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Echoes of the Triangle Shirtwaist Fire in Today’s Debate over Regulation

One hundred years ago today, 146 people perished in one of the nation’s worst workplace tragedies – the Triangle Shirtwaist Factory Fire in the heart of New York City. The story is gruesome, and each detail of exactly how so many people were trapped in a burning building was, and remains, a reminder of what can happen when worker safety is sacrificed in the name of profit.

Here’s the barest sketch. The Triangle Waist Factory in lower Manhattan relied on cheap, exploitable labor to produce women’s blouses – shirtwaists, as they were known. The factory occupied the 8th, 9th and 10th floors of a building at 29 Washington Place, and its employees were mostly young immigrant women, some as young as 14. They’d come to the United States for a better life, and found themselves working more than 50 hours a week, six days a week, in a non-union shop, laboring under sweatshop conditions. (This, of course, was before unions had essentially created the concept of “the weekend.”)

On March 25, 1911, at about 4:45 p.m., fire broke out on the 8th floor and spread quickly to floors above, fueled by piles of fabric scraps. The factory had no alarm system and no sprinklers, although such technology was available. Workers were quickly trapped, not just by the flames but by doors locked by company officials worried that workers would abscond with fabric if allowed to leave by any but the main door. The fire escapes did not reach to the ground, and eventually collapsed under the weight of the many escapees. A heroic elevator operator made several rescue runs but had to abandon the effort when the elevator’s guide rails buckled under the heat. Responding fire trucks lacked ladders that could reach the victims. Faced with the prospect of being burned alive, many of the workers chose instead to leap to their deaths. 

Watching in shock that day was a young social worker, Frances Perkins, who would go on to champion a successful crusade for safer working conditions. (She would later become the first female Cabinet member, serving as FDR’s Labor Secretary.)

In a spot-on piece in Wednesday’s Washington Post, columnist Harold Meyerson observes that industry rose in opposition to Perkins’ proposed reforms, offering arguments that ring familiar even today. Proposed fire code reforms would cause “the wiping out of industry in this state,” said the Associated Industries of New York, and were “absolutely needless and useless,” said a lawyer for the Real Estate Board of New York City. The president of the Real Estate Board argued that, “To my mind this is all wrong….The experience of the past proves conclusively that the best government is the least possible government, that the unfettered initiative of the individual is the force that makes a country great and that this initiative should never be bound…”

Child labor reforms met similar opposition. Said one company official, “I have seen children working in factories, and I have seen them working at home and they were perfectly happy.”

Responding to a proposed law requiring occupancy limits keyed to the number of exits and floors in a building, a trade association wrote, “While we are in favor of a restricted occupancy…we believe that the bill in the form proposed will work great disadvantage to our trades, requiring manufacturers almost to double their area capacity in order to employ the usual amount of people that their business demands. We respectfully submit that any such procedure would not only be of great injury to the trade, but to the state, by forcing a number of these establishments to remove their factories to other states.”

In the end, reforms did not have the disastrous effects on the economy that industry predicted. Businesses did not move out in droves, or in trickles, for that matter. And workers found safer conditions that included sprinkler systems, fire drills, unlocked doors that were required to swing outwards, and fireproof stairways and fire escapes. Reforms to labor laws included bans on employing children in hazardous work, limits on total weekly work hours for women, and more frequent worksite inspections.

In their day, those were momentous reforms, and thankfully, we’ve moved onto other workplace safety issues. But 100 years after the fire, what’s striking is that the contour of the debate is essentially the same. For the past two months, various committees in the House have conducted a series of hearings aimed at building the case against government regulation. The majority in the House has used wildly inflated estimates of the cost to industry of regulation, while scrupulously ignoring the much greater benefits. And they’ve consistently derided regulation as job-killing and economy-wrecking, hoping Americans will forget that the recession began before President Obama was elected and appointed his regulatory team, and that it was caused by the industry-first, laissez-faire approach to regulation that defined the Bush II era.

We have a very long way to go yet on workplace safety issues, as the BP and Massey mine disasters demonstrate. But two things remain constant: First, industry is always tempted to cut corners to improve its bottom line, making regulation necessary. Second, despite their repeated and overheated assertions that each worker safety improvement, each environmental rule, each food safety requirement, will run them out of business, they find a way to prosper.

 

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Matthew Freeman | March 25, 2011

Echoes of the Triangle Shirtwaist Fire in Today’s Debate over Regulation

One hundred years ago today, 146 people perished in one of the nation’s worst workplace tragedies – the Triangle Shirtwaist Factory Fire in the heart of New York City. The story is gruesome, and each detail of exactly how so many people were trapped in a burning building was, and remains, a reminder of what […]

Douglas Kysar | March 24, 2011

As the VSL Turns…: In Value of a Statistical Life Debate at EPA, Moral Decisions Hide Behind Technical Jargon

A report yesterday from Inside EPA offered a fascinating overview of the agency’s struggle to update the way it assigns dollar values to the suffering and premature death that its regulations prevent. Seriously, as far as economic esoterica goes, this stuff is riveting. What’s more, your life may depend on it. Currently, EPA values each statistical human […]

Lesley McAllister | March 24, 2011

Energy Efficiency on the Rebound?

Cross-posted from Environmental Law Prof Blog. Energy efficiency policy is one of the few areas where we might still expect some progress at the federal level toward reducing greenhouse gas emissions in the next few years.  Predictably, energy efficiency has become the target of criticism. Republican senators argue that phasing out inefficient incandescent light bulbs […]

Ben Somberg | March 23, 2011

Mintz Op-ed Looks at the Real Consequences of Proposed EPA Budget Cuts

CPR Member Scholar Joel Mintz has an op-ed in the South Florida Sun-Sentinel taking a look at the House’s continuing resolution for the FY 2011 budget and what it would do to the EPA. Writes Mintz: House leaders would have us believe they’re cutting fat from the budget. In fact, they’re taking dead aim at […]

| March 22, 2011

Does the Radiation from Japan Violate International Law When It Crosses International Boundaries?

Friday, the first traces of the plume of radioactive gas from the damaged Japanese reactors were reported to reach California. The cornerstone of international environmental law is often said to be the “prevention principle,” which says that states have “the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the […]

Rebecca Bratspies | March 21, 2011

Separating the Natural and Environmental Disasters in Japan

The twin natural disasters that struck Japan this month, earthquake and tsunami, left a trail of devastation in their path. Entire villages were lost. The death toll currently stands at more than 8,000 but is expected to rise much higher (more than 13,000 are missing). Even as survivors struggle for shelter, warmth and food, the natural […]

Robert Adler | March 18, 2011

CAFOs, Circularity and Certainty in the CWA: Fifth Circuit’s Decision in National Pork Producers Council v. EPA Raises Problems

A decision issued on March 15 by a panel of the U.S. Court of Appeals for the Fifth Circuit vacated portions of EPA’s Clean Water Act (CWA) regulations, issued most recently in 2008, governing water pollution from concentrated animal feeding operations, or “CAFOs”. In National Pork Producers Council, et al. v. United States Environmental Protection […]

Rena Steinzor | March 17, 2011

A Regulatory Czar in the Imperial Tradition: A Look at the Snowe-Coburn Small Business Regulatory Freedom Act

Who’s the most powerful person in the Executive Branch these days, other than the President, the Vice President, their chiefs of staff, and—on any given day—the Secretaries of Defense or State?   If odd Senate bedfellows Olympia Snowe (R-ME) and Tom Coburn (R-OK) have their way, the new, genuinely imperial regulatory czar will be one Dr. […]

Rena Steinzor | March 16, 2011

Thousands of Babies Clapping: Lisa Jackson Brings Mercury Home

My bet is that EPA Administrator Lisa Jackson will do a little victory dance in her office before going home this evening. She’s earned it. After 20 years of false starts, EPA is issuing today the first proposed rule to control poisonous mercury emissions from power plants. They’re doing it despite a concerted blast of […]