TITLE VI.-Preventive MEASURES AGAINST ACCIDENTS.

ARTICLE 64. The members of the association shall be obliged to take the necessary measures to protect the workmen, in order to avoid accidents.

For that purpose the association may issue for all the establishments within its jurisdiction, or for certain branches of industries, or for certain kinds of work, regulations as follows:

1st. Concerning the measures to be taken by its members, with a view to prevent accidents and to protect the life and health of the workmen, upon default of which the board of directors may penalize transgressors by a fine of from 1 franc to 300 francs [$0.19 to $57.90], or it may assign their establishments to a higher class of risks, or, when that industry is already included in the highest class of risks, impose upon it dues, not to exceed twice the regular amount. A reasonable time will be granted members to enable them to carry out the prescribed measures.

2nd. Upon the precautions to be taken by the insured parties, in order to avoid accidents, in default of which precautions the board of directors may impose a fine of from 1 franc to 10 francs [$0.19 to $1.93] upon the transgressors for the benefit of the sick benefit fund to which the insured belongs, and if he does not belong to a sick benefit fund, for the benefit of the benevolent bureau of his place of residence.

Rules of this kind shall be submitted for the approval of the Government, and then brought to the notice of the officers of the police and that of the entrepreneurs. The latter will call such rules, in so far as they pertain to their establishments, to the attention of their workmen by posting extracts of such rules in places designated for that purpose.

ART. 65. For the purpose of preparing and publishing the rules aforesaid, the board of directors, or the commission created for that purpose, shall associate with it workmen delegates as provided in article 35 aforesaid.

These delegates shall be chosen by lot by the president from the general list of workmen delegates, at a meeting of the board of directors.

If the preventive measures concern only certain branches of industry or kinds of labor, the drawing of the lots shall be confined to workmen delegates belonging to the industries interested.

The presence of the mining engineer and inspectors of factories at these deliberations may be required either by the board or by the commission, as well as by the workmen delegates, in which event the parties so called in shall have a consultative voice in the proceedings.

At their demand these functionaries must be heard at all times.

A copy of the minutes of the deliberations, showing the vote of the workmen delegates, shall be sent to the Government.

ART. 66. The board of directors is authorized to determine, by inspection of affiliated establishments, whether and what preventive measures against accidents have been taken, and whether the protective measures and precautions prescribed by article 64 are observed.

The inspection may be made independently of the members of the board of directors, and of the local agencies, by the members of committees designated for that purpose, or by employees specially appointed at the general meeting.

At the request of the board of directors the engineer of mines and the inspectors of factories shall inspect the establishments within their respective jurisdictions with the foregoing view, and shall communicate the result of their investigations to it.

The members of the association must permit all persons duly qualified to enter into their factories during working hours.

ART. 67. The officials and the employees of the association must use discretion with respect to matters which have come to their knowledge through their supervision of establishments, and must abstain from all imitation of installations and processes which are held secret by the entrepreneurs and which come to their knowledge as long as these provisions and processes are the secrets of the establishments.

The special employees charged with the inspection of the establishments shall be sworn for that purpose by the justice of the peace of their place of residence.

Whoever shall violate the provisions of paragraph 1 of this article shall be punished in accordance with article 458 of the Penal Code.

ART. 68. The general meeting of the association shall determine the amount of expenses to be incurred annually in inspecting establishments.

The expenses of the inspection shall be borne by the association. As far as they consist of disbursements they may be imposed by the board of directors upon the head of the establishment, if the latter has caused the expenses by failure to fulfill the duties incumbent upon him.

TITLE VII.-SPECIAL PROVISIONS CONCERNING INSURANCE OF THE BUILDING AND CONSTRUCTION INDUSTRIES.

ARTICLE 69. Commencing with the day when article 1, paragraph 13, of this law goes into effect, the State shall be a member of the insurance association by reason of government work which it carries on its own account without the intervention of a professional contractor.

By reason of similar works the communes, public institutions, and corporations shall be compelled to affiliate with the associations by a proper declaration filed with the board of directors.

Moreover, insurance shall be at the expense of the party on whose account the work is carried on, and for the benefit of persons engaged in works which are neither executed by a professional contractor nor in an establishment already insured when, considered by itself, more than twelve working days have been consumed in the execution of such work.

Current repairs of structures used in connection with agricultural or forestry undertakings, as well as work done for the cultivation of the soil or other work connected with an agricultural establishment, and particularly the building and repairing for agricultural purposes of roads, dikes, canals, and conduits shall be considered as integral parts of the agricultural and forestry establishment, and therefore as exempt from compulsory insurance whenever the heads of agricultural and forestry establishments carry on said industries upon their own account employing either exclusively or in large part forest and agricultural workmen, without the intervention of other contractors.

ART. 70. Proprietors on whose account the works enumerated in article 69, paragraph 3, are carried on shall not be members of the association.

They must submit to the board of directors not later than three days after the expiration of each month a statement showing the number of working days in that month occupied in accomplishing the work in question and the wages earned by the insured. The nature of the work shall likewise be indicated in the statements and the form of these statements will be regulated by the Government.

If the statements are not furnished within time to be used, or if they are incomplete, the board of directors shall estimate the number of working days occupied in the execution of the work, as well as the wages of the workmen engaged in said work.

The rates of dues shall be fixed by the board of directors, in accordance with the coefficient of the class of risk.

If the official tariff does not provide the appropriate rate for the work carried on, the dues shall be calculated in accordance with the highest rate provided for works of construction.

For landlords who regularly carry on work on their own account, the proportionate dues may be replaced by payments determined in advance and by contract. In such cases the presentation of statements indicated above shall not be necessary.

The landlord for whom work has been executed by an intermediate entrepreneur shall be responsible for the dues of the entrepreneur in case of his insolvency. This responsibility shall last for one year after the determination of the amount of dues. ART. 71. The insurance of persons engaged in work enumerated in article 69, paragraph 3, and for the execution of which twelve working days or less are occupied shall be at the expense of the State.

Consequently the compensation paid to these persons, including the capitalization of pensions due, as well as a proportionate part of the expenses of administration, and of the reserve fund, if any, shall be reimbursed by the State to the association at the end of each fiscal year.

The determination of the compensation shall be made on the basis of 280 times the 'usual wages of adult workmen in the neighborhood (article 14 of the law concerning insurance against sickness) unless the surviving beneficiary proves that the actual wages of the injured person during the last year were more than that amount. In that event the actual wages shall serve as a basis of calculation for the compensation..

The State may reimburse itself for the amounts thus paid out by means of additional assessments to the land tax (contributions foncieres) of improved properties.

By a general administrative ordinance the compulsory insurance may be extended to contractors who do not earn an annual profit of more than 1500 francs [$289.50], and do not employ regularly at least one paid workman.

The insurance of these persons shall be made in accordance with the preceding pro

visions.

TITLE VIII.-THE TAKING EFFECT OF THIS LAW.

ARTICLE 72. A grand ducal edict will determine the time when the provisions of this law shall go into effect.

LAW OF DECEMBER 23, 1904, CONCERNING THE EXTENSION OF COMPULSORY INSURANCE AGAINST ACCIDENTS. (^)

ARTICLE 1. The law of April 5, 1902, concerning compulsory insurance of workmen against accidents, is amended by the provisions which follow:

ART. 2. Beside the firms and establishments enumerated in article 1 of the law before mentioned, compulsory insurance against accidents shall include: Tanning and currying establishments;

Malting establishments, manufacture of champagne, aerated water, and manufac

ture of preserves;

Manufacture of candles, soaps, colors and varnish, and paper;

Vinegar factories;

Firms engaged in loading and unloading, and warehouses for merchandise;
Textile industries;

Printing and lithography;

Glove making and auxiliary industries;

Tobacco factories;

Limekilns;

The trades of joiner, wheelwright, tinsmith, chimney building, and those engaged in the occupation of window cleaning;

The state postal service so far as concerns the active service of the transportation and despatch of parcels;

In general, excluding commerce, agriculture, and its related industries, the insurance includes all factories, works, manufacturing and industrial establishments as well as all trades not especially mentioned herewith.

By factories are understood, in the meaning of the present law, all industrial establishments which manufacture or work up commodities for the purpose of profit. Article 2, section 1, of the law of April 5, 1902, is hereby repealed.

ART. 3. Nevertheless an order by the public administration may exempt from compulsory insurance establishments or trades which have only an insignificant trade risk and which are not enumerated by the law as subject to compulsory insurance. The employers in the establishments mentioned in the preceding paragraph as well as in commercial establishments are, however, authorized to insure their personnel against the results of industrial accidents by making a written declaration relative thereto to the president of the accident insurance association. The declaration must include all the personnel and the entire work in this occupation, as described in the following article. The optional insurance becomes operative the day following the declaration and ceases after a notice of withdrawal, to be made to the president of the association at least three months in advance of the end of the fiscal period.

ART. 4. The last paragraph of article 2 of the law of April 5, 1902, is replaced by the following provision:

Establishments including several lines of business are subject to compulsory insurance for the whole personnel employed in the different lines and for the entire work which is done by each employee, even if not regularly, by order of the employer or the representative of the latter, when only one of these lines of business is subject to insurance, either compulsory or voluntary.

ART. 5. The final paragraph of article 60 of the law of April 5, 1902, is replaced by the following provisions:

Within one year from the time this law becomes of force or from the compulsory or voluntary affiliation with the insurance association, notice of the annulment of the insurance contracts can be given by the insurer or by the association, either by means of a declaration made at the seat of the association and respectively with the general or local agent and for which a receipt shall be given, or by an extralegal act. Such notification shall not give the right to any indemnity for contracts entered into before January 1, 1904, or which may have been extended either formally or by tacit agreement after this date. In regard to other contracts, the indemnity to be paid to the insurance carrier, when the notice of cancellation comes from the association, shall be fixed by mutual agreement between the latter and the insurer. It shall not in any case exceed 15 per cent of the value of the annual premiums at the date of the expiration of the contract, which may not be more than five years from the time of the assumption of the contracts by the association.

The preceding provisions apply equally to insurance contracts concerning either establishments which, after having been exempt from the insurance in virtue of paragraph 1, article 3, shall become subject to insurance under a subsequent provision, or establishments affiliated with the association by grand-ducal decree in conformity

a Annuaire de la Législation du Travail, 1904, p. 477. Office du Travail, Belgium.

with article 3, or on voluntary declaration of the head of the establishment. Notice of the cancellation of these contracts can be given with a delay of one year, beginning from the day of the affiliation of the establishments. In order to give right to an indemnity, the notice emanating from the association must relate to contracts entered at least one year before the affiliation with the association of the establishments concerned.

The preceding provisions shall not work prejudice to the contracts entered into at this date between the association or the insurers..

ART. 6. All the provisions of the law of April 5, 1902, not abrogated are applicable to the establishments or trades subject to insurance, whether by reason of obligation or optional in virtue of or by application of this law.

ART. 7. This law shall take effect January 1, 1905.

The Government is authorized to take all preparatory measures before this date. Nonobservance of these provisions shall be punishable by a fine as imposed by article 58 of the law of April 5, 1902.

NETHERLANDS.

LAW OF JANUARY 2nd, 1901, RELATING TO LEGAL INSURANCE OF WORKINGMEN AGAINST INJURIES RESULTING FROM ACCIDENTS IN CERTAIN INDUSTRIES.(a)

TITLE I.

Introductory regulations.

ARTICLE 1. The workmen in the establishments mentioned below shall be, in accordance with the regulations of this law, insured against the economic consequences of accidents with which they may meet at work.

ART. 2. By the term "employer" is meant, in this law, every natural or legal person (such as a corporation) who employs others for the performance of any of the work enumerated in article 10.

By the term "workman" is meant, in this law, a person working in the employer's establishment for wages.

Volunteers, apprentices and similar persons, who do not yet receive wages by reason of the uncompleted term of apprenticeship, are to be considered as workmen. ART. 3. By a "business subject to insurance is meant, in this law, one of the trades enumerated in article 10.

By an "establishment subject to insurance" is meant, in this law, an establishment in which a business subject to insurance is carried on.

When a public institution through its employees carries on such works as would, according to article 1, entitle the employees to insurance if it were being done in the service of private employers, then the public institutions must be regarded with reference to such works, as an employer of an establishment subject to insurance. ART. 4. By "a motor" is meant, in this law, every contrivance intended to put in motion one, or more, instruments of labor.

ART. 5. By "wages," in this law, is meant every payment which the insured person received from his employer as remuneration for his work, or during any intermission of such work.

In case the wages consist partly or entirely of lodgings or of payments in kind, or both, their money value is to be estimated according to the local market price.

ART. 6. The wages of workmen who perform labor or service for the employer, which does not belong to the business subject to insurance, shall, as regards the application of this law, be considered as entirely earned in such business.

ART. 7. By "daily wages" are meant in this law, such wages as the workman earns on the average per day, at the time of the accident, in the establishment where such accident takes place.

The calculation of a day's wages must be made in accordance with the following regulations:

(I) If the workman has already been working in the establishment for one year, the wages paid to him by his employer during the year preceding the accident shall be divided by the number of days that he worked during that year for his employer. If any suspension of operations in the business has taken place during that year, the days on which the employee did not work, but for which he was paid, shall, as regards the application of this law, be considered as working days. If the wages thus computed are less than the rate of wages earned during the week preceding the stoppage of work, then the daily wages shall be considered equal to such wages as were earned at the same time by workmen of the same class in the same or in a similar establishment, in the same or in a neighboring community.

(II) If on the day of the accident the workman had not yet been employed in the establishment for an entire year, or if through accident or sickness he had been during

From Zacher, Die Arbeiterversicherung im Auslande. Heft XIII Die Arbeiterversicherung in den Niederlanden, pp. 52-111. Berlin, 1901.