194 Wis. 610 | Wis. | 1928
Herbert T. Childs fell from a scaffold upon which he was working while engaged in painting the steel work in a garage as an employee of Bentley Brothers, Inc. The scaffold consisted of a two-inch plank, which was fourteen inches wide. One end of it was supported by a trellis or girder, the other by a step-ladder. It was about ten or twelve feet above the floor of the garage. Childs and another workman had been working upon this scaffold for several hours. They could paint only a space of four or five feet in width without moving the scaffold, which they were required to do every hour, or thereabouts. Childs was working on the end of the plank supported by the trellis or girder. His companion was working on the other end of the plank supported by the step-ladder. Besides the workmen, paint pails and dusters were on the plank. While thus engaged, Childs fell from the plank to the floor of the garage, sustaining injuries.
The evidence taken before the Industrial Commission fails to reveal the manner in which Childs fell or the reason for his fall. The plank did not break nor tip. Nothing on the plank was disturbed except a duster. In his application for compensation the applicant states that the accident was caused as follows: “By a defective steam pipe, which had been (was) failed to be screwed in securely and broke off when my weight strained on it. And broke off which pipe was in hand when fell.” This would seem to give rise to the inference that Childs was hanging on a pipe as he leaned over painting, or that he lost his balance and grasped the pipe as he fell.
General Order 3502 of the Industrial Commission provides : “Safe and appropriate scaffolds shall be provided for workmen in exposed or elevated places.” This is but a sort of preamble to further provisions not only of General Order 3502 but General Orders 3503, 3504, 3505, and 3506 prescribing details to be observed in the construction of scaffolds, none of which, however, applies to the scaffold upon which the applicant was working, except a provision that “All wood used in scaffolds shall be of good quality, reasonably straight grained, and free from weakening knots and other defects.” And the further provision that “In case of scaffolds for painting, paper hanging, and similar work (but not for mason work, plastering, or other work involving heavy materials), the spans of two-inch planks may exceed six feet if selected planks are used which have been tested with a load at least three times as great as the greatest loads which the planks are to carry.”
The order is but the reiteration of a general rule already declared by statute. The language of the Industrial Commission, however, is broader than the language of the statute. The statute requires every employer to furnish a safé place of employment (sec. 101.06), and defines the term “safe,” as used in such connection, to mean “such freedom from danger to the life, health, safety or welfare of employees ... as the nature of the employment, or place of employment, . . . will reasonably permit.” Sec. 101.01 (11). It will thus be seen that while the statute requires the place of employment to be as free from danger as the nature of the employment will reasonably permit, the order of the Industrial Commission lays out of consideration the question of reasonableness and assumes to require all scaf
The General Orders of the Industrial Commission heretofore cited indicate that that body has considered the matter of scaffolds. As a result of such consideration it has prescribed rather comprehensive details of construction which must be observed. It must be presumed that the Commission went as far in prescribing safeguards in the construction of scaffolds as the various employments would reasonably permit. The attorney general suggested, on oral argument, that
By the Court. — Judgment reversed, and cause remanded with instructions to render judgment setting aside the award of the Industrial Commission.