develops gradually—In whose employment was the disease contracted?
Clearly in such a scheme of insurance against both accident and
industrial disease only specific industrial diseases would be included,
i.e. diseases in which the connection with the industry can be clearly
established as due to causes inherent in the industry, and traceable to
definite materials used. Such diseases as tuberculosis and the effects
of dust inhalation (bronchitis, &c.), which as industrial diseases occur
only too often, cannot be called specific, because they arise outside
the industry and make decision impossible as to whether or not in a
particular case the disease owed its origin to the occupation. In order
to determine what should be regarded as specific industrial poisons it
was deemed necessary to draw up a schedule. For one such list Sommerfeld
(in collaboration with Oliver and Putzeys) is responsible, Carozzi of
Milan for a second, and Fischer[F] for a third, published in 1910. Those
by Sommerfeld and Fischer are constructed in similar fashion—enumeration
of (1) the poisonous substance, (2) the industries in which it is made
or used, (3) the channel of absorption, and (4) the symptoms produced.
Sommerfeld enumerates the poisons in alphabetical order, noting against
each the requisite preventive measures, while Fischer adopts a chemical
classification, confining himself to general introductory remarks as to
prevention.
Sommerfeld proposes to limit notification to poisoning sharply
defined as to the symptoms set up, such as lead, phosphorus, mercury,
arsenic, chromium, carbonic oxide, aniline, benzene, nitrobenzene,
carbon bisulphide, and nitrous fumes. This simplifies the obligation
to notify, but does not dissipate the fears expressed above as to the
difficulty, because in the present development of the chemical industries
new substances involving new danger to the persons handling them are
constantly being discovered, and thus there can be no finality as to
which industrial poisonings should entitle to compensation. And if
recourse were had from time to time to additions of new substances to
the schedule, reliance would have to be placed on experience with regard
to each substance added, and thus the actual individual who had suffered
would not benefit. Fischer, indeed, acknowledges that any schedule must
be incomplete, and emphasises the fact that continual additions would
be necessary; otherwise it would be better to refrain altogether from
publication of a list. Such lists may be valuable guides, but no sure
foundation for insurance legislation. The only possible way to do this
is to give as far as possible a correct definition of the industrial
diseases entitling to compensation and, in isolated cases, to leave the
decision to the expert opinion of competent judges.
Public-domain text, read in full here on John Shaqi.
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