Silicosis: A Look at the Ugly/Immoral Corporate Response

BY CHRIS M. STEVENS

Profits not people. Always was, always is, always will be. Corporate culture. Clear cut and concise. An effective method includes discharging employees who pose a potential future expense, e.g., a union organizing drive, or a looming health issue.

The Metropolitan Life Insurance Company conducted a study of the workplace environment of the 1930s and found 94 poisonous substances and 900 hazardous occupations.

The Illinois Supreme Court created what became known to workers as “Black Wednesday” on April 17, 1935, when it ruled the state’s 1911 Occupational Disease Act unconstitutional. The court held that an employer was not liable for damage under “common law,” e.g. “assumption of risk” or “contributory negligence” or “negligence of fellow servant.”

The Radium Girls of Ottawa, Ill., many of whom had died or been horribly disfigured and then died, had been seeking financial redress. Despite prior knowledge of the danger to the girls, the business, Radium Dial, had pushed back. The company won in court. Following the court’s ruling, State Rep. Reuben G. Soderstrom, R-Streator, whose district included the Radium Girls, had begun research for a revised Occupational Disease statute. The list of 94 poisonous substances, which included silica, had caught Rep. Soderstrom’s eye. He also discovered a U.S. Department of Labor Bulletin issued in 1935 that stated, “…we lack comprehensive legislation for Occupational Disease because there is little public knowledge of the facts.”

Soderstrom who also served as president of the Illinois State Federation of

Labor was aware Caterpillar operated several foundries across the country making parts for its earth moving machines. The company employed literally hundreds of employees who worked with silica sand daily.

Following seven months of conferences with business groups, Rep. Soderstrom sponsored HB10, a revised occupational disease bill.

In 1936 during a special session of the general assembly, HB10 passed and with the governor’s signature, went into effect Oct. 1, 1936. The revised statute included for the first time protection and relief for workers who suffered from silicosis,  “… an almost always fatal disease, caused by the inhalation of silica dust.”

The law, however, was elective in that employers could opt out of the statute. But if they did, they forfeited the right to a ‘common law’ defense. Thus the employer could place no partial blame on the actions of the injured worker or other employees.

Corporations sprang into action. Most falsely claimed the new occupational disease law made it mandatory for an employee to take a physical examination as a condition for employment. Caterpillar, which had a group life insurance plan with Metropolitan, began testing all the employees across the country who worked with silica sand. Those found afflicted with silicosis or in the early stages, were fired.

In a landmark case, William Taylor, a sandblast foremen for Caterpillar had been discharged due to his diagnosis of silicosis in November of 1936. He sued Metropolitan Life and won a $15 judgment in municipal court. However, the court of appeals denied Taylor’s disability when it reversed the lower court ruling on May 8, 1938. The justices stated the insurance company’s disability clause did not contemplate silicosis.

Judges make decisions that affect both the daily and long term life of

workers. State supreme court and appeals court justices are elected. U.S. Supreme Court justices are nominated by the president. As the November election draws closer, does your vote matter?

Chris M. Stevens has been a reporter for The Labor Paper since 1994. Stevens has spent the past eight years researching and co-writing a biography of Reuben G. Soderstrom titled “40 Gavels.” For more information go to:  

www.reubengsoderstromfoundation.com.