New York (State). Division of Industrial Hygiene

New York State established a program to monitor occupational diseases in 1914 (Chap. 145) when it created a Division of Industrial Hygiene (DIH) in the State Department of Labor (DOL) to aid in the enforcement of labor laws. This Division was almost entirely staffed by technical experts in various fields, and DOL claimed it was the first unit of its kind in the country. Among the new Division's many functions was the investigation of reported cases of occupational disease and the study of types of industries and workers to determine the causes and prevention of occupational disease. Despite changes in the Division's operations, these two core functions remained with the Division until it was disbanded in the early 1970s.

From the late 1930s until it was abolished, DIH conducted investigations to provide data and technical assistance required by other DOL divisions including the Division of Industrial Safety Service in cases of enforcement actions related to industrial hygiene codes, and the Board of Standards and Appeals in cases of appeals or the reevaluation or establishment of a code. In addition, DIH conducted investigations related to workers compensation cases for the Workmen's (now Worker's) Compensation Board (WCB). As part of the Division's general industrial health program, DIH also conducted special investigations and studies to detect, control, and prevent occupational disease. These investigations were taken on either by the initiative of the Division, or in response to requests from groups outside DOL (e.g. labor unions, industry associations, the Legislature or Governor). Some of these investigations took the form of major studies of an industry, firm or type of worker.

Between 1937 and 1957, depending on their nature, investigations were conducted by DIH's Medical, Engineering, or Chemical units. In 1957, DIH reorganized these units to encourage an interdisciplinary approach to investigations. A new Occupational Medical Section was formed to perform medical evaluations of toxic hazards and industrial disease; to research the causes, detection, and prevention of occupational disease; and to provide educational and consultation services. This reorganization coincided with an increased interest in basic research, which probably resulted from the leadership of Dr. Morris Kleinfeld, DIH's new director, and a leader in occupational health research. Kleinfeld headed the Division into the 1970s and included on his senior staff such noted occupational health researchers as Dr. Jacqueline Messite.

In 1970 the United States Congress passed the Federal Occupational Safety and Health Act (OSHA), which gave the U.S. Secretary of Labor (SOL) virtually exclusive responsibility over most occupational safety and health enforcement in the nation. A state could maintain its own program if the SOL approved by the end of 1972 a plan demonstrating that its program was at least as effective as the Federal program. New York intended to maintain its own program and submitted a plan to the SOL in September 1972. However, because the plan was not approved by the end of the year, the Federal Government "temporarily" preempted New York's safety and health enforcement authority. In 1975 this preemption became permanent and New York passed legislation (Chap. 756) giving DOL the authority to establish health and safety programs in areas not covered by OSHA, specifically for public employees who were originally not covered by OSHA. DIH was replaced by a new division that combined the health and safety functions left to DOL, as the core functions of DIH were preempted by OSHA. In 1976 Governor Hugh Carey issued Executive Order #30 which established an occupation health unit in the Department of Health to insure that occupational health related problems were detected, defined, studied and resolved. The Executive Order also specifically transferred to DOH all DIH occupational health investigation records and required DOH to conduct a comprehensive review of these records.

From the New York State Archives, Cultural Education Center, Albany, NY. Agency record NYSV2111432-a