensation Bureau, as a check on the operations of the insurance company.

2. Any employer not carrying compensation insurance, shall make report of any accident or compensable occupational disease causing a disability extending beyond the waiting period prescribed by paragraph thirteen of the Workmen's Compensation Act, or causing any permanent injury. Such report shall be prepared and sent immediately upon the employer's having knowledge of the disability or injury named above, and shall be made out in duplicate upon forms to be secured from the Workmen's Compensation Bureau. One copy shall be mailed to the above bureau and one copy kept on file by the employer. Within three weeks after the accident or the obtaining of knowledge of compensable occupational disease, the employer operating under section II of the compensation act, shall send to the 41 New Jersey, Laws of 1934, chap. 187.

Workmen's Compensation Bureau a second report containing a statement of wages and an agreement to care for the case according to the terms of the compensation law. This form shall be signed by the employee as provided thereon and by the employer. Immediately upon the employee's recovering so as to be able to resume work, the employer shall file with the bureau a final report, setting forth the length of disability, the nature and extent of permanent injury, if any, and the compensation payable for each. This form shall also be signed by the employer and the employee.

3. Every insurance carrier, writing workmen's compensation insurance in this State, shall make report of accident, or compensable occupational disease, as follows. Immediately upon receiving knowledge of an accident to an employee, or the contracting of a compensable occupational disease, causing a disability extending beyond the waiting period prescribed by paragraph thirteen of the Workmen's Compensation Act, or causing any permanent injury, the company insuring the employer of such employee, shall at once make report to the Workmen's Compensation Bureau on a form prescribed by said bureau. Within three weeks after the carrier has learned of the accident or the contraction of such disease, such carrier shall send to the bureau a second report containing a statement of wages and an agreement to care for the case according to the terms of the compensation law. This report shall be signed by the employee as provided thereon and by the employer or insurance carrier. Immediately upon the carrier's learning that the employee has recovered so as to be able to resume work, the carrier shall prepare a final report, and take such steps as are necessary to have it signed by the employee as provided thereon. This form shall also be signed by the employer or carrier and sent to the bureau as promptly as possible. When an employee refuses to sign any of the required forms, such fact shall be noted on the blank at the point where the signature should be placed, and the forms filed with the bureau. These forms shall be fully prepared before presentation to the employee for his signature. It shall be unlawful to request or direct any injured employee to sign blank forms to be later filled out and filed with the bureau.

4. The First Reports of Accidents filed with the Workmen's Compensation Bureau, in accordance with this act, shall not be made public, and shall not be open to inspection unless, in the opinion of the Commissioner of Labor, some public interest shall so require,

and such reports shall not be used as evidence against any employer in any suit or action at law brought by an employee for the recovery of damages.

5. As a part of the necessary medical service required by the compensation law, the employer or insurance carrier shall, when directed so to do, file with the Workmen's Compensation Bureau copies of such medical certificates or reports as it may have on file.

6. [Provides penalties for non-compliance with the provisions of the act.]

7. The Workmen's Compensation Bureau is authorized to make such rules and regulations as may be necessary to carry out the purpose of this act, and the bureau is hereby directed to keep on file the agreements filed with it for a period of eight years. Any agreement, however, covering a period greater than eight years shall be kept on file for the full term of such agreement.

QUESTIONS

1. "The organization of an elaborate system of accident reports and statistics is a waste of time that might better be used in the prevention of industrial accidents." Do you agree?

2. How may more complete reporting of industrial accidents make possible more efficient compensation insurance?

3. On what grounds has a state the right to compel its employers to report all accidents?

4. Does the New Jersey statute, quoted above, require that all industrial accidents be reported?

5. Of what importance is an efficient system of industrial accident reporting?

6. What items must be included in accident reports to make them of value?

7. Suggest uses that may be made of facts compiled from accident reports.

8. Is there any good reason for requiring more than one report from the employer concerning each accident?

9. To what extent must occupational diseases be reported under the New Jersey law? To how great an extent would they be reported under an ideal law?

10. Why are the "First Reports of Accidents" required by the New Jersey law not made available as evidence in a suit brought by the employee for the recovery of damages?

11. Compare the accident-reporting statute of your state with that of New Jersey.

D. ADMINISTRATION OF SAFETY AND HEALTH REGULATIONS

A

42

PERTINENT SECTIONS OF THE NEW YORK LABOR LAW12

§10. The department of labor is continued. The head of the department shall be the industrial commissioner. The industrial commissioner shall be appointed by the governor, by and with the advice and consent of the senate. The term of office of the commissioner shall be four years, except that the term of the commissioner first appointed hereunder shall expire January first, nineteen hundred and twenty-five.

§11. There shall be a deputy commissioner, who shall be appointed by and removed at the pleasure of the commissioner.

§12. There shall be in the department an industrial board consisting of three members. The members of such board shall be appointed by the governor, by and with the advice and consent of the senate, one of whom shall be designated by the governor as chairman. Upon the appointment of a successor to the chairman, the governor shall designate such successor or other member of the board as chairman. The term of office of a member of such board shall be six years, except that the terms of the members first appointed shall expire, one on January first, nineteen hundred and twenty-three, one on January first, nineteen hundred and twenty-five, and one on January first, nineteen hundred and twenty-seven.

[Section 17 provides for the payment of annual salaries to the commissioner ($8,000), deputy commissioner ($7,000), and each member of the industrial board ($8,000). Necessary traveling and other expenses of the officers and employees of the department are to be paid under certain conditions.

Sections 18 and 20 give to the commissioner power to establish necessary divisions or bureaus within the department. He is given authority to appoint such officers and employees as shall be necessary for the performance of the duties of the department.]

$20. Existing divisions or bureaus in the department shall continue until changed, consolidated, or abolished pursuant to this section. The commissioner may establish such divisions or bureaus as may be necessary for the administration and operation of the department, under this chapter, and may change, consolidate or abolish 42 Cahill's Consolidated Laws of New York, 1923, pp. 1189-1192.