Approved Code No. 315 Registry No. 1399-24

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

INDUSTRIAL SAFETY EQUIPMENT

INDUSTRY

AND

INDUSTRIAL SAFETY EQUIPMENT

TRADE

AS APPROVED ON MARCH 1, 1934

R

MEMBER

U.L

WE DO OUR PART

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

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Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign

and Domestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.

Birmingham, Ala.: 257 Federal Building.

Boston, Mass.: 1801 Customhouse

Buffalo, N.Y.: Chamber of Commerce Building.

Charleston, S.C.: Chamber of Commerce Building.

Chicago, Ill.: Suite 1706, 201 North Wells Street.

Cleveland, Ohio: Chamber of Commerce.

Dallas, Tex.: Chamber of Commerce Building.

Detroit, Mich.: 801 First National Bank Building.

Houston, Tex.: Chamber of Commerce Building. Indianapolis, Ind.: Chamber of Commerce Building.

Jacksonville, FIa.: Chamher of Commerce Building.

Kaisas City, Mo.: 1028 Baltimore Avenue.

Los Angeles, Calif.: 1163 South Broadway.

L misville, Kv.: 408 Federal Biuilding.

Memlpl!is, Tern.: 229 Federal Building.

Minneapolis, Minn.: 213 Federal Building.

Nxv Orleans, La.: Room 225-A, Customhouse.

New York, N.Y.: 734 Customhouse.

;crfolk, Va.: 405 East Plume Street.

Philadelphia, Pa.: 422 Commercial Trust Building.

Pittbumirgh, Pa.: Chamber of Commerce Building.

Portland, Orcg.: 215 New Post Office Building.

St. Louis, Mo.: 506 Olive Street.

San Francisco, Calif.: 310 Customhouse.

Seattle, Wash.: S09 Federal Office Building.
Approved Code No. 315

CODE OF FAIR COMPETITION

FOR THE

INDUSTRIAL SAFETY EQUIPMENT INDUSTRY

AND INDUSTRIAL SAFETY EQUIPMENT TRADE

As Approved on March 1, 1934

ORDER

APPROViNG CODE OF FAIR COMPETITION FOR THE INDUSTRIAL SAFETY

EQUIPMENT INDUSTRY AND INDUSTRIAL -AFL'Y EQur I-'ENT TRADE

An application having been duly made, puir miunt to and in full

compliance with the provisions of Title I of the National InLdustrial

Recovery Act. approved June 16. 1933. for approval of a (ode of

Fair Competition for the Inid'trial Safety Equipment Indlistry and

Industrial Safety Equipment Trade. and lhearinis having been duly

held thereon and the annexed report on said Code, containing

findings with respect thereto. havingr been made and directed to

the President:

NOW. THEREFORE, on behalf of the President of the United

States, I. Hugh S. Johnson. Administrator for Industrial Recovery,

pursuant to authority vested in mue lv Executive Orders of the President, including Executive Order No. 6543-A, dated December 30,

1933. and otherwise: do hereby incorporate by reference said annexed

report and do find that said (ode complies in all respects with the

pertinent provisions and will promote the policy and purposes of said

Title of said Act: and do hereby order that said Code of Fair

Competition be and it is hereby approved: provided, however. that

the provisions of Article VII. (Section 7 (g)). insofar as they prescribe a waiting period between the filing with the Code Authority

and the effective (late of price lists, as originally filed. and or revised

price lists or revised terms and conditions of sale. be and they are

hereby stayed pending my further Order either within a period of

sixty days from the effective (late of this Code or after the completion

of a study of open price associations now being conducted by the

National Recovery Administration.

Huoir S. JONSON.

A dIm itistrator for I-dustrial Rco ry.

Approval recommended:

W. A. HARRIMAN.

WASHINGTON. D.C.

March 1, 1934.

4346C7---425-4--34 (421)
REPORT TO THE PRESIDENT

The PRESIDENT,

The White House.

STR: This is a report on the Code of Fair Competition for the

Industrial Safety Equipment Industry and the Industrial Safety

Equipment Trade as revised after the Public Hearing conducted

thereon in Washington, D. C., on January 2, 1934, in accordance

with the provisions of the National Industrial Recovery Act.

PROVISIONS AS TO 1OURS A ND WAGES

The Code provides for a normal working day which shall not

exceed eight (8) hours and a normal working week which shall not

exceed forty (40) hours, except as provided in the following sections of Article IV:

1. Section 2, which specifies that persons employed in accounting, clerical, office service, or office sales work shall not be permitted to

work more than forty (40) hours per week on a monthly average,

nor more than forty-eight (48) hours in any one week.

2. Section 3 (a) which excludes those engaged in executive, supervisory, or managerial capacities (not including foremen primarily

engaged in productive work) and technical engineers, provided all

of the above receive not less than thirty-five dollars ($35) per week;

which Section 3 (a) also excludes outside salesmen, watchmen (provided that watchmen shall not be permitted to work more than

fift v-six (56) hours in any one week), and firemen (provided that

firemen shall not be permitted to work more than forty-four (44)

hours in any one week).

3. Section 3 (b), which provides that outside service employees

may be worked a maximum of forty-eight (48) hours in any one

week.

4. Section 3 (c), which exempts those employed in emerg-ency

when restriction of hours might handicap or impede rescue or recovery work, for orders placed on account of disaster.

5. Section 3 (d), which exempts employees engaged in cmergencY

maintenance or emergency repair work involving breakdowns and

proteCtiOn of life and property.

6. Section 3 (e), which allows for conditions of peak denland when

tihey create im iiiisual or temporary handicap on production or instalLition, provided that no employee may work more than forty-eight

(4) hours per week for six (6) weeks iii any six months' period;

anide provided taLt one ad one-ha If (11) times the normal rate

is paid for ihirs in excess of eight (8) per day or forty (40) per'

week.

All eases of employmeiit in exce.-s of forty (Wh) hours in subiiseeio () ;iitd (d) above shall be reported to the Code Authority

witl the ra ms there for.

(421)
423

The minimm11111 wage. for male employees engaged in hibor operations shall be thirty-seven cents (34-) per honr an1 for female cifployees, thirty-two cents (32c) per hor. Learner; may be paid

not less than eighty per cent (80% ) of this minium rate, but the

nnber of learners for a three (3) months' period shall not exceed

five per cent (5% ) of the total number of employees in each

respective plant or establishment.

Clerical and offiee employees may be paid a niiiimum wage of

fifteen dollars ($15) per week, provided that office boys and girls

and learners shall be paid not less than eighty per cent (80% ) of

said minimum ; provided further, that their number shall not exceed

five per cent (5% ) of the total number of office and clerical

employees.

The Code establishes a minimum wage for labor regardless of

whether the employee is compensated on a time rate, piece work. or

other basis. Also it provides for equitable adju-tmnt of all wages

above the minimum; and it prohibits discharge of any employee

now employed at a rate in excess of the minimum and his reemployment at a lower rate to evade the provisions of this Code.

The standard clauses regarding handicapped persons and female

emJPlovees performing the same work as men are. incorporated in this

Code.

No person under sixteen (16) years of age shall be employed nor

shall anyone under eighteen (18) years of age be permitted to work

at hazardous occupations.

Standards for safety and health shall be submitted by the Code

Authority to the Administrator.

GENERAL STATEMENT

This Code, which includes both the Industry and the Trade,

constitutes a vertical code. The Industry manufactures and sells

to itself, the Trade, and the latter sells to the consumer. The principal products of the Industry and asbestos, steel reinforced, and fireproof duck protective clothing and gloves, gas masks, respirators

safety hats and helmets, miners' lamps, and industrial first-aid kits.

There are no competitive products manufactured outside of the

Industry nor are there any competitive imports. About two per

cent (2%) of the total production is exported to England and South

America. The Industry is a consumer of sheet metal, asbestos, glass, leather, cotton, and rubber.

Figures show that a comparatively steady demand has existed for

the products of the Industry through the depression; and with the

ever increasing standards for protection and safety to workers, there

is definite indication of a satisfactory future.

Thirty-five (35) manufacturing concerns constitute the Industry

whereas the Trade consists of thirty-three (33) distributing agencies, fifteen (15) of which are also manufacturers. In 1929 thirty-five

(35) concerns in the Industry had a total capital investment of

$3,112,199: in 1933 this decreased five and two-tenths per cent (5.2% 

to $2.955.391. The Trade has submitted statistics showing that in

1929 thirty-two (32) concerns represented a total capital investment of $T63.649, whereas in 1933, thirty-three (33) concerns re-
424

ported $845,.522, an increase of ten and seven-tenths per cent (10.7%)

over 1929.

The Code Committee has reported the 1933 value of production

to be sixty-one and eight-tenths per cent (t1.S%) of that of 1929 as

respects the Industry, and seventy-e eight and five-tenths per cent

(7s.5) as respects the Trade. Employment in the Industry for

19)W was sixty-six arid seven-tenths (6G.7%) of the 1929 number,

but showed an increase of twenty-ono and six-tenths per cent (21.6%)

over 1932. Complete data for employees in the Trade have not been

made available. The following table will illustrate the aggregate

number of employees:

Industry Trade

Year --

Number Per cent Number Per cent

192 .-------------------------------------------------- 1,224 100 249 100

1910 .---------------------------------------------- --- 947 78.4 245 98.3

1931 _-------------------------------------------------- 831 68.2 243 97.6

193 ---------------------------------------------------- 641 52.5 238 95.5

1933 ------------------- 83 66.7 257 103

Since June. 1933, the Ind ustry has 1,een working a forty (40) hour

week under the President' Reemployment Agreement. This effected

a reduction of eight and five-tenths hours (8y), or eighteen and

fIi r-tentli, per cent ( 18.4' ) and increased the number of employees

twenty-tw o and five-tenths per cent (22.5' 

TI te following table wihli was led need from statistics submitted

Iy tirteen (13) members of the Induitry, will show average hours

and average rates per hour for male and female employees. It has

beeni stated that in some concerns. females constitute as much as

sixtyv-five per cent (6. ) of the total iminber of employees.

Average Average

hours per rates pes

week hour

June 15, i929:

M le -- ---------------------------------------------------------------------- 43.7 57. 8

F 11 10 - ---- ------------ -. --. ----- -- ------. -. -. -. -. --.. -. -- -----. -- --- --- 42 .5 3 5 .2

Juilv 15, 193 ; :

--a -- -- ------ - ----- ----.. -- --------... . --. --...... ..-... . .-----..--- . . 49 39 .8

F )I, P . . ..--- --- .-- --- --- ..-- ------ ..-- --- ------ -- .- - .- -----. -----. --. --- 4 2, 2 2 5 .7

Octo her 1, 1933:

l e .--..-- -..-- ------.- -..-- ----.-- -..- ...-- --.-- --.-- -.-- -...- .- -- --3 9 .1 5 5 .7

Female -------------------------------------------------------------- ---- - 35.5 3S.8

The imininmm wage rates in the Code will increase the hourly rates

of :ipproxifmtely forty-seven per cent (4711;) of all factory workers

er 11 pa i d i Jn I 3. A ver weekIy XJe eaIrn in gs 1r male

r-teuths Per cent em111ploees (11.4() for wvill increase eleven and p 

fIii bs , I welty-sevemI per (cut '( '; ).

Thw A-i-taut l)epnty Admnistritor in his final port to me on

,-;tid (',)o1e halvimg found as herein t fnrI and on the basis of all

tle proee iL ill this matter;
425

I find that:

(a) Said Code is well designed to promote the policies avnd purposes of Title I of the National Inidustrial Recovery Act. including

removal of obstructions to the free floV of inlterstate and foreign

cominerce which tend to dinini-h the amount tliereof and will provide for the general welfare by promoting the organization of indnstry for the pulrp)ose of coop ,erat i e action among the trade groups,

by in(cing and mnaintaining ited action of labor and management

under adequate governmiieit al sanlct ions and sup ervision bY eliminating unfair competitive practices, by promoting the fullest possible

utilization of the present productive capacity of industries, by avoidin undue restrictions of production (except as may be temporarily

required), by increasing the consumption of industrial and agricultural products through increasing purchaIlinl(mg power, by reduicingf

and relieving unemployment. bv improving standards of labor. and

by otherwise rehabilitating induistrv.

(b) Said Trade and Indiutry normally employ not more than

50,000 employees; and are not classified by me -is major.

(c) The Code as approved complies in all respects with the pertiuent povisions of said Title of said Act. including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7. and

Subsection (b) of Section 10. thereof; and that the applicant group

is an industrial and trade group truly representative of the aforesaid

Trade and Industry; and that said group imposes no inequitable

restrictions on admission to membership therein.

(d) The Code is not designed to and will not permit monopolies

or monopolistic practices.

(e) The Code is not designed to and will not eliminate or oppress

small enterprises and will not operate to discriminate against them.

(f) Those engaged in other steps of the economic process have not

been deprived of the right to be heard prior to approval of said

Code.

For these reasons, therefore, I have approved this Code.

Respectfully

Hueo S. JoHNxsoN

Administrator.

MARCH 1, 1934.
CODE OF FAIR COMPETITION FOR THE INDUSTRIAL

SAFETY EQUIPMENT INDUSTRY AND INDUSTRIAL

SAFETY EQUIPMENT TRADE

ARTICLE I-PURPOSES

To effect the policies of Title I of the National Industrial

Recovery Act, the following provisions are established as a Code

of Fair Competition for the Industrial Safety Equipment Industry

and the Industrial Safety Equipment Trade, and shall be the

standard of fair competition for such industry and such trade, and

shall be binding on every member thereof.

ARTICLE Il-DEINIToNS

The term Industrial Safety Equipment In(dustry " as used herein

includes the mnanufacturing and ior assembling and marketing of:

(a) Any device or appliance worn or used by any person engaged

iir dustry, transportation, trade, comnierce, or service, to protect

workers from injury, as set forth in Schedule A which is hereby

nmale a part of tiiis definition.

(b) Any device or appliance used in industry. transportation,

trade, commerce, or service to detect toxie or inflamnmable gases,

vapors, or harmful dusts ind pIrotect persons against them, as set

forth in Schedule A.

(c) Any device or appliance used for the pirpo-e of resiscitating

W(lIkers overe<omue L) or siffering from sucli Utxic or inflaimnable

a nd vapors. as set forth in Schedule A.

(d ) AnY industrial first aid equipment ' 1 in industry, trvansportation, and service for dressing t)r1')al injuries, as 'et forth

in Schedule A.

(( ) Ald -Irl related 1ranclles and subhivi' ()5 thereof a may

fr1 4 1 tim e to t il lIe ii) ('1Wled under the pr)'Pii>llo s of thiis Co(' le 1),v

i( X( ill ini tra tr a fter '11 .1 notice an1l learing as lie inay prescril)e.

Tle teri " Indiuit ri l Safety Equ i1pimet Tiale " as eI lire icin

i!iludes le iIllportilnu aillor distribuitig anmd or selling of:

(a ) Any device or aj lancec, worn or used by any l)C150l enga e(

ill 11(11istrY, tran:-portatiion, trade, I1 r1 Q, orU 1' service, to Protect

uA(Wker s Trolt inIjiry, 1.as set forth in Schled ile B, which is hereby

Ilm(li a a1r1t of this dle llition.

(I)) A 1y device or appliance used in industry. transportation,

r ('0. (11111(T''(r , (1, *- %'r lC to detect toxiO or inilamumable Vas05,

Vapors, or 1a111111fl divi ti and protect pert-ons again-t. t1hil , a' set

forl ill Inluue s(1,>1f 

(i.) A(y w.i . fr l an(e us for the ulrpo-e of re iuviting

Wiarle r - .r('(lliW I)Ny M'r Jltferin(, fromn iwk tt)xie, and inltilmmable

t- 'HP[ \ntO)V:s a-s '('t fIrtll in I Schiedile B.

(426)
427

(d) Any indu trial first aid equipment used iII indistry. traisportatin, and service for dressing personal 1 ijuries. a set fourth in

Schedule B.

(e) And such related branches and subdivisimIs thericmf as mUy

front tittne to time be included uider the provision is of thiis Code by

the AtnIll I] iistrlator after sIulch notice and 1c,11i1g as he I y Vpresribe.

The term " member ' (if the industry aiid '':i ide incl es an y

individual, partnership. ismcialtin,1 . cIMoIprtiON, rVUcciver. trustee (1I

otier person engaged in the inIistry anld or trade. either as all

mplIyeF1r 011 his or its own behalf.

The ter i" - eiliplover " erei means any emlev ipid eng1agredI

in the indIutryPv ad ,/or irade.

The term "employee " as used herei i Includes any and all pers nis

enga 2ed in the industry andor trade, milpelnsated, pwevcr except

a iiember of the industry and/or trade.

The term "learner " means a person ia vi ng no) previous experlienCe

in the manufacture of industrial safety equipment, and parts thereof,

and whose employment as such shall not exceed three month , if

working time il the industry.

The term "maintenance enpj)loyce " shall mean any employee who,

through special training or mechanical ability, is essential to the

upkeep and/or preservation of the pro iises and pro(pertv (f

the establishment, and shall not include s1ch workers as porters, elevator operators. janitors, lid cleaners.

The term "outside service employee shall nican any emlploIyec

when actually engaged in installing or servicing industrvial safety

equipment and parts thereof outside the establishlment.

The term " watchman " shall mean any employee engaged il safeguLarding the premises and property of the establishment.

The terms - President . Act " and "Adlministrator " mean respectively ; the President of the Unit1ed States of America, Title I of

the National Industrial Recovery Act, am the Anini tratnr 'If

said Act.

ARTICLE 1I1

All of the following provisions apply equally to the Indiustrial

Safety Equipment Industry and the Industrial Safety Equipment

Trade, as defined above.

ARTICLE IV

SECrIoN 1. MImele'no 110? How-NO employee shall be permilitted to

work in excess of forty (40) hours per week or eight (8) hours in

any twenty-four (24) hours' period except as herein otherwise

provided. A normal work day shall not exceed eight (8) hours.

SECTION 2. H /o' Cleiwal ad Ofrcc EmploycNS.-No person

employed in accounting, cleiIcal, office service, or office sales work

in the industry and/or trade shall be permitted to work nre than

forty (40) hours a week on a monthly average, nor more than

forty-eight (48) hours in anyi one week.

SECTION 3. Lxcepton (Is to Hour,.-(a) The prm-i.:Ihns oif this

Article shall not apply to employees engaged in execiltive. anagerial or supervisor (not neludin foremen primaiilv yv engragcd in

43467' -425-4--"-1--2
428

productive work) capacities, technical engineers,. provided the above

named classes> of eml)()yeeS receive not lss than thirty-five ($35)

dollars per week: outside sale -men, watchmIen (provided that watchmen shall not he perillitted to work more than fifty-six (56) hours

in any one week), firemen (provided that firemen shall not be perimiitted to work more than forty-four (44) hours in any one week).

(b) The provisions of this Article shall iot apply to outside service emlployees, provided that they shall not be permitted to work

more than fortv-eight (4 h) hours in any one week.

(c) The provisions of this Article shall not apply to employees

in ain emergenciy where re-triction of hours might handicap or impede rescue or recovery work, for order> placed on account of

disaster.

(d) The provisions of this Article shall not apply to employees

engaged in emergency maintenance or emergency repair work involving breakdowns and protection of life and property.

(e) The provisions of this Article shall not apply to employees

in any department or departments during period of peak demands

when such demands place an unusual or temporary burden on production or installation. DIuring such periods employees may be permitted to work in excess of 8 hours per day and 40 hours per week

during 6 weeks in any six months' period, provided, however, that

employees shall not be permitted to work in excess of 48 hours in

any one week an(l provided, further, that one and one-half their

normal rate of pay shall be paid such employees for all hours worked

In excess of hours per day or 40 hours por xve(k

(f) Subsection (e) above, in'4ofar as it relates to the payment of

overtime, shall not apply to employees specified in Sectionl' 2. 3 (a), (b), (c) and (d).

g) All cases of employment in excess of 40 hours a week under

Subsections (c) and (d) above shall be reported to the Code Authority with reasons therefor.

SECi'nON 4. ELmplomi> iit b>y S vcio E/Ip/uid /8.->) 1imployer

shall knowingly prmit any enlloyee to work Tor any time which

when total lled with that alread performed witi another employer

or employer in thuis industry ad I or trade, exceeds the maximum

permitted hereiti.

AmrrICLEi \ XAGEs

Sr'T 1. Minm bnw Ths.-The minimum wage that ,hall be

paid by any employer to any employee engaged in this ilndlhstry ill

labor operations shall be thirty-seven (37) cents per hour for men

and thirt y-two (32) cents for women, provided that in no event shall

mniiiunm hourly rates of pay be reduced, and provided, also, that

learnnes 1ay be paid not less than ( per cent of the minimum rate

paid. determined in the Imiallner above provided, but the number of

learner> for a three-month period receiving less than such in imuim

rate so determined shall not exceed 5 per cent of the total number

of el jyiees in ch plant ir est ablishment enigaed in the processing of prod( in tsn in labor operations directly incident Ithereto,

and provided that each employer may employ a iinimul of one

learner.
429

Sz'TIoN 2. Ii/ini.not 11Vaqe for Ccrkc'a amid Of7C EmUployees.-

The minii11nu1n wage that shall be. paid by any employer to alt other

employees shall be at the rate of $15.00 per week: Prio?'/I'd, howc'cr,

that office bovs or girls, and learners may be paid not less than 80

per cent of such minimini wage, but. the number of such office boys

or girls, and learners Paid at a rate of less than $15.00 per week shall

not exceed 5 per cent of the total number of employees of each

emlplloyer covered by the provisions of this Section 2 and provided

that each employer may employ a m11iniIIIum of one oflfie boy or ogirl.

SECTION 3. Ph ecwo'i ('on> pea'satw1?-Af Hi//fl>U/I? 1Kia:.-T his

Article establishes a minimum rate of pay which shall apply, irrespective of whether an employee is actually (omlipensated on a tim0

rate, piecework, or other basis.

SECTION. 4. Feasion through R iem ployeni.-No emlployee now

employed at a rate in excess of the minimum shall be dischargled and

reemployed at a lower rate for the purpose of evading the provisions

of this Code.

SECTION 5. Wage Adyjstne)fs Abo ie 111Thwa ,.--Ther'e shall be

an equitable adjustment of all wages above the minimum. Employers shall adjust wage schedules in equitable relation to the innimum hourly rates provided in this Article, so far as such adjustments have not been made subsequent to June 16, 1933. Each member

of the Industry and/or Trade shall promptly report all such adjustments to the Code Authority.

SECTION 6. Handicapped Persons .- A person whose earning capacity is limited because of age or physical or mental handicap may be

employed on light work at a wage not less than eighty (SO) Per cent

of the minimum established by this Code if the employer obtains

from the State Authority designated by the United States Department of Labor a certificate authorizing his employment at such wages

and for such hours as shall be stated in the certificate, provided that

the number of such employees shall not exceed five (5) per cent of

the total number of employees. Each employer shall file with the

Code Authority a list of all such persons employed by him.

SECTION 7. Fetmalc Lnmployees.-Female employees performing

substantially the same work as male employees shall receive the same

rate of pay as male employees and, where they displace men, they

shall receive the same rate of earning as the men they displace.

ARTICLE VI--ENERAL LABOR PROvISIONS

SECTION 1. Child Labor PrOviion.-No person imler sixteen (16)

years of age shall be employed in the industry and/or trade. No

person under eighteen (18) years of age shall be employed at operations or occupations which are hazardous in nature or dangerous to

health. The Code Authority shall submit to the Administrator before March 1, 1934, a list of such operations or occupations. In any

State an employer shall be deemed to have complied with this provision as to age if lie shall have on file a certificate or permit duly

issued by the Authority in such State empowered to issue employment or age certificates or permits showing that the employee is of

the required age.
430

SECTioN 2. Provisions from. the Act.-In compliance with Section 7

(a) of the Act, it is provided:

(a) That employees shall have the right to organize and bargain

collectively, through representatives of their own choosing, and shall

be free from the interference, restraint, or coercion of employers of

labor, or their agents, in the designation of such representatives or

in self-organization or in other concerted activities for the purpose

of collective bargaining or other mutual aid or protection.

(b) That no employee and no one seeking employment shall be

required as a condition of employment to join any company union

or to refrain from joining, organizmg, or assisting a labor organization of his own choosing, alld

(c) That employers shall comply with the maxilnmm hours of

labor, minimum rates of pay, and other conditions of employment

approved or prescribed by the President.

SEcTION 3. Nleclassi#/7atio) of Eimployees.- No employer shall reclassify employees or duties of occupations performed1 or engage

in any other subterfuge so as to defeat the provisions of the Act

or the purposes of this Code.

SEc'T1os 4. Stafidards foi Safety/ a>l Icdat71.-Every employer

shall provide for the safety and health of his employees at the place

and during the hours of their employment. Staindards for safety

anid health shall be submitted by the Code Authority to the Adininistratori within six (6) imoniths after the effective date of this Code.

SErIx 5. State Lawc.-No provision in this Code shall supersede any State or Federal law which imposes more stringent req(iriments on employers as to age of employees, wages, hours of

work, or as to safety, health, sanitary or general working conditions, or insurance, or fire protection, than are imlposed by this

Code.

SECTION (. Potlfl;.-All employers shall post complete copies of

this C(0de ill conspicuous places accessible to all employees.

ARTICLE \IJ-ORGANIZATIoN. POwERs AND oF IUIES CoDE

AUTHORITY

St-criox 1. Code A utloiity.-A Code Authority is hereby constitited to administer this (ode.

SECnox 2. Jhumbcrm/lNp of Codc A thlority.-The Code Authority

shall consist of not less than five nor more than six nIembers of the

11(111strN and/or Trade, to be selected as hereinafter provided and

in addition thereto there may be one to three members without vote,

to be appointed by the Administrator for terms of six (6) or twelve

(12) months from the date of appointment.

Five me]mbers of tlie Code Authority shall be appointed by the

Executive Comm ittee of tile trade association of the Industr iid

T (Irade (Industrial Sa fety Equipnt A-sociation), two of wh 11om

shall be members whose business is prdomlinafint ly unianiitacturing

sa fety products, two of whom shall be members Who maniI1ifacture

safety prou icts and aiso distribuite tle safety pro(ducts of others,

and one of woim shall be a Ilember wvhiose blisiniess is predomIinantly

distribution lg tie safety prolults of others. If they so desire, nonnmemiber s of' tlie Associat em in ay elect o1e 1m neniher of the Code
431

Authority in such manner as the Code Authority may prescribe. In

cases in which the principal business of a member of the trad h is to

distribute the products of a member of the industry, both cannot

serve on the Code Authority at the same time.

SECTION 3. Asuciutions.-Eah trade or industrial associatiOn

directly or indirectly participating in the selection or activities of thi

Code Authority shall (1) impose no inequitable restrictions onI membership, and (2) submit to the Administrator true copies of its

articles of association, by-laws, regulations, and any amendments

when made thereto, together with such other information as to membership, organization, and activities as the Administrator may deem

necessary to effectiiate the purposes of the Act.

SECTION 4. Repesn tativc Code Authority.-In order that the

Code Authority shall at all times be truly representative of the

industry and/or trade and in other respects comply with the provisions of the Act, the Administrator may provide such hearings as

lie may deem proper; and thereafter if he shall find that the Code

Authorit is not truly representative or does not in other respects

comply with the provisions of the Act, may require an appropriate

modification in the method of selection of the Code Authority, or

any sub-Code Authority.

SECTION 5. Pa-rticipat ion in Code.-Any member of the industry

and/or trade is and shall be eligible for membership in the trade

association of the Industrial Safety Equipment Industry and Trade

and there shall be no inequitable restrictions on such membership, and all members of the industry and/or trade shall be entitled to

participate in and share the benefits of the activities of the Code

Authority and all members of the industry and/or trade subscribing

to the (ode or parti-ipating in or sharing in any way in the benefits

of the activities of the Code Authority or participating in the selection thereof, shall bear a reasonable share of the expenses of administering and enforcing the Code and of making amendments

thereof and additions thereto. Such reasonable share of the expenses of the Code Authority shall be determined by the Code

Authority, subject to review by the Administrator, on the basis of

gross sales volume of business and/or such other factors as may be

equitable and such funds shall be collected and administered by and

through the machinery of the Code Authority of the Industry and

Trade.

SECTION 6. Liabi1t/r,.-Nothing contained in tl)is Code shall constitute the members of the Code Authority partners for any purpose.

SECTION 7. Powers and DTuties.-The Code Authority shall have

the following powers and duties in addition to those elsewhere provided in this Code.

(a) To adopt by-laws and rules and regulations for its procedure

and for the administration and enforcement of the Code, in accordance with the powers herein granted, and to submit the same to the

Administrator for his approval together with true copies of any

amendments or additions when made thereto, minutes of meetings

when held, and such other information as to its activities as the

Administrator may deem necessary to effect the purposes of the Act.

(b) To obtain from members of the industry and trade for use of

the Code Authority, for the Administrator in the administration and
432

enforcement of the Code, and for the information of the President,

reports from and to give assistance to members of the industry and/or

trade in improving methods, or in prescribing a uniform system of

accomitiii and reporting. All individual reports shall be kept conlidential as to members of the industry and, or trade and only general

sunnuaries thereof may be published.

(c) To receive coniplaints of violations of this Code, make investigations thereof, provide hearings thereon and adjust such complaints, and bring to the attention of the Administrator for prosecution, reconmmendations. and information relative to adjusted violations;

but in no event shall the Code Authority proceed to prosecute without notice to and approval by the Administrator.

(d) To use and appoint such trade associations and other agencies

as it deems proper for the carrying out of any of its activities provided for herein and to pay such trade associations and agencies the

cost thereof. provided that nothing herein shall relieve the Code

Authority of its duties or responsibilities under this Code and that

such trade associations and agencies shall at all times be subject to

and comply with the provisions thereof.

(e) To coordinate the administration of this Code with such other

codes, if any. as may be related to the industry and/or trade, or any

subdivision thereof, and to delegate to any other administrative

authority, with the approval of the Administrator such powers as

will promote joint and harmonious action upon matters o common

interest.

(f) To secure an equitable and proportionate payment of the expenses of maintaining the Code Authority and its activities from

members of the industry and/or trade.

(g) When any group manufacturing and/or selling specified products of this industry and/or trade decide by majority vote of the

members of such group that it is desirable to adhere to a policy of

published prices for each individual member of the group it shall

be mandatory for each member of the group to adhere to this policy

and file with the Code Authority his price lists which unless disapproved by the Administrator shall be effective ten days after

filing. Any revision of price schedules by any member must be

filed with the Code Authority ten days prior to the date of the price

change being effective. The Code Authority shall notify all other

members in the group affected by this price change and such prices

shall be available to the trade at least five days prior to the effective

date. All members of the group shall then have the privilege of

making the same price change effective on the same date, due notice

being given the Code Authority.'

(h) To initiate, consider and make recommendations for the modificat ion or amendment of this Code, which shall become effective

upon approval of the Administrator after such notice and hearing

as he may specify.

SIcrlo 8. Ia/isact,.-Iii addition to information required to be

suibmitted to the Code Authority, all or any of the persons subject

to stich code, agreiement, or license shall furnish such statistical

information as the Administrator lay deem necessary for tme ptirP4oses rcci ted in section 3 (a) of said Act to s1t1,h Fe(deral and State

1 Sce paragraph 2 of ordf'r approvilng this Code.
433

agencies as the Administrator may desigiiate; nor shall anything in

the code, agreement, or license relieve any person of any existing

obligation to furnish reports to governmentt agencies.

SECTION 9. Appeal.-An appeal from any action lIv the Code

Authority affecting the rights of any enployeI' Or employee in the

industry and/or trade may be taken to the Adtministrator.

SECTION 10. Complaint Depoit.-When a member, participating

in, subscribing to the Code and sharing in the benefits of the activities of the Code Authority and who pays his proportionate share of

the expenses of the Code Administration, makes a complaint of

violation of any of the provisions of the Code, such complaint shall

be made in writing to the Code Authority and accompanied by a

check for $25, to apply against any expense of investigation incurred

by the Code Authority or the agency that it may appoint to make

such investigation.

In the event that the complaint is sustained by the Code Authority, the offending party, if he be a member in the same standing as the

complaining member, will be required to defray the expense of the

investigation, and the Code Authority may take such action against

the violator as it deems desirable and report such action to the

Administrator, in which event the deposit made by the complainant

will be returned.

In the event that the complaint is not sustained, the complainant

will be required to pay any additional cost.

SECTION 11. Sub-Code Authaoi~tes.-Groups of members of the

industry and/or trade, manufacturing and/or selling a particular

product or products having common interests and problems, may be

grouped into product sub-divisions by the Code Authority for

administrative purposes. For each such product sub-division there

may be a sub-Code Authority approved or appointed by the Code

Authority to cooperate with the Code Authority in the administration and enforcement of the Code and/or to cooperate in the administration and enforcement of a Supplementary Code or Codes applying

to such product sub-division or part thereof.

SECTION 12. SiUspe'n ion of Code Authority Alction.-If the Administrator shall determine that any action of a Code Authority or

any agency thereof is unfair or unjust or contrary to the public

interest, the Administrator may require that such action be suspended

for a period of no to exceed thirty days to afford an opportunity

for investigation of the merits of such action and further consideration by such Code Authority or agency pending final action which

shall be taken only upon approval of the Administrator.

ARTICLE VIII-TRADE PRACTICE RULES

General Defn.itio.-For all purposes of the Code the acts described in this Article shall constitute unf air practices. Any member

of the industry and/or trade who shall directly, or indirectly through

any officer, employee, agent or representative, knowingly use, employ,

or permit to be employed, any of such unfair practices shall be guilty

of a violation of the Code.

RULE 1. 'accu rate JNarkii'. B r an ding and uchhiwn.-No member

of the industry and/or trade shall mark, brand or pack any product
434

or conmmodity in any manner for the purpose or with the effect of

misleading or deceiving purchasers with respect to the brand, grade,

quality, (iantity, origin, size, material, content, substance or preparation of such products purchased, whether "domestic" or

foreign."

RULE 2. ilL.vejni(n/abin.-No eiiiber of the industry and/or

trade shall substitute, or cause to be substituted, materials inferior

to those specified by the purchaser.

RULE 3. Inaccurate flejrenc to Covipotitors.-No member of the

industry and/or trade shall use advertising or other representation

which refers inaccurately in any material particular or disseminates

false or misleading information relative to any competitor or their

products, selling prices, values, credit standing, credit terms, ability

to perform work, conditions of employment, policies or services.

RuLE 4. Inacnoratc Advertising.-No member of the industry

and/or trade shall use advertising, (whether printed, radio, display

or of any other nature) or other representation which in any material particular or in any way misrepresents any commodity, (includits use, trade-mark, grade, quality, quantity, origin, size

substance, character, nature, finish, material content or preparation)

or credit terms, values, policies, services, or the nature or form of the

business conducted.

RULE 5. Free Sam ples.-No member of the industry and/or trade

shall issue advertising containing offers of samples.

RULE 6. " Bait " Advertising.-No member of the industry and/or

trade shall use advertising or selling methods or credit terms which

have the capacity or tendency to deceive or mislead the customer

or prospective customer.

RULE I. Secret Rebates.-No member of the industry and/or trade

shall secretly offer or make any payment or allowance of a rebate,

refund, commission, credit, unearned discount or excess allowance,

whether in the form of money or otherwise, for the purpose of

influencing a sale, nor shall a member secretly extend to any customer

any special service or privilege not extended to all customers of the

same class.

RULE 8. Selling on Consigqnnant.-No member of the industry

and/or trade shall ship goods on consignment, except under circumstances to be defined by the Code Authority, where peculiar circumstaces of the industry require the practice.

RumLE 9. CoM ,ncrc'Ial Bribery.-No member of the industry and/or

trade shall give, permit to be given or directly offer to give allything of value for the purpose of influencing or rewarding the

t ton of any employee, agent or representative of another in relatIn to the business of the employer of s41h employee, the principal

(d seh agent or the representedl party. without the knowledge of

s eI(h em doyer, principal or party. Tbhis provision shall not be constr e( d to prohibit free a11d general dist ribit iol of a rticles coltmnonly

1(scd for ad vertising except so far Is slich articles are actually lised

fr the co4iltimiercial bribery as hereina bove defined.

Bm 10. Ca 1' Discouint f8.-No meimiber of the industry an d/or

t rwdv sh all give cash discounts 1mldole ally cond it ion in excess of two

(2) per ceiit, inet.
435

RULE 11. False Billing.-No member of the industry and/or trade

shall withhold from or insert in any quotation or invoice any statenent that makes it inaccurate in any material particular.

RULE 19. Tihrwat of Law Sauft.-No member of the industry

and/or trade shall publish or circularize unjustified or unwarranted

threats of legal proceedings which tend to or have th(i effect of

harassing com ipetitors or intimiiditing their customers.

RULE 13. Rel Beoi ,Ing Cot .- No member of the indtitrv and no

member of the. trade shall sell below allowable cost. Allowable

cost, in the case of a member of the industry, is defined to mean

the cost of the lowest cost producer in the industry. Allowable

cost in the case of a member of the trade is defined to mean the cot

of the lowest cost niember of the trade. After the effective date of

this code the Code Authority shall formulate or cause to be fornilated a system of cost accountin(r subject to the approval of the

Administrator. Such system of cost accounting shall bK used by each

member of the industry and/or trade with the neec-sary additions

thereto or exceptions or variation therefrom to suit individual requirements, as may be approved by the Administrator. The mi form

system of cost accounting shall stipulate all items to be included in

computing_ allowable cost.

Dropped lines may be sold at such prices as are necessary to move

the merchandise into buyer's hands. However all such stocks and

the essential circumstances surrounding their sale must be reported

to the Code Authority within two weeks of such disposal.

RULE 14. Quaity Jlaineteuantce of Parts.-No member of the industry and/or trade shall offer for sale or sell a part of any industrial

safety equipment, approved by the Bureau of Mines, the Bureau of

Standards, the American Medical Association or the American Gas

Association, or any other Bureau or Association approved by the

Code Authority, with the consent of the Administrator, for substitution or for replacement of a part of such approved equipment except

such be a part manufactured by the manufacturer of the original

approved equipment, or such be a part of equal or superior merit

approved for substitution or replacement by the original approving

Bureau or Association.

ARTICLE IX-SUPPLEMENTARY CODES

Particular product groups of competitors within the industry

and or trade may, with the approval of the Code Authority and/or

the Administrator, establish supplementary codes of fair competition

applying to their particular products and not conflicting with the

provisions of this Code. Such a supplementary code shall apply to

all members of the particular product groups within the industry,

on that part of their butsiness covered by the definition of the prodtt

or products.

ARTICLE X--XPORT SALES

No provision of this Code relating to prices or terms of selling,

shipping or marketing shall apply on sales or shipments for export

trade.
436

ARTICLE XI--MODIFICATION

SECT1ON 1. This Code and all the provisions thereof are expressly

made subject to the right of the President, in accordance with the

provisions of subsection (b) of Section 10 of the National Industrial

Recovery Act. from time to time to cancel or modify any order,

approval. license. rule or regulatioi issued under Title I of said Act

and specifically. but without limitation, to the right of the President

to cancel or dify his approval of this Code or any conditions

imposed by im upon his approval thereof.

SECTION 2. Ihis Code. except as to provisions required by the Act,

may be modified 01 the basis of experience or changes in circumstan':es. such modification to be based upon application to the Administrator and such notice and hearing as he shall specify, and to

become effective 01 approval of the Administrator.

ARTICLE: -XT- INoPOLEs. ETC.

No provision of this Code shall be so applied as to permit monopolie- or monopolistic practices, or to eliminate, oppress, or discrimimite a1ga1in som11 enterprises.

ARTICLE XIII-EFFECTIVE DATE

This Code shall become effective eleven days after its approval by

the President.

Approve(d Code Nc 315.

Registry No. 1319-24.
SChEDULE A

PRODUCTS OF THE INDUSTRIAL SAFETY EQUIPMENT INDUSTRY REFERRED TO IN

THE DI'INITION OF THE INDUSTRY IN ARTICLE II OF THIS CODE

Steel reinforced and steel seived gloves and mittens

Steel reinforced hand pads

Safety arm protectors and sleeves

Welding gloves (excepting rubber gloves)

Asbestos gloves and mitts

Safety leggings

Safety spats

Safety aprons

Leather, asbestos and flreproof duck coats, pants and suits

Industrial safety belts for personal wear

Protective safety hats (not including metal hats)

Welding helmets and welding hand shields

Sandblast helmets

Specially designed safety protective clothing

Eye shields

Detachable safety guards

Safety grips for ladders

Safety cans for hazardous liquids

Respiratory protective equipment includingRespirattrs

Gas masks

Hose masks

Babbitting masks and shields

Selfcontained breathing apparatus

Submarine escape apparatuss

Resuscitating apparatus

Detectors and recorders for explosive and/or toxic gases

Safety apparatus and/or equipment specifically used for prevention of gas anti

dust explosions in mines

Safety la mps for mine and industrial use, to protect against expl sive and/or

toxic gases (except tiashligits)

Industrial firt aid equipment includingFirst aid kits and materials for same used in industry, transportation and

service for dressing personal injuries

And like instrunents and/or equipment worn or used in industry, transportation, trade, commerce and service to protect workers from injury,

(437)
UNIVERSITY OF FLORIDA

3 1262 08582 8951

SCHEDULE B

PRODUCTS DISTRIBUTED AND/OR SOLD BY THE INDUSTRIAL SAFETY EQUIPMENT

TRADE REFERRED TO IN THE DEFINITION OF THE TRADE IN ARTICLE II OF

THIS CODE

All of the products listed in Schedule A, and in addition

Industrial safety shoes

All industrial goggles and eye protectors (excepting the following: sun

glasses, sport glasses, aviator's goggles, and industrial goggles and eye

protectors fitted with prescription lenses)

And like instruments and/or equipment worn or used in industry, transportatioD, trade, commerce and service to protect workers from injury.

(438)

0