September 30, 1914, in 180 the defendants were either dismissed or acquitted, 6 were withdrawn, in 344 sentence was suspended and fines were imposed in 337. These fines aggregated $9,350. Respectfully submitted,

J. J. FLOOD,

Chief Factory Inspector, First District.

(B) REPORT OF CHIEF FACTORY INSPECTOR, SECOND DISTRICT Hon. JAMES M. LYNCH, Commissioner of Labor:

SIR.I herewith transmit to you the annual report of the Division of Factory Inspection, Second District. Having been appointed by you as Chief Inspector in charge thereof January 1, 1914, this report covers work performed from October 1, 1913, to and including September 30, 1914.

I had been to an extent familiar with the general work of factory inspection, having gained valuable knowledge in my experience as a member of the State Factory Investigating Commission, and the first weeks of my incumbency were applied to the task of obtaining from an already systematic method of inspection more substantial and concrete data as to violations of law which were found, so as to lay a better groundwork for the issuance of proper corrective orders.

The ideas of First Deputy Commissioner F. J. Prial, and Chief Factory Inspector J. J. Flood of the First Inspection District, corresponding with my own, there was held during January, February and March, 1914, under your direction and presided over by you, conferences of the supervising inspectors, from which came a revision of the factory and bakery inspection cards, carrying more complete description of conditions found. The change has proven of much value to the records of this Division, also considerably lessening the clerical work of the inspectors and division clerks.

The work of observing violations of law in the canning industry during the past season, the result of which is treated in another part of the report, necessitated taking a number of inspectors from the regular field work and only by the greatest endeavor was it possible to accomplish complete inspection of all factory buildings

during the report year, and in this regard the policy that a thorough inspection was necessary was fully carried out.

The work of the Industrial Board in preparing the different codes required much time, and awaiting their promulgation this Division was somewhat handicapped in the matter of a thorough enforcement of the law. The bakery code, fire alarm system code, the code regulating the enclosure of stairways and that relating to the use of fire escapes not necessary as required means of exit, were the only ones that were finally adopted up to the end of the report year. It is gratifying to know, however, that the work of drafting the balance of the bulletins of the Industrial Board is progressing satisfactorily, and there is no doubt that the succeeding report of this Department will show that we are working under them in their entirety, and that in consequence we can go about more rapidly in gaining safer and more healthful conditions than we have in the past.

On July 1, 1914, a policy was put in effect under which greater latitude was allowed for appeals from orders, and up to September 30 a large number of persons affected by the operation of the law took advantage of the privilege granted them under your direction and appealed from the enforcement of certain requirements. In most of these cases it has been necessary to grant reinspection and this has entailed a great additional amount of work upon the supervising inspectors, as well as making personal inspection by me necessary in a large number of cases, also entailing a heavy increase in correspondence. It has, however, brought about a much better feeling and spirit of co-operation upon the part of owners of factory property which is rapidly tending to a more substantial and permanent compliance with the requirements of the law in bringing about safer conditions.

The Division of Engineering which was established in connection with the Albany office has proven an absolute necessity in connection with the handling of orders having to do with construction and alteration of factory buildings, and I feel sure will show as time passes even greater usefulness. There is much work that has been accomplished by this Division which cannot adequately be treated in a written report.

Time has proven the wisdom of dividing the State into two

main inspection districts, and the subdivision of these into supervising districts, as is seen in the excellent work accomplished. Better and more uniform methods of inspection have resulted and discipline maintained to a higher degree than was possible under the old system when inspectors were scattered State-wide at great distances from central authority with no direct supervision or check upon the work performed by them. I desire to advise with this report that the supervising inspectors and the field inspectors in this division have shown decided ability and aptitude, applying themselves to their work in a manner which has brought so much success in the application of the amended law, and I am sure a continuance of this will bring about a much desired end "that there shall be no unsafe factories in New York State."

September 30, 1914, marked the first year of the division of the State into two factory inspection districts, as called for in the law reorganizing the Department of Labor. This report relates entirely to the work of the factory inspectors in the Second District, which comprises all the territory outside of the boroughs of Greater New York and the counties of Nassau and Suffolk.

The boundaries of the four supervising districts in the Second District remain practically the same as when established March 1, 1912, the only difference being in the exchange of two counties in the Albany and Utica districts. This has resulted in a material saving of time in travel between points, as formerly it was necessary to traverse the counties in an adjacent assignment to reach places in the home district of an inspector.

An increase in the inspection force in all up-State districts has made it possible to undertake to a greater extent important work required under the laws which went into effect October 1, 1913. However, to successfully cope with the provisions of the exit and occupancy law, which in addition to detailed inspection reports, makes it necessary to furnish complete surveys of all factory buildings more than two stories in height, calling for orders involving in many instances radical structural changes, a further increase in the field force will be necessary to accord the factories even one complete inspection a year. In calculating the work of the inspectors the special duties performed by them must be taken into consideration. Much of this work is of a character showing

less on the surface for the efforts expended than regular inspection work would do.

In this connection I might state that in addition to the routine work done by the inspectors, 8,352 visits were made of a nature which preclude particular classification. They relate to appointments with owners and others bearing on factory orders, conferences with supervising inspectors and department counsel, visits to homes of children to obtain proof of age for use in cases of prosecutions, visits to complainants for more definite information in regard to alleged violations and other calls on the time of inspectors made necessary by the demands of the service and the proper enforcement of the law. This kind of work has been grouped under the general heading of "miscellaneous matters."

In reviewing the work of the factory inspectors for 1914, I am not in a position to make comparison with that of any previous year as the summary tables heretofore prepared were made to cover the entire State, when the jurisdiction of one chief inspector extended over its entire limits. Next year there will be a basis to work upon in making proper comparison and deductions as to the relative quantity and character of work performed. The tables in later pages will then become of much interest for comparative

purposes.

Work of the Factory Inspectors

During the year ended September 30, 1914, the force of 37 factory inspectors in the four up-State supervising districts made regular inspections, including factories and bakeries, to the number of 14,988 and special inspections to the number of 4,163, making a grand total of 19,151. The number of employees reported at work in the establishments visited was 519,841. As a result of 13,943 of these inspections 88,048 orders were issued. The subjects of the orders issued were divided as follows:

Administration (requiring posting of laws, permits, etc.)..

6,300

Sanitation (relating to toilet facilities, washrooms, dressing rooms, cleanliness, ventilation, lights, etc.)..

27, 200

Accident prevention (guarding machinery, elevators, etc.).

35,895

Fire protection (requiring changes in structural conditions, means of egress, removal of waste and inflammable material, etc.)...

16,587

Children (working at prohibited occupations)..

20

Women and male minors (relative to hours of labor, prohibited occupations, seats for women)......

347

Miscellaneous (failure to pay weekly, to grant one day of rest, etc).

1,699

In addition to orders issued in the Second District, 95 specific requirements relating to boilers and explosives in mines and quarries were referred to the State Fire Marshal for attention, and 290 recommendations relating to sanitation in bakeries were referred to the health departments in Rochester and Buffalo for attention, as the enforcement of this matter rests with these boards in cities of the first class.

Compliances

In considering the work of the inspectors sight should not be lost of the repeated visits required to establish compliance with the orders of the Department. One or more visits of the inspector follow his visit of inspection in order to satisfy the Department that the requirements of the law have been complied with and before a final report can be filed in the records of the office. Visits made necessary for this purpose during the year numbered 26,767. It was found that 5,337 of the orders pending October 1, 1913, and the 43,251 added as a result of the inspections for 1914 had been complied with. The orders on which compliance was reported related to the following subjects:

From a comparison with the 88,048 orders issued and the number reported as complied, there is a difference of 39,460. This might leave the impression that there was a general disregard of the orders of the Department and the requirements of the law by the employer to the extent mentioned. Experience has demonstrated that in the enforcement of new and untried laws, especially when the provisions are of a mandatory character, inspectors make many recommendations, which in the light of subsequent investigation, are found unnecessary or unreasonable, and would create hardships without resulting in any appreciable benefit to the employer or employee if insisted upon. In the greater number of cases orders were held in abeyance pending the adoption of rules and regulations by the Industrial Board to clearly define legal requirements by fixing standards for safety and sanitation.