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On (9). Brick Works, Manufacture of Fireproof Bricks, and Burnt Carborundum and Emery Discs.

The preparation of the clay by adult men for two hours, which was allowed under (7) of the former Schedule, is no longer to be permitted, from 1st October, 1913.

On (11). Earthenware Manufacture.

Attention is drawn especially to the point that the processes allowed under (b) are only permissible for a duration of three hours and at latest until

9 a.m.

On (12). Glass Works.

These are governed by special provisions."

On (24). Grain Mills.

The grinding process is now allowed only in the case of windmills and mills with their own water power and with a small staff (two or three persons). On (27). Sugar Manufacture.

(a) The production of raw sugar. The automatic filling of the sugar by centrifugal apparatus or by mixing apparatus is to be regarded as a process. belonging to the centrifugal station and as such permitted on Sunday. As regards the compensatory rest, permission is only allowed to a limited extent to use the 18-hour rest resulting from the weekly change of shifts as the compensatory rest, which was formerly permitted in the case of sugar-refining and the extraction of sugar from molasses.

On 85 of the Order.

As regards this Section, which is identical with §4 of the existing Order, it should be noted that it appears permissible to apply it by analogy to shipping. On 87 of the Order.

The new Order transfers to the provincial authorities power to allow exceptions to the regulations affecting Sunday rest as regards market gardeners, in respect of the making of bouquets and wreaths (b); photographers (m); the manufacture and sale of soda-water (n); and the manufacture and sale of ice (0), which are consequently excluded from Ministerial regulation. This arrangement was adopted because it appears that the local needs concerned are so diverse that uniform regulation proves impracticable. The authorities concerned (Statthalterei; Landesregierung) are hereby requested to issue the necessary Orders, without delay, limiting Sunday work to what is absolutely necessary, in order that these trades may not be in an unregulated condition on October 1st. On this occasion the authorities are strongly recommended to re-publish in one codified Order all the regulations formerly issued in their respective districts, concerning the permitted Sunday work, both for manufacturing and commercial concerns and office work, unless this step would involve special technical difficulties, and to include in this codification the regulations for the four branches of trade mentioned above, which are now referred to the said authorities (Statthalterei; Landesregierung).

Since, in pursuance of §VI., paragraph 5, of the Act respecting Sunday and holiday rest in industrial concerns, the regulations concerning the permitted Sunday work and compensatory rest are to be included in the rules of employment, the authorities (Statthalterei; Landesregierung) are requested to

Issued in the Ministerial Order of 13th September, 1913. (R.G.Bl. No. 208; Text E.B. VIII., p. 367.)

instruct the subordinate industrial authorities to make the necessary arrangements for the rules of employment to be re-drafted in the sense of the new regulations, if possible by Ist October, 1913. If it should be impossible to carry this out by that time, special attention should be devoted to getting matters into order at an early date.

(b) Ministerial Order of 14th September, 1912 (R.G.Bl. No. 187), by which the special regulations issued in virture of §74a of the Industrial Code, concerning periods of rest in industrial undertakings, are partly modified.

The most important innovation introduced by the Order is in §3. It consists in the introduction, without exception, of the break of one-and-a-half hours as fixed by law under §74a of the Industrial Code or §74e (according to the numbering introduced by the Act of 21st April, 1913*) in the case of all newly regulated undertakings-which are chiefly the so-called continuous industries— as well as all persons as regards whom §I of the new Order introduced changes in the former Order. The exemptions which the Order maintains consist, consequently, in the postponement of the hour of beginning the breaks, in the method of dividing and arranging them, and, in general, in allowing them not to be given at the same time for the whole undertaking, but to be arranged for the individual workmen according to the necessities of the undertaking.

In industries to which the amending provisions relate, one hour's break at mid-day must also be allowed in principle. The individual cases where this is not possible for technical reasons, and where consequently a further reduction of the mid-day break must be allowed, are expressly enumerated for the various industries.

As regards the other intervals excluding the mid-day break, a minimum duration for each break is not fixed, but in calculating the intervals for individual workmen the principle must be observed that quite insignificant interruptions in work shall not be regarded as breaks.

Since it will often arise that in industries affected by the amendment introduced by §1 of the new Order, workmen have to perform processes in two or more classes of work, the breaks for which are, however, regulated differently under this Order and under the quoted paragraph of the Industrial Code, it should be noted that in such cases, the breaks should be arranged in accordance with the regulation which applies to the work in which the workman is principally employed.

As regards the particular points in which §1 of the Order is amended, attention is drawn especially to the point that, as regards the form, not only are the contents of the different divisions amended, but also the headings of the divisions have been considerably extended or amended, and several branches of industry which are new since 1885 have been included and certain others have been re-classified for technical reasons.

The following remarks may be made on the details of the Order: On §1, No. 1, paragraphs 2 and 3.

These exemptions are to apply only to those steel works where there are only two Martin (crucible or electric) furnaces, or where furnaces of this kind in excess of this number have been completely shut down either permanently or for a long period, or are being rebuilt, and where, moreover, only one set of workers is available for two such furnaces.

On §I, No. 2.

Smelters in enamelling works are to include only those workers who are engaged in fusing the component parts of the enamel.

*Text E.B. VIII., p. 270.

On §1, No. 5.

In order to distinguish the chamber and annular furnaces mentioned under (a) (1) and (3) respectively, it should be noted that the former should be held to include even many-chambered furnaces, when the burning is not carried on progressively from one chamber to another (Mendheim furnaces are consequently to be regarded as annular furnaces).

On 1, No 6, paragraph 3.

Bottle and sheet-glass machines should be regarded as automatic only when no manual labour is used, except in conveying the molten glass and removing the finished bottles or sheets.

On §1, No. 7.

Only paragraph (a) of the old Order is amended; paragraph (b), respecting spinning and mechanical weaving, remains unaltered.

On §I, No. 8.

Emphasis is laid upon the point that the manufacture of cellulose is now regulated exclusively in No. 8; the Order of 27th May, 1885, did not affect this industry, it was in practice regulated as regards breaks in work partly by No. 8 (Manufacture of paper and pulp) and partly by No. 14 (Chemical industry).

On §1, No. 9.

Attention is drawn to the fact that the second paragraph of No. 9 of the old Order respecting breaks in work, which deals with grinding mills with a small number of workers, remains unaltered and now forms the third paragraph of this division. Thus the reference in §3 is not exhaustive; according to the wording of No. 9, the present second paragraph of this division also comes into consideration as regards the granting of breaks of an unreduced total duration.

On §1, No. 14.

The new provisions differ from the old regulations in the fact that the regulation of breaks is arranged in the latter according to the particular class of chemical industry concerned, and under the new Order according to the various operations and processes; this change was adopted chiefly because it seems altogether impossible to enumerate exhaustively all branches of the chemical industry. By the method of regulation selected, the way was, moreover, prepared in advance for the inclusion of new chemical industries or operations and processes, which are continually arising.

On şi, No. 20.

The existing Order only contemplated persons tending steam boilers and steam engines; but division 20 of the new Order extends its application to persons in charge of all other engines and of gas generators and kindred installations. This has extended the group of persons concerned to a very considerable extent. Special attention is drawn to this point.

On 2 of the Order.

§2 of the new Order contains, in accordance with §III. of the Order, no new provisions, but merely the concluding sentences of the §1 therein contained which were not sufficiently clear in the former Order; according to this Section it is specially provided that all the regulations of §1 of the new Order affecting breaks shall apply also to night-work.

On $5 of the Order.

This Section deals with undertakings where the daily shifts are not changed in the customary manner in the morning and the evening, and with the alternation from the day to the night shift which must be undertaken once a week (18-hour alternating shift).

On 89 of the Order.

Special attention is drawn to this entirely new requirement, which reduces the breaks to a total of half-an-hour in the case of shifts of a maximum duration of 8 hours.

On §10, paragraph 2, of the Order.

Permission to require workers in certain cases to remain near their workplaces even during the breaks, is combined with the express condition that the employer shall give the workers proper opportunity for availing themselves of the intervals according to the regulations. It will consequently be necessary to see that, taking into consideration especially the season of the year, rooms are provided for the workers where they can take their meals and rest. The workers should not be required to use factory canteens as rest-rooms in this

sense.

As regards paragraph 3, it should be noted that the enumeration in the rules of employment of each enterprise of the classes of workers who may be required to supervise work or remain in readiness in accordance with §10, will have to be adapted to the needs of the particular undertakings. Consequently the Ministry of Commerce does not contemplate issuing a general enumeration or designation of the classes of workers concerned.

It is left to the manager of the works to decide when the supervision must be continuous or the men ready to resume work, without prejudice, of course, to the supervisory rights of the authorities.

The industrial authorities should be immediately instructed to take steps in order that the rules of employment in which the provisions respecting breaks in work are to be included in accordance with §88a (c), may be re-drafted, in conformity with the new regulations, if possible by 1st October, 1913. Should it not be possible to carry this out by that time, special attention should be devoted to getting matters into order at an early date.

2.

Kaiserliche Verordnung (R.G.Bl. Nr. 80) betreffend die Unfallversicherung der Bergarbeiter. Vom 7 April 1914. (Soziale Rundschau 1914, II., 179). Royal Order respecting the Accident Insurance of Miners. (Dated 7th April, 1914.)

I. The obligation to insure against accidents in pursuance of the Act of 28th December, 1887 (R.G.Bl. 1, ex 1888), shall be extended to all mining operations coming under the supervision of the mining authorities (§5a of the Mining Act) and the premises connected therewith, including boring works for reserved minerals (§3a of the Mining Act) and works for the winning of mineral wax (ozocerite, native paraffin) and asphalt (§19 paragraph 1, of the Act of 9th January, 1907, R.G.Bl., No. 7).

2. The insurance shall be effected through a special insurance institution (Accident Insurance Institution for Miners).

Workers and works officials in naphtha works (rock-oil, petroleum, earthpitch) who were formerly insured in the district Accident Insurance Institutions in accordance with §19, paragraph 2, of the Act of 9th January, 1907 (R.G.Bl. 7), shall be insured in the Institution for Miners; the same shall apply

to the workers and works officials of those industrial undertakings subject to compulsory insurance, the employees of which belong to a Miners' Provident Fund in conformity with SII of the Provident Clubs Act (Bruderladengesetz) of 28th July, 1889 (R.G.Bl., No. 127), as amended by §I of the Act of 17th September, 1892 (R.G.Bl., No. 178). §11, paragraph 2, and §49, paragraph 2, of the Provident Clubs Act shall cease to have effect in so far as they relate to insurance against accidents.

Workers and works officials who are insured in a Miners' Provident Club only to the limited extent mentioned in §10, paragraph 2, of the Provident Clubs Act (members with reduced benefits) shall be removed from the provident fund of the Club on the commencement of the insurance in accordance with this Order.

3. The Acts of 28th December, 1887 (R.G.Bl., No. 1, ex 1888), 20th July, 1894 (R.G.Bl., No. 168), and 8th February, 1909* (R.G.Bl., No. 29), with the modifications arising from the provisions here following, shall apply by analogy to the Accident Insurance Institution for Miners and the insurance effected through it.

4. One-third of the members of the board to be appointed in accordance with §12 of the Accident Insurance Act of 28th December, 1887 (R.G.Bl., No. 1, ex 1888), shall be nominated by the Minister of Public Works, in agreement with the Minister of the Interior, from amongst persons intimate with the economic, technical and hygienic conditions of mining.

The board shall elect, from amongst their own members, a chairman and two deputy chairmen, provided that these functionaries shall be selected one from each of the three groups forming the board.

5. The decision as to the compensation to be paid shall rest with special committees of three members, to which each of the three groups forming the board, voting separately, shall appoint a representative and a substitute.

Should the committee fail to come to a unanimous decision as regards the granting or disallowing of a claim or as regards the amount of a claim, or if one member of the committee so desires, the final decision shall rest with the board of the Institution.

In this case or, in general, in cases where the compensation cannot be assessed immediately after the death or the right to compensation accrues, the committee may grant provisional compensation by a majority vote.

6. The rules of the Accident Insurance Institution for Miners, which shall be subject to the approval of the Ministry of the Interior in agreement with the Ministry of Public Works, shall contain detailed provisions as regards the headquarters, organisation, internal arrangement and business management of the Institution.

Provisions shall also be included, in particular, respecting the assessment and collection of the insurance contributions, the right of members to vote and stand for election, and the election of representatives to the board and the arbitration courts, and further, the scope of the functions of the board, of the sub-committees and of the managing officials, the establishment, if desired, of business centres (offices), and finally the conditions under which the rules may be amended.

The first rules shall be drawn up by the Minister of the Interior in agreement with the Minister of Public Works, after consultation with representatives of the employers and of the insured persons.

* Text E.B. IV., p. 69.

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