Factories Act , 1955

(b) where the persons employed are employed in shifts, the calculation of the number employed shall be according to the largest number at work at any one time.

(9) The contents of any room in which persons are employed shall be so arranged or disposed that there is a free passage-way for all persons employed in the room to a means of escape in case of fire.

48 Instructions as to use of means of escape in case of fire.

48.—(1) Where in any factory more than twenty persons are employed in the same building above the first floor or more than twenty feet above the ground level, or explosive or highly inflammable materials are stored or used in any building where persons are employed, effective steps shall be taken to ensure that all the persons employed are familiar with the means of escape in case of fire and their use and with the routine to be followed in case of fire.

(2) For the purposes of subsection (1) of this section—

(a) the number of persons employed in the same building above the first floor or more than twenty feet above the ground level shall be taken to be the largest number so employed at any one time,

(b) where the persons are employed in shifts, the calculation of the number employed shall be according to the largest number at work at any one time.

(3) The Minister may make regulations as to the steps to be taken for the purposes mentioned in subsection (1) of this section in the factories mentioned in that subsection or any class or description of those factories.

49 Power of Minister to require special safety arrangements for the prevention of accidents.

49.—Where it appears to the Minister that, in view of the number and nature of accidents occurring in any factory or class or description of factory, special provision ought to be made at that factory or at factories of that class or description to secure the safety of persons employed therein, he may make special regulations requiring the occupier to make such reasonable provision by arrangements for special supervision in regard to safety, investigation of the circumstances and causes of accidents, and otherwise as may be specified in the regulations.

50 Power of the District Court to make orders as to dangerous conditions and practices.

50.—(1) If, on complaint by the Minister, the District Court is satisfied either—

(a) that any part of the ways, works, machinery or plant used in a factory is in such a condition or is so constructed or is so placed that it cannot be used without risk of bodily injury, or

(b) that any process or work is carried on or anything is or has been done in a factory in such manner as to cause risk of bodily injury,

the Court shall, as the case may require, by order—

(i) prohibit the use of that part of the ways, works, machinery or plant or, if it is capable of repair or alteration, prohibit its use until it is duly repaired or altered, or

(ii) require the occupier to take such steps as may be specified in the order for remedying the danger complained of.

(2) Where a complaint is or has been made under subsection (1) of this section in relation to any part of the ways, works, machinery or plant used in a factory or any process or work carried on or anything which is or has been done in a factory, the District Court may, on application ex parte by the Minister and on receiving evidence that the use of such part or, as the case may be, the carrying on of such process or work or the doing of such thing involves imminent risk of serious bodily injury, make an interim order prohibiting, either absolutely or subject to conditions, the use, carrying on or doing thereof until the earliest opportunity for hearing and determining the complaint.

51 Power of the District Court to make orders as to dangerous factory.

51.—(1) The District Court may, on complaint by the Minister, and on being satisfied that any factory or part of a factory is in such a condition, or is so constructed or placed, that any process or work carried on therein cannot be so carried on with due regard to the safety, health and welfare of the persons employed, by order prohibit the use thereof for the purpose of that process or work.

(2) The carrying on of any process or work may, by an order under subsection (1) of this section, be prohibited either indefinitely, or until such steps have been taken as may be specified in the order to enable the process or work to be carried on with due regard to the safety, health and welfare of the persons employed or without such a contravention as aforesaid, as the case may be; but any such order may be revoked or varied on the application by way of complaint of the occupier or owner of the factory or premises.

(3) On any application for the revocation or variation of an order under subsection (1) of this section, the Minister shall be entitled to be heard.

PART IV. Welfare (General Provisions).

52 Supply of drinking water.

52.—(1) There shall be provided and maintained at suitable points conveniently accessible to all persons employed an adequate supply of wholesome drinking water from a public main or from some other source approved in writing by the sanitary authority, such approval not to be withheld except on the ground of the unwholesomeness of the water.

(2) A supply of drinking water which is not laid on shall be contained in suitable vessels and shall be renewed at least daily, and all practicable steps shall be taken to preserve the water and vessels from contamination.

(3) In subsection (2) of this section “suitable vessels” does not include open barrels, pails, tanks or other containers from which the water must be obtained by dipping or pouring, whether they are fitted with covers or not.

(4) A supply of drinking water (whether laid on or not) shall be clearly marked “Drinking Water”.

(5) Except where the water is delivered in an upward jet from which the employed persons can conveniently drink, one or more suitable cups or drinking vessels shall be provided at each point of supply with facilities for rinsing them in drinking water.

53 Washing facilities.

53.—(1) There shall be provided and maintained for the use of employed persons adequate and suitable facilities for washing which shall include soap and clean towels or other suitable means of cleaning or drying, and the facilities shall be conveniently accessible and shall be kept in a clean and orderly condition.

(2) The Minister, after consultation with the Minister for Health, may, by regulations, prescribe, either generally or as respects any class or description of factory or as respects the persons employed in any process, a standard of adequate and suitable washing facilities.

(3) The Minister may, by regulations, provide for the exemption of factories from any of the requirements of this section in cases where, by reason of the difficulty of obtaining an adequate supply of water, or the fact that accommodation is restricted and adequate and suitable washing facilities are otherwise conveniently available or such other special circumstances as may be specified in the regulations, the application of the requirement would in his opinion be unreasonable.

54 Accommodation for clothing.

54.—(1) There shall be provided and maintained for the use of employed persons adequate and suitable accommodation for clothing not worn during working hours and such arrangements as are reasonably practicable, or where a standard is prescribed, such arrangements as are specified in the relevant regulations, shall be made for drying such clothing.

(2) The Minister, after consultation with the Minister for Health, may, by regulations, prescribe, either generally or as respects any class or description of factory, a standard of adequate and suitable accommodation for clothing of employed persons not worn during working hours and of arrangements for drying such clothing.

(3) The Minister may by regulations provide for the exemption of factories from any of the requirements of this section in cases where by reason of such special circumstances as may be specified in the regulations the application of the requirement would in his opinion be unreasonable.

55 Facilities for sitting.

55.—(1) Where any employed persons have in the course of their employment reasonable opportunities for sitting without detriment to their work or where a substantial proportion of any work done by employed persons can properly be done sitting, there shall be provided and maintained for their use suitable facilities for sitting.

(2) The Minister may, by regulations, prescribe a standard of suitable facilities for sitting for factories or any class or description of factory or parts thereof, or for any process.

56 First-aid.

56.—(1) There shall be provided and maintained so as to be readily accessible a first-aid box or cupboard of such standard as, after consultation by the Minister with the Minister for Health, may be prescribed, and where more than one hundred and fifty persons are employed, an additional box or cupboard for every additional one hundred and fifty persons.

(2) For the purposes of subsection (1) of this section—

(a) the number of persons employed in a factory shall be taken to be the largest number of persons employed therein at any one time, and any fraction of one hundred and fifty shall be taken to be one hundred and fifty,

(b) where the persons employed are employed in shifts, the calculation of the number employed shall be according to the largest number at work at any one time.

(3) Nothing except appliances or requisites for first-aid shall be kept in a first-aid box or cupboard.

(4) Each first-aid box or cupboard shall be placed under the charge of a responsible person who shall, in the case of a factory where more than fifty persons are employed, be trained in first-aid treatment, and the person in charge shall always be readily available during working hours.

(5) There shall be kept posted in each workroom a notice stating the name of the person in charge of the first-aid box or cupboard provided in respect of that room.

(6) If an ambulance room is provided at the factory and such arrangements are made as to ensure the immediate treatment there of all injuries occurring in the factory, the Minister may by certificate exempt the factory from the requirements of this section to such extent and subject to such conditions as he may specify in the certificate.

57 Welfare regulations.

57.—(1) Where it appears to the Minister that provision requires to be made in relation to any of the matters to which this section applies for securing the welfare of the persons employed or any class of them, he may make special regulations (in this Act referred to as welfare regulations) requiring such reasonable steps to be taken in connection therewith as may be specified in the regulations, either in addition to, or in substitution for, or by way of extension or variation of, any of the foregoing provisions of this Part of this Act.

(2) This section applies to—

(a) the matters dealt with in the foregoing provisions of this Part of this Act,

(b) arrangements for preparing or heating, and taking, meals,

(c) the supply of protective clothing,

(d) arrangements for protection of persons employed where they are exposed to unduly high or unduly low temperatures,

(e) ambulance and first-aid arrangements,

(f) the supply and use of seats in workrooms,

(g) rest rooms,

(h) arrangements for the supervision of persons employed.

(3) This section shall not apply to factories in which the only persons employed are members of the same family dwelling there.

(4) Welfare regulations may—

(a) be made for a particular factory or for factories of any class or description,

(b) be made contingent in respect of particular requirements upon application being made by a specified number or proportion of the employed persons concerned, and prescribe the manner in which the views of the persons employed are to be ascertained,

(c) provide for the employed persons concerned being associated in the management of the arrangements, accommodation or other facilities for which provision is made, in any case where a portion of the cost is contributed by the persons employed; but no contribution shall be required from the persons employed in any factory, except for the purpose of providing additional or special benefits which, in the opinion of the Minister, could not reasonably be required to be provided by the employer alone, and unless two-thirds at least of the employed persons affected in that factory, on their views being ascertained in the prescribed manner, assent.

(5) Welfare regulations may impose duties on owners and, so far as relates to the use of any facilities provided, on employed persons.

(6) The Minister may by regulations extend the matters to which this section applies so as to include other matters affecting the welfare of employed persons or any class of them.

PART V. Health, Safety and Welfare (Special Provisions and Regulations).

58 Removal of dust or fumes.

58.—(1) In every factory in which, in connection with any process carried on, there is given off any dust or fume or other impurity of such a character and to such an extent as to be likely to be injurious or offensive to the persons employed, or any substantial quantity of dust of any kind, all practicable measures shall be taken to protect the persons employed against inhalation of the dust or fume or other impurity and to prevent its accumulation in any workroom, and in particular, where the nature of the process makes it practicable, exhaust appliances shall be provided and maintained, as near as possible to the point of origin of the dust or fume or other impurity, so as to prevent it entering the air of any workroom.

(2) No stationary internal combustion engine shall be used unless—

(a) provision is made for conducting the exhaust gases from the engine into the open air,

(b) the engine (except when used for the purpose of being tested) is so partitioned off from any workroom or part of a workroom, in which persons are employed other than persons attending to the engine, as to prevent any injurious fumes from the engine entering the air of the room or part of the room.

59 Meals in certain dangerous trades.

59.—(1) Where in any room lead, arsenic or other poisonous substance is so used as to give rise to any dust or fume, or a process is carried on which gives rise to siliceous dust or asbestos dust, a person shall not be permitted to partake of food or drink in that room or to remain in that room during the intervals allowed to him for meals or rest.

(2) Suitable provision shall be made for enabling the persons employed in any such room as is mentioned in subsection (1) of this section to take their meals elsewhere in the factory.

(3) Where it appears to the Minister that, by reason of the nature of any process, it is injurious to health or otherwise undesirable to take meals in rooms where that process is carried on or to remain therein during the intervals allowed for meals or rest, he may, if he thinks fit, by regulations, made after consultation with the Minister for Health, extend all or any of the provisions of subsections (1) and (2) of this section to rooms where that process is carried on.

60 Protection of eyes in certain processes.

60.—In the case of any such process as may be specified in regulations made by the Minister after consultation with the Minister for Health, being a process which involves a special risk of injury to the eyes, suitable goggles or effective screens shall, in accordance with any directions given by the regulations, be provided to protect the eyes of the persons employed in the process.

61 Shuttle threading by mouth suction.

61.—The Minister may make such special regulations as appear to him to be reasonably practicable for extending the provision and use in factories, in which the weaving of cotton or other cloth is carried on, of shuttles which are not capable of being threaded or readily threaded by suction of the mouth, and any such regulations may impose duties on persons employed as well as on occupiers.

62 Prohibition of use of white phosphorus in manufacture of matches.

62.—A person shall not use in the manufacture of matches the substance usually known as white or yellow phosphorus.

63 Humid factories.

63.—(1) The occupier of every humid factory shall, on or before the first occasion on which artificial humidity is produced at that factory, give notice thereof in writing to the Minister.

(2) In every humid factory in which regulations made under this Act or under the enactments thereby repealed, with respect to humidity, are not for the time being in force, the following provisions shall have effect:

(a) subject to subsections (3) and (4) of this section, there shall be provided and maintained in every room in which artificial humidity is produced, two hygrometers, conforming to such conditions, as regards construction and maintenance, as may be prescribed, and the following requirements with respect thereto shall be complied with:

(i) one hygrometer shall be fixed in the centre and one at the side of each room, or in such other position as may be directed or sanctioned by an inspector, so as to be plainly visible to the persons employed;

(ii) a copy of the table of humidity set out in the Second Schedule to this Act, or such other table as may be substituted therefor by regulations of the Minister, shall be kept hung up near to each hygrometer;

(iii) the occupier or other person authorised for the purpose shall read the hygrometers twice daily, namely, between ten and eleven o'clock in the morning and between three and four o'clock in the afternoon on every day on which any persons are employed in the room in the morning or afternoon, as the case may be, and when persons are employed before six o'clock in the morning or after eight o'clock in the evening, at such other times as may be directed by an inspector and shall enter the readings on a record which shall be provided for each hygrometer in the prescribed form;

(iv) the forms on which the readings of each hygrometer are recorded shall be kept hung up near the hygrometer and when filled up shall be preserved at the factory for reference;

(v) the entries recorded in any such form shall be prima facie evidence of the humidity of the atmosphere and temperature in the factory;

(b) there shall be no artificial humidification in any room at any time when the reading of the wet bulb thermometer exceeds seventy-two and a half degrees or, in the case of a room in which the spinning of cotton or in which the spinning of merino or cashmere by the French or dry process or the spinning or combing of wool by that process is carried on, eighty degrees;

(c) there shall be no artificial humidification in any room at any time when the difference between the readings of the dry and wet bulb thermometers is less than that indicated in the table of humidity;

(d) no water which is liable to cause injury to the health of the persons employed, or to yield effluvia, shall be used for artificial humidification, and for the purpose of this provision any water which absorbs from acid solution of permanganate of potash in four hours at sixty degrees more than half a gram of oxygen per gallon of water, shall be deemed to be liable to cause injury to the health of the persons employed.

(3) The Minister may direct in writing, in the case of any factory or any room in a factory, that the provision and maintenance of one hygrometer shall be sufficient instead of two, the hygrometer to be fixed in such a position as may be directed by an inspector, and subsection (2) of this section shall have effect accordingly.

(4) Where, as respects any room, notice has been given in writing to the Minister that it is intended that the humidity of the atmosphere should never be greater than will maintain a difference of at least four degrees between the readings of the dry and wet bulb thermometers subparagraphs (iii) and (iv) of paragraph (a) of subsection (2) of this section shall not apply as respects that room so long as at least that difference is maintained and a copy of the said notice is kept posted in the room.

64 Underground rooms.

64.—(1) Work shall not be carried on in any underground room (not being an underground room used only for the purpose of storage or for some purpose excepted by order of the Minister) which is certified by the Minister to be unsuitable for the purpose as regards construction, height, light or ventilation, or on any hygienic ground, or on the ground that adequate means of escape in case of fire are not provided.

(2) Where the Minister certifies under subsection (1) of this section as unsuitable any room which is in actual use, he shall suspend the operation of the certificate for such period as he considers reasonable with a view to enabling the occupier to render the room suitable or to obtain other premises.

(3) In the case of any underground room which at the commencement of this Act does not form part of a factory or is not used as a workroom in a factory or is used only for the purpose of storage or for some purpose excepted by order under subsection (1) of this section, the occupier—

(a) shall, before the room is used for work for which it may be certified as unsuitable under this section, give notice in writing to the Minister and supply the Minister with such information as the Minister may require him to give,

(b) shall not use the room for any such process as may be specified in regulations made by the Minister, being a process of a hot, wet or dusty nature, or which is liable to give off any fume, without the consent in writing of the Minister.

(4) If the occupier is aggrieved by any decision of the Minister under this section—

(a) he may, within twenty-one days of the date of issue of the certificate or the refusal of the consent, as the case may be, appeal by way of complaint to the District Court,

(b) pending the final determination of an appeal against a decision under subsection (1) of this section in the case of a room in actual use, no offence shall be deemed to be committed by reference to that subsection in respect of the room to which the appeal relates,

(c) the decision of the Court shall in all cases be binding on the occupier and the Minister.

(5) In this section, “underground room” means any room which or any part of which is so situate that half or more than half the whole height thereof, measured from the floor to the ceiling, is below the surface of the footway of the adjoining street or of the ground adjoining or nearest to the room.

65 Basement bakehouses.

65.—(1) Without prejudice to section 64 of this Act, a basement bakehouse shall not be used as a bakehouse after the expiration of three years from the commencement of this Act.

(2) Where, as respects any basement bakehouse, the Minister is satisfied—

(a) that it was in use as a bakehouse on the 7th day of July, 1954, and

(b) that it is suitable for use as a bakehouse as regards construction, height, light, ventilation, hygiene and means of escape in case of fire,

the Minister, after consultation with the Minister for Health, may by certificate exempt such basement bakehouse from subsection (1) of this section.

(3) Notwithstanding any other provision of this Act, a certificate issued under subsection (2) of this section shall be for a specified period (being, in the case of a basement bakehouse other than a basement bakehouse at least one side of which is not below ground level, a period not exceeding five years), but such certificate may be renewed.

(4) In this section—

“basement bakehouse” means a bakehouse, any bakery room of which is so situate that the surface of the floor is more than three feet below the surface of the footway of the adjoining street or of the ground adjoining or nearest to the room;

“bakery room” means any room used for baking, or for any process incidental thereto.

66 Laundries.

66.—In every laundry—

(a) effective steps shall be taken by means of a fan or otherwise to regulate the temperature in every ironing room, and to carry away the steam in every washhouse,

(b) all stoves for heating irons shall be so separated from any ironing room or ironing table as to protect the workers from the heat thereof,

(c) no gas iron emitting any noxious fumes shall be used.

67 Lifting excessive weights.

67.—(1) A person shall not be employed to lift, carry or move any load so heavy as to be likely to cause injury to him.

(2) The Minister may, after consultation with the Minister for Health, make regulations prescribing the maximum weights which may be lifted, carried or moved by persons employed in factories, and any such regulations may prescribe different weights in different circumstances and may relate either to persons generally or to any class of persons or to persons employed in any class or description of factory or in any process.

68 Prohibition of employment of female young persons where certain processes are carried on.

68.—(1) Where in any part of a factory—

(a) the process of melting, or of blowing glass other than lamp blown glass,

(b) the process of annealing glass other than plate or sheet glass, or

(c) the evaporating of brine in open pans, or the stoving of salt,

is carried on, a female young person shall not be employed in that part of the factory.

(2) The Minister may by regulations, made after consultation with the Minister for Health, extend this section to any process in which, on account of the special circumstances, it appears to him undesirable that female young persons should be employed and, if he is satisfied that owing to a change in the circumstances in which any process specified in subsection (1) of this section is carried on the provisions of this section ought not to apply or ought to be relaxed with respect to that process, he may by regulations direct that this section shall, to such extent and subject to such conditions as may be specified in the regulations, cease to apply to that process.

69 Prohibition of employment of women and young persons in certain processes connected with lead manufacture.

69.—A woman or young person shall not be employed in any factory in any of the following operations:—

(a) work at a furnace where the reduction or treatment of zinc or lead ores is carried on;

(b) the manipulation, treatment or reduction of ashes containing lead, the desilverising of lead, or the melting of scrap lead or zinc;

(c) the manufacture of solder or alloys containing more than ten per cent. of lead;

(d) the manufacture of any oxide, carbonate, sulphate, chromate, acetate, nitrate or silicate of lead;

(e) mixing or pasting in connection with the manufacture or repair of electric accumulators;

(f) the cleaning of workrooms where any of the processes aforesaid are carried on.

70 Provisions as to employment of women and young persons in processes involving use of lead compounds.

70.—(1) A woman or young person shall not be employed in any factory in any process involving the use of lead compounds if the process is such that dust or fume from a lead compound is produced therein, or the persons employed therein are liable to be splashed with any lead compound in the course of their employment, unless the following provisions are complied with as respects all women and young persons employed:—

(a) where dust or fume from a lead compound is produced in the process, provision shall be made for drawing the dust or fume away from the persons employed by means of an efficient exhaust draught so contrived as to operate on the dust or fume as nearly as may be at its point of origin;

(b) the persons employed shall undergo the prescribed medical examination at the prescribed intervals, and the prescribed record shall be kept with respect to their health;

(c) food, drink or tobacco shall not be brought into or consumed in any room in which the process is carried on, and a person shall not be allowed to remain in any such room during meal times;

(d) suitable protective clothing in a clean condition shall be provided by the occupier and worn by the persons employed;

(e) such suitable cloak-room, mess-room and washing accommodation as may be prescribed shall be provided for the use of the persons employed;

(f) the rooms in which the persons are employed, and all tools and apparatus used by them, shall be kept in a clean state.

(2) It shall not be lawful to employ in any process involving the use of lead compounds any woman or young person who has been suspended after medical examination from employment in any such process on the ground that continuance therein would involve special danger to health.

(3) The method of ascertaining whether any compound or mixture is a lead compound within the meaning of this section shall be such as may be prescribed.

(4) In this section “lead compound” means any soluble compound of lead which is declared by regulations of the Minister to be a lead compound for the purposes of this section, and includes a mixture containing any such compound, but does not include an alloy containing lead.

71 Power to make special regulations for safety and health.

71.—(1) Where the Minister is satisfied that any manufacture, machinery, plant, equipment, appliance, process or description of manual labour, used in factories, is of such a nature as to cause risk of bodily injury to the persons employed, or any class of those persons, he may, after consultation with the Minister for Health, make such special regulations as appear to him to be reasonably practicable and to meet the necessity of the case.

(2) Special regulations under this section may, among other things,—

(a) prohibit the employment of, or modify or limit the hours of employment of, all persons or any class of persons in connection with any manufacture, machinery, plant, process, or description of manual labour,

(b) prohibit, limit or control the use of any material or process,

(c) modify with respect to any class or description of factory any provisions of Part II, Part III or this Part of this Act, being provisions imposing requirements as to health or safety,

(d) impose duties on owners, employed persons and other persons, as well as on occupiers.

(3) Special regulations under this section may apply to all factories in which the manufacture, machinery, plant, process or description of manual labour is used or to any specified class or description of such factories, and may provide for the exemption of any specified class or description of factory either absolutely or subject to conditions.

72 Power to take samples.

72.—(1) An inspector may at any time after informing the occupier or, if the occupier is not readily available, a foreman or other responsible person in the factory, take for analysis sufficient samples of any material in use or mixed for use in the manufacture of matches or of any substance used or intended to be used in a factory being a substance in respect of which he suspects a contravention of any regulation made under this Part of this Act, or which in his opinion is likely to cause bodily injury to the persons employed, or which he thinks may prove on analysis to be likely to cause such injury.

(2) The occupier or the foreman or other responsible person referred to in subsection (1) of this section may, at the time when a sample is taken under this section, and on providing the necessary appliances, require the inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and—

(a) to deliver one part to the occupier, or the foreman or other responsible person,

(b) to retain one part for future comparison,

(c) to submit one part to the analyst,

and any analysis under this section shall, if so required, be carried out by or under the direction of the State Chemist.

(3) A certificate purporting to be a certificate by the State Chemist as to the result of an analysis of a sample under this section shall in any proceedings under this Act be admissible as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness.

(4) It shall not be lawful for any person, except in so far as is necessary for the purposes of a prosecution for an offence under this Act, to publish or disclose to any person the results of an analysis made under this section, and if any person acts in contravention of this subsection, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

73 Safety Committee and Safety Delegate.

73.—(1) Where the persons employed in a factory have selected from among themselves a committee (in this subsection referred to as the Safety Committee) for the purpose of promoting the better safety, health and welfare of the persons employed, the following provisions shall have effect:—

(a) it shall be a function of the Safety Committee to assist in securing compliance by the occupier of the factory and by the persons employed therein with the provisions of this Act and of the orders and regulations made under this Act,

(b) upon the request of the Safety Committee, the occupier shall make an entry in the general register noting—

(i) the establishment of the Safety Committee, and

(ii) if the Safety Committee has nominated one of its members to be the Safety Delegate for the purposes of this section, the name of the Safety Delegate,

(c) the occupier shall be entitled to be represented, by at least one person nominated by him, at each meeting of the Safety Committee,

(d) the occupier shall consider any representations made to him by the Safety Committee on matters affecting the safety, health and welfare of the persons employed,

(e) the Safety Committee shall consider any representations made to it by the occupier on matters affecting the safety, health and welfare of the persons employed,

(f) an inspector shall consider any representations made to him by the Safety Delegate on matters affecting the safety, health and welfare of the persons employed (being representations made on the request of the Safety Committee) and, for this purpose, may inspect any records of the proceedings of the Safety Committee,

(g) an inspector shall be entitled, should he so wish, to have the Safety Delegate accompany him on his tour of inspection of the factory or any part of such tour.

(2) If the Minister is satisfied that there exists in the factory a committee or other body which is not a committee such as is referred to in subsection (1) of this section but which is so constituted as to be capable of discharging the functions of such a committee, he may, on application being made by the committee or other body and with the consent of the occupier of the factory, issue a certificate recognising the committee or other body as a Safety Committee for the purposes of this section and, while such certificate is in force, the provisions of subsection (1) of this section shall apply to the committee or other body.

PART VI. Notification and Investigation of Accidents and Industrial Diseases.

74 Notification of accidents.

74.—(1) Where any accident occurs in a factory which either—

(a) causes loss of life to a person employed in that factory, or

(b) disables any such person for more than three days from earning full wages at the work at which he was employed,

written notice of the accident, in the prescribed form and accompanied by the prescribed particulars, shall forthwith be sent to the Minister.

(2) Where any accident causing disablement is notified under this section, and after notification thereof results in the death of the person disabled, notice in writing of the death shall be sent to the Minister by the occupier of the factory as soon as the death comes to his knowledge.

(3) Where any accident to which this section applies occurs to a person employed in a factory of which the occupier is not the actual employer of such person, the actual employer shall immediately report the accident to the occupier and, if he fails to do so, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(4) A notice of any accident of which notice is sent in accordance with the requirements of the Explosives Act, 1875, need not be sent in accordance with the requirements of this section.

75 Power to extend to dangerous occurrences provisions as to notice of accidents.

75.—(1) If the Minister considers that, by reason of the risk of serious bodily injury to persons employed, it is expedient that notice should be given under section 74 of this Act in every case of any special class of explosion, fire, collapse of buildings, accidents to machinery or plant, or other occurrences in a factory, he may by regulations extend the provisions of that section to any such class of occurrences, whether death or disablement is caused or not.

(2) The Minister may by any regulations under this section allow the required notice of any occurrence to which the regulations relate, instead of being sent forthwith, to be sent within the time limited by the regulations.

76 Notification of industrial diseases.

76.—(1) Every medical practitioner attending on or called in to visit a patient whom he believes to be suffering from lead, phosphorus, arsenical or mercurial poisoning, or anthrax, contracted in any factory, shall (unless such a notice has been previously sent) forthwith send to the Minister a notice stating the name and full postal address of the patient and the disease from which, in the opinion of the medical practitioner, the patient is suffering, and the name and address of the factory in which he is or was last employed, and shall be entitled in respect of every notice sent in pursuance of this section to a fee of two shillings and sixpence, to be paid by the Minister.

(2) If, in contravention of the provisions of this section, any medical practitioner fails to send any notice in accordance with the requirements thereof, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(3) Written notice of every case of lead, phosphorus, or arsenical or mercurial poisoning, or anthrax, occurring in a factory shall forthwith be sent by the occupier in the prescribed form and accompanied by the prescribed particulars to the Minister and to the certifying doctor.

(4) Where any disease is notified under subsection (3) of this section and, after notification, results in the death of the person who contracted the disease, notice in writing of the death shall be sent by the occupier of the factory to the Minister as soon as the death comes to his knowledge.

(5) Where any disease to which this section applies is contracted by a person employed in a factory of which the occupier is not the actual employer of such person, the actual employer shall immediately report the contracting of the disease to the occupier and, if he fails to do so, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(6) The Minister may, as respects all factories or any class or description of factory, by regulations, made after consultation with the Minister for Health, apply this section to any disease other than those mentioned in this section.

77 Inquest in case of death by accident or industrial disease.

77.—Where a coroner holds an inquest on the body of any person whose death may have been caused by any accident or disease of which notice is required by this Part of this Act to be given, the following provisions shall have effect:

(a) the coroner shall adjourn the inquest unless—

(i) an inspector or some other person appearing on behalf of the Minister is present to watch the proceedings, or

(ii) in case the inquest relates to the death of not more than one person and the coroner has sent to the Minister notice of the time and place of holding the inquest at such time as to reach the Minister not less than twenty-four hours before the time of holding the inquest, the majority of the jury think it unnecessary to adjourn the inquest;

(b) if the coroner adjourns the inquest—

(i) he may, before the adjournment, take evidence to identify the body and may order the interment of the body,

(ii) he shall, at least four days before holding the adjourned inquest, send to the Minister notice in writing of the time and place of holding the adjourned inquest;

(c) no person having a personal interest in or employed in or about or in the management of the factory in or about which the accident or disease occurred or was contracted shall be qualified to serve on the jury;

(d) it shall be the duty of the person summoning the jury not to summon any person disqualified under paragraph (c) of this section and it shall be the duty of the coroner not to allow any such person to be sworn or to sit on the jury;

(e) the following persons shall, subject to the power of the coroner to disallow any question which in his opinion is not relevant or is otherwise not a proper question, be entitled to examine any witness either in person or by counsel or solicitor:

(i) an inspector or any other person appearing on behalf of the Minister,

(ii) any relation or friend of the person in respect of whose death the inquest is being held,

(iii) the occupier of the factory in which the accident or disease occurred or was contracted,

(iv) any person appointed in writing by the majority of the persons employed in the factory,

(v) any person appointed in writing by any trade union, friendly society or other association of persons to which the deceased at the time of his death belonged or to which any person employed in the factory belongs,

(vi) any person appointed in writing by any association of employers of which the occupier of the factory is a member;

(f) where an inspector or a person on behalf of the Minister is not present at the inquest and evidence is given of any neglect having caused or contributed to the accident or disease, or of any defect in or about the factory appearing to the coroner or jury to require a remedy, the coroner shall send to the Minister notice in writing of the neglect or defect.

78 Power to direct formal investigation of accidents and cases of disease.

78.—(1) The Minister may, where he considers it expedient so to do, direct a formal investigation to be held into any accident occurring or case of disease contracted or suspected to have been contracted in a factory and of its causes and circumstances.

(2) The following provisions shall have effect in relation to an investigation under this section:—

(a) the Minister may appoint a competent person to hold the investigation, and may appoint any person possessing legal or special knowledge to act as assessor in holding the investigation;

(b) the person or persons so appointed (hereinafter in this subsection referred to as the tribunal) shall hold the investigation in open court in such manner and under such conditions as the tribunal may think most effectual for ascertaining the causes and circumstances of the accident or case of disease, and for enabling the tribunal to make its report;

(c) the tribunal shall have for the purposes of the investigation all the powers of a Justice of the District Court when hearing a prosecution for an offence under this Act, and all the powers of an inspector under this Act, and, in addition, power—

(i) to enter and inspect any place or building the entry or inspection whereof appears to the tribunal requisite for the said purposes;

(ii) by summons signed by the tribunal to require the attendance of all such persons as it thinks fit to call before it and examine for the said purposes, and to require answers or returns to such inquiries as it thinks fit to make;

(iii) to require the production of all books, papers and documents which it considers important for the said purposes;

(iv) to administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination;

(d) persons attending as witnesses before the tribunal shall be allowed such expenses as would be allowed to witnesses attending before a court of record, and in case of dispute as to the amount to be allowed, the dispute shall be referred by the tribunal to a taxing master of the High Court, who, on request, signed by the tribunal, shall ascertain and certify the proper amount of the expenses;

(e) the tribunal shall make a report to the Minister stating the causes and circumstances of the accident or case of disease and its circumstances, and adding any observations which the tribunal thinks right to make;

(f) the tribunal may require the expenses incurred in and about an investigation under this section (including the remuneration of any persons appointed to act as assessors) to be paid in whole or part by any person summoned before it who appears to the tribunal to be, by reason of any act or default on his part or on the part of any servant or agent of his, responsible in any degree for the occurrence of the accident or case of disease, but any such expenses not required to be so paid shall be deemed to be part of the expenses of the Minister in the administration of this Act;

(g) any person who without reasonable excuse (proof whereof shall lie on him) either fails, after having had the expenses (if any) to which he is entitled tendered to him, to comply with any summons or requisition of the tribunal, or prevents or impedes the tribunal in the execution of its duty, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds, and, in the case of a failure to comply with a requisition for making any return or producing any document, if the failure in respect of which a person was so convicted is continued after the conviction, he shall be guilty of a further offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds for every day on which the failure was so continued;

(h) the Minister may cause the report of the tribunal to be made public at such time and in such manner as he thinks fit.

79 Investigation and report in certain cases.

79.—(1) It shall be the duty of the certifying doctor to investigate and report—

(a) upon cases of death or injury caused by exposure in a factory to fumes or other noxious substances, or due to any other special cause specified in instructions of the Minister as requiring investigation,

(b) upon any case of death or injury which an inspector in pursuance of any general or special instructions of the Minister may refer to him for that purpose,

(c) upon any case of disease of which he receives notice under this Act.

(2) The certifying doctor shall, for the purpose of an investigation under this section, have the like powers as an inspector, including power to enter any room in a building to which the person killed, injured or affected has been removed.

(3) The Minister may, by authorisation in writing, authorise a registered medical practitioner to investigate and report upon any matter relating to this Act, and any registered medical practitioner so authorised shall, for the purpose of the investigation, have the like powers as an inspector.

PART VII. Certificates of Fitness in respect of Young Persons.

80 Certificates of fitness for employment of young persons.

80.—(1) Subject to the provisions of this section, a young person who is taken into any employment in a factory shall not remain in that employment after the expiration of ten working days (or such longer period as may be prescribed) unless he has been examined by the certifying doctor and certified by him to be fit for that employment.

(2) Subject to the provisions of this section, a young person in respect of whom a certificate under subsection (1) of this section or under this subsection is in force shall not be taken into or remain in employment in a factory after the expiration of twelve months from the date of such certificate unless, during the last three of such twelve months, he has been examined by the certifying doctor or a registered medical practitioner engaged by or on behalf of such young person and has been certified by the certifying doctor or such practitioner to be fit for that employment.

(3) Where the certifying doctor or a registered medical practitioner after examining a young person requires further information or further time for consideration before deciding whether or not to certify him as fit for employment or as to the conditions subject to which the certificate is to be issued, he may issue a provisional certificate authorising the employment of the young person for such period as may be specified in the certificate, not exceeding twenty-one days from the date on which it was issued.

(4) Any certificate under this section may be issued—

(a) in respect of employment in all factories in the occupation of the same occupier, or such of them as may be specified in the certificate,

(b) subject to conditions as respects the nature of the work in which the person concerned is to be employed.

(5) Where a certificate under this section is issued upon any such condition as is referred to in subsection (4) of this section, the person to whom the certificate relates shall not, so long as he is a young person, be employed except in accordance with the condition.

(6) If the certificate under this section of a person is revoked while he is a young person, he shall not remain in any employment to which the certificate relates, and subsections (1) and (2) of this section shall thereafter have effect as if no certificate had been issued in respect of him.

(7) Where a certificate under this section in respect of a person is refused or revoked, the certifying doctor or registered medical practitioner shall, if requested to do so by the parent of the person, give to the parent in writing the reasons for the refusal or revocation.

(8) The Minister may make regulations prescribing—

(a) the manner in which and the place at which examinations under this section shall be conducted;

(b) the form of certificates under this section;

(c) the facilities to be afforded by occupiers of factories for the purpose of examinations under this section, including facilities for a certifying doctor or registered medical practitioner to inspect any process in which a young person is to be employed;

(d) any other matter which the Minister may consider desirable for the purpose of giving effect to this section.

(9) Where as respects any factory or class of factories the Minister is satisfied that the health risk is high, he may, by regulations in relation to such factory or class of factories, extend this section to persons who are not young persons and who have not attained the age of twenty-one.

PART VIII. Special Applications and Extensions.

81 Multiple factories.

81.—(1) Subject as hereinafter in this section provided, the owner (whether or not he is one of the occupiers) of a multiple factory shall, instead of the occupier be responsible for any contravention of—

(a) the provisions of Part II of this Act with respect to drainage of floors, sanitary conveniences and (except in the case of any room which is occupied by not more than one tenant) cleanliness, overcrowding, temperature, ventilation and lighting;

(b) the provisions of Part III of this Act with respect to the provision and maintenance of fencing and safety appliances, except in so far as they relate to machinery or plant belonging to or supplied by the occupier of the separate factory, the construction, maintenance, testing and examination of machinery or plant, except such machinery or plant as aforesaid, the construction and maintenance of floors, passages and stairs, and means of escape in case of fire, the provisions of any regulations made under section 46 of this Act and the provisions of any Order made under section 51 of this Act;

(c) the provisions of Part IV of this Act and the provisions of any welfare regulations;

(d) the provisions of Part V of this Act with respect to the removal of dust or fumes, except in the case of any room which is occupied by not more than one tenant;

(e) the provisions of Part VI of this Act, except in the case of any room which is occupied by not more than one tenant;

(f) the provisions of Part XIII of this Act as to posting an abstract and notices;

and for the purpose of the foregoing provisions the whole of a multiple factory or, as the case may be, the whole of such factory except rooms occupied by not more than one tenant shall be deemed to be one factory in the occupation of the owner.

(2) The owner of a multiple factory shall not be responsible for any contravention of a provision mentioned in subsection (1) of this section arising from the use in a separate factory of any fencing, appliances, machinery or plant if the use thereof is a matter outside his control, and the occupier of the separate factory shall be responsible for any such contravention.

(3) The owner of a multiple factory shall be responsible, instead of the occupier, for any contravention in rooms occupied by not more than one tenant of the provisions of Part II of this Act with respect to cleanliness, overcrowding, temperature, ventilation and lighting, or the provisions of Part V of this Act with respect to removal of dust or fumes, where the contravention arises from a failure to carry out any necessary structural work or any defect in any machinery, plant or fixtures belonging to him, and shall only be so responsible for any contravention of the provisions of Part III of this Act with respect to safety provisions in case of fire or any regulation made under section 46 of this Act or the provisions of Part IV of this Act or any welfare regulations, where the contravention arises from any such failure or defect as aforesaid.

(4) The provisions of this Act shall, so far as they are applicable and have not been applied by the foregoing provisions of this section, apply to any part of a multiple factory which is not comprised within any of the separate factories as if that part were a factory and the owner were the occupier thereof.

(5) The Minister may by special regulations modify the provisions of this section in their application to any class or description of multiple factory.

82 Premises where part of building is separate factory.

82.—(1) Where a part of a building not being a part of a multiple factory is let off as a separate factory—

(a) the following provisions, that is to say:—

(i) the provisions of Part II of this Act with respect to cleanliness and lighting;

(ii) the provisions of Part III of this Act with respect to prime movers, transmission machinery, hoists and lifts, chains, ropes and lifting tackle, cranes and other lifting machines, the construction and maintenance of floors, passages and stairs, steam boilers, steam receivers and containers, air receivers, powers of the District Court to make orders as to dangerous conditions and practices and powers of the District Court to make orders as to dangerous factories;

shall apply to any part of the building used for the purposes of the factory but not comprised therein, and the owner of the building shall be responsible for any contravention of the said provisions or any order made thereunder;

(b) the owner of the building shall also be responsible, instead of the occupier of the factory, for any contravention as respects the factory of the provisions of Part II of this Act with respect to sanitary conveniences, the provisions of Part III of this Act with respect to hoists and lifts, steam boilers, means of escape in case of fire and safety provisions in case of fire and the provisions of any regulations made under section 46 of this Act;

(c) for the purposes of the said provisions with respect to means of escape in case of fire and safety provisions in case of fire and the provisions of any regulations made under section 46 of this Act, the factory shall be deemed to include any part of the building used for the purpose of the factory;

but the owner shall be responsible for the cleanliness of sanitary conveniences only when used in common by several tenants, and shall be responsible for any contravention of the provisions relating to hoists and lifts, steam boilers, means of escape in case of fire and safety provisions in case of fire and the provisions of any regulations made under section 46 of this Act only in so far as those provisions relate to matters within his control.

(2) For the purpose of the provisions of Part III of this Act with respect to chains, ropes and lifting tackle and cranes and other lifting machines, as applied by subparagraph (ii) of paragraph (a) of subsection (1) of this section, lifting machines attached to the outside of the building, and chains, ropes and lifting tackle used in connection with those machines, shall be treated as being in the building, but any lifting machine not used for the purposes of the factory, and any chains, ropes or lifting tackle not used in connection with a lifting machine so used, shall be disregarded.

(3) For any contravention (whether as respects the factory or otherwise) of the provisions of Part III of this Act with respect to chains, ropes and lifting tackle, cranes and other lifting machines, steam receivers and containers or air receivers, as applied by subparagraph (ii) of paragraph (a) of subsection (1) of this section—

(a) if it is a contravention with respect to any machinery or plant belonging to or supplied by the occupier of the factory, he shall be responsible, and

(b) if it is not, the owner of the building shall be responsible,

so, however, that the owner shall not be responsible for a contravention of the said provisions in so far as they relate to matters outside his control and for any such contravention as respects the factory the occupier shall be responsible.

(4) As respects the provisions of section 50 and section 51 of this Act as they apply in relation to a factory referred to in subsection (1) of this section and as they are applied by subparagraph (ii) of paragraph (a) of that subsection, references in those provisions to the occupier shall be taken as references to the occupier of the factory or the owner of the building, according to which of them is responsible in respect of the matters complained of.

(5) Where this section applies to any provision containing a reference to the general register, then, in relation to matters in respect of which the owner of the building is responsible, that reference shall be taken as a reference to a register to be kept by him, and subsection (3) of section 112 of this Act shall apply in relation to any register kept by the owner in pursuance of this section as if he were the occupier of a factory.

83 Application of Act to electrical stations.

83.—(1) The provisions of this Act shall apply to any premises in which persons are regularly employed in or in connection with the processes or operations of generating, transforming or converting, or of switching, controlling or otherwise regulating, electrical energy for supply by way of trade, or for supply for the purposes of any transport undertaking or other industrial or commercial undertaking or of any public building or public institution, or for supply to streets or other public places, as if the premises were a factory and the employer of any person employed in the premises in or in connection with any such process or operation were the occupier of a factory.

(2) The provisions of this Act hereinafter in this subsection mentioned shall apply to any other premises in which any such processes or operations as aforesaid are carried on or performed for such supply as aforesaid, being premises large enough to admit the entrance of a person after the machinery or plant therein is in position, as if the premises were a factory and the employer of any person employed in the premises in or in connection with any such process or operation were the occupier of a factory, that is to say:—

(a) the provisions of Part I;

(b) the provisions of Part V with respect to special regulations for safety and health;

(c) the provisions of Part VI;

(d) the provisions of Part X with respect to powers and duties of inspectors and regulations, orders and certificates of the Minister;

(e) the provisions of Part XI;

(f) the provisions of Part XII.

(3) The Minister may by special regulations apply any of the provisions of this Act mentioned in subsection (2) of this section to the machinery or plant used elsewhere than in premises mentioned in that subsection or in subsection (1) of this section, being machinery or plant used in the aforesaid processes or operations and for such supply as aforesaid, as if the machinery or plant were machinery or plant in a factory, and the employer of any person employed in connection with any such use of the machinery or plant were the occupier of a factory.

(4) Subsections (1) and (2) of this section shall not, except in so far as the Minister may by special regulations direct, apply to any premises where the aforesaid processes or operations are only carried on or performed for the immediate purpose of working an electric motor or working any apparatus which consumes electrical energy for lighting, heating, transmitting or receiving messages or communications, or other purposes.

(5) For the purposes of the definition in section 3 of this Act of “factory”, electrical energy shall not be deemed to be an article, but save as aforesaid nothing in this section shall affect the application of this Act to factories within the meaning of that definition.

84 Institutions.

84.—(1) Where, in any premises forming part of an institution carried on for charitable or reformatory purposes, any manual labour is exercised in or incidental to the making, altering, repairing, ornamenting, finishing, washing, cleaning, or adapting for sale, of articles not intended for the use of the institution, but the premises do not constitute a factory, then, nevertheless, the provisions of this Act shall, subject as hereinafter in this section provided, apply to those premises.

(2) This Act shall not, except in so far as the Minister may by order direct, apply to any premises which do not constitute a factory if the premises are subject to inspection by or under the authority of any Minister of State.

85 Certain premises subject to inspection.

85.—(1) Where, in any premises which are subject to inspection by or under the authority of any Minister of State, mechanical power is used and any manual labour is exercised for the purposes of instruction, in or incidental to the making, altering, repairing, ornamenting, finishing, washing, cleaning or adapting for sale, of any article, and the premises do not constitute a factory, the provisions of this Act hereinafter in this subsection mentioned shall apply as if the premises were a factory and the persons having the control of the premises were the occupier of a factory, that is to say:—

(a) the provisions of Part I;

(b) the provisions of Part II with respect to lighting;

(c) the provisions of Part III with respect to prime movers, transmission machinery, other machinery, safety devices, fencing of materials or articles, unfenced machinery, construction and maintenance of fencing and construction of machinery;

(d) the provisions of Part V with respect to removal of dust or fumes, protection of eyes in certain processes and special regulations for safety and health;

(e) the provisions of Part X with respect to powers and duties of inspectors and regulations, orders and certificates of the Minister;

(f) the provisions of Part XI;

(g) the provisions of Part XII;

(h) the provisions of Part XIII with respect to special regulations.

(2) The provisions of subsection (1) of this section shall not apply in relation to premises referred to in subsection (1) of section 84 of this Act, but the said provisions shall have effect notwithstanding subsection (3) of that section.

86 Docks, wharves, quays and warehouses.

86.—(1) The provisions of this Act hereinafter in this subsection mentioned shall apply to every dock, wharf, or quay (including any warehouse belonging to the owners, trustees or conservators of the dock, wharf or quay and any line or siding used in connection with and for the purposes of the dock, wharf or quay and not forming part of a railway or tramway) and every other warehouse (not forming part of a factory) in or for the purposes of which mechanical power is used, as if it were a factory, and as if the person having the actual use or occupation of it, or of any premises within it or forming part of it, were the occupier of a factory, that is to say:—

(a) the provisions of Part I;

(b) the provisions of Part II with respect to sanitary conveniences, to such extent as may be specified, and subject to such adaptations and modifications as may be made, by regulations of the Minister;

(c) the provisions of Part III with respect to steam boilers (including the provisions as to exceptions as to steam boilers) so, however, that the owner of the boiler shall, instead of the person deemed to be the occupier, be responsible for any contravention of the said provisions;

(d) the provisions of Part III with respect to the power of the Minister to require special safety arrangements for the prevention of accidents and to the power of the District Court to make orders as to dangerous conditions and practices;

(e) the provisions of Part IV with respect to welfare regulations;

(f) the provisions of Part V with respect to special regulations for safety and health;

(g) the provisions of Part VI;

(h) the provisions of Part VII so, however, that the said provisions shall apply in the case of warehouses only;

(i) the provisions of this Part with respect to premises where part of a building is a separate factory, subject to such adaptations and modifications as may be made by regulations of the Minister;

(j) the provisions of Part X with respect to appointment and duties of certifying doctors and fees of certifying doctors, subject to such adaptations and modifications as may be made by regulations of the Minister, and the provisions of the said Part X with respect to powers and duties of inspectors and to regulations, orders and certificates of the Minister;

(k) the provisions of Part XI;

(l) the provisions of Part XIII with respect to the abstract of this Act and notices, special regulations, general registers (so far as applicable), preservation of registers and records, subject to such adaptations and modifications as may be made by regulations of the Minister, and the provisions of the said Part XIII with respect to duties of persons employed and the prohibition of deductions from wages.

(2) The provisions of this Act mentioned in paragraph (a), in paragraph (c) (subject to the modification mentioned in that paragraph) and in paragraphs (d), (f), (g), (j), (k), and (l) of subsection (1) of this section shall apply to the processes of loading, unloading or coaling of any ship in any dock, harbour or canal, and to all machinery or plant used in those processes, as if the processes were carried on in a factory and the machinery or plant were machinery or plant in a factory, and the person who carries on those processes were the occupier of a factory, but the provisions of this Act mentioned in the said paragraphs (c) and (d) shall not apply in relation to any such machinery or plant which is on board a ship and is the property of the ship owner.

For the purposes of this subsection, “plant” includes any gangway or ladder used by any person employed to load or unload or coal a ship.

(3) The provisions of Part III of this Act with respect to prime movers, transmission machinery, other machinery, provisions as to unfenced machinery, construction and maintenance of fencing, construction of machinery, cleaning of machinery by women and young persons, training and supervision of young persons working at dangerous machines, hoists and lifts, chains, ropes and lifting tackle, cranes and other lifting machines, construction and maintenance of floors, passages and stairs, and the power of the District Court to make orders as to dangerous factories shall apply to every warehouse mentioned in subsection (1) of this section as if the warehouse were a factory and as if the person having the actual use or occupation thereof were the occupier of a factory.

87 Ships.

87.—(1) Subject as hereinafter in this section provided, the provisions of this Act hereinafter in this subsection mentioned shall apply to any work carried out in a harbour or wet dock in constructing, reconstructing, repairing, refitting, painting, finishing or breaking up a ship or in scaling, scurfing or cleaning boilers (including combustion chambers and smoke boxes) in a ship, or in cleaning oil-fuel tanks or bilges in a ship, that is to say:—

(a) the provisions of Part I;

(b) the provisions of Part IV with respect to welfare regulations;

(c) the provisions of Part V with respect to special regulations for safety and health;

(d) the provisions of Part VI;

(e) the provisions of Part X with respect to powers and duties of inspectors and to regulations, orders and certificates of the Minister;

(f) the provisions of Part XI;

(g) the provisions of Part XIII with respect to general registers (so far as applicable), preservation of registers and records, duties of persons employed and the prohibition of deductions from wages;

and for the purpose of such provisions the ship shall be deemed to be a factory, and any person undertaking such work shall be deemed to be the occupier of a factory.

(2) In subsection (1) of this section, the reference to cleaning oil-fuel tanks or bilges in a ship includes a reference to cleaning—

(a) any tank last used for oil of any description carried as cargo, and

(b) any tank or hold last used for any substance so carried of a description specified in regulations of the Minister as being of a dangerous, injurious or offensive nature.

(3) Nothing in this Act shall apply to any work referred to in subsection (1) of this section done by the master or crew of a ship or done on board a ship during a trial run.

88 Building operations.

88.—(1) Subject as hereinafter in this section provided, the provisions of this Act hereinafter in this subsection mentioned shall apply to building operations undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking, and to any line or siding which is used in connection therewith and for the purposes thereof and is not part of a railway or tramway, that is to say:—

(a) the provisions of Part I;

(b) the provisions of Part II with respect to sanitary conveniences;

(c) the provisions of Part III with respect to chains, ropes and lifting tackle and cranes and other lifting machines, steam boilers and air receivers (including the provisions as to exceptions as to steam boilers and air receivers) and the power of the District Court to make orders as to dangerous conditions and practices;

(d) the provisions of Part IV with respect to welfare regulations;

(e) the provisions of Part V with respect to lifting excessive weights and special regulations for safety and health;

(f) the provisions of Part VI;

(g) the provisions of Part VII, subject to such adaptations and modifications as may be made by regulations of the Minister;

(h) the provisions of Part X with respect to powers and duties of inspectors and sanitary authorities and to regulations, orders and certificates of the Minister;

(i) the provisions of Part XI;

(j) the provisions of Part XII;

(k) the provisions of Part XIII with respect to the abstract of this Act and notices, special regulations, general registers (so far as applicable), preservation of registers and records, duties of persons employed and the prohibition of deductions from wages.

(2) The provisions of this Act in their application to building operations shall have effect as if any place where such operations are carried on were a factory, and any person undertaking any such operations to which this Act applies were the occupier of a factory, and with such other adaptations and modifications as may be made by regulations made by the Minister, but such of the provisions of this Act as require general registers to be kept and copies of the prescribed abstract of this Act and of special regulations or the prescribed abstract of such regulations to be kept posted up on the premises shall be deemed to be complied with as respects building operations if the general register is kept at an office of the person undertaking the building operations and copies of the abstract of this Act and of the regulations or abstract thereof are kept posted up at each office, yard or shop of the person undertaking the operations at which persons employed by him on the operations attend, and in a position where they can easily be read by such persons.

(3) The application of this Act to any building operations by virtue of this section shall not be excluded by reason of the fact that they are undertaken on premises to which this Act applies apart from this section nor be taken as prejudicing the application of this Act to those premises apart from this section.

(4) Any person undertaking any such building operations to which this Act applies as may be declared by regulations of the Minister to require notice under this subsection shall, not later than seven days after the beginning of the operations, serve on the Minister a written notice stating the name and postal address of the person so undertaking the operations, the place and nature of the operations, and whether any mechanical power is or is to be used and, if so, its nature.

89 Works of engineering construction.

89.—(1) Subject as hereinafter in this section provided, the provisions of this Act hereinafter in this subsection mentioned shall apply to works of engineering construction undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking, and to any line or siding which is used in connection therewith and for the purpose thereof and is not part of a railway or tramway, that is to say:—

(a) the provisions of Part I;

(b) the provisions of Part II with respect to sanitary conveniences;

(c) the provisions of Part III with respect to chains, ropes and lifting tackle and cranes and other lifting machines, steam boilers and air receivers (including the provisions as to exceptions as to steam boilers and air receivers) and the power of the District Court to make orders as to dangerous conditions and practices;

(d) the provisions of Part IV with respect to welfare regulations;

(e) the provisions of Part V with respect to lifting excessive weights and special regulations for safety and health;

(f) the provisions of Part VI;

(g) the provisions of Part VII, subject to such adaptations and modifications as may be made by regulations of the Minister;

(h) the provisions of Part X with respect to powers and duties of inspectors and sanitary authorities and to regulations, orders and certificates of the Minister;

(i) the provisions of Part XI;

(j) the provisions of Part XII;

(k) the provisions of Part XIII with respect to the abstract of this Act and notices, special regulations, general registers (so far as applicable), preservation of registers and records, duties of persons employed and the prohibition of deductions from wages.

(2) The provisions of this Act in their application to works of engineering construction shall have effect as if any place where such works are carried on were a factory, and any person undertaking any such works to which this Act applies were the occupier of a factory, and with such other adaptations and modifications as may be made by regulations made by the Minister, but such of the provisions of this Act as require general registers to be kept and copies of the prescribed abstract of this Act and of special regulations or the prescribed abstract of such regulations to be kept posted up on the premises shall be deemed to be complied with as respects works of engineering construction if the general register is kept at an office of the person undertaking the works and copies of the abstract of this Act and of the regulations or abstract thereof are kept posted up at each office, yard or shop of the person undertaking the works at which persons employed by him on the works attend, and in a position where they can easily be read by such persons.

(3) The application of this Act to any works of engineering construction by virtue of this section shall not be excluded by reason of the fact that they are undertaken on premises to which this Act applies apart from this section nor be taken as prejudicing the application of this Act to those premises apart from this section.

(4) Any person undertaking any such works of engineering construction to which this Act applies as may be declared by regulations of the Minister to require notice under this subsection shall, not later than seven days after the beginning of the works, serve on the Minister a written notice stating the name and postal address of the person so undertaking the works, the place and nature of the works, and whether any mechanical power is or is to be used and, if so, its nature.

90 Employment of women and young persons in places other than factories in processes connected with lead manufacture or involving the use of lead compounds.

90.—The following provisions of this Act, that is to say:—

(a) the provisions relating to the employment of women and young persons in certain processes connected with lead manufacture and in processes involving the use of lead compounds;

(b) the provisions requiring notification to be sent to the Minister of lead poisoning contracted or occurring in factories;

(c) any provision relating to powers and duties of inspectors and to offences, penalties and legal proceedings;

shall apply to employment in any such processes as aforesaid in any place other than a factory, as if the place were a factory and the employer were the occupier of the factory.

PART IX. Home Work.

91 Lists of outworkers to be kept in certain trades.

91.—(1) In the case of persons employed in such classes of work as may from time to time be specified by regulations of the Minister, the occupier of every factory and every contractor employed by any such occupier in the business of the factory shall—

(a) keep in the prescribed form and manner, and with the prescribed particulars, lists showing the names and addresses of all persons (hereinafter referred to as out workers) directly employed by him, either as workmen or as contractors, in the business of the factory, outside the factory, and of the places where they are employed,

(b) send to an inspector such copies of or extracts from those lists as the inspector may from time to time require,

(c) send to the sanitary authority during the month of February and the month of August in each year copies of those lists, showing all outworkers so employed by him during the preceding six months.

(2) Every sanitary authority shall cause the lists received by the authority in pursuance of this section to be examined, and shall furnish the name and place of employment of every outworker included in any such list whose place of employment is outside the district of the sanitary authority to the sanitary authority in whose district his place of employment is.

(3) The lists kept by the occupier or contractor shall be open to inspection by any inspector, and by any health inspector or other officer duly authorised by the sanitary authority, and the copies sent to the sanitary authority and the particulars furnished by one sanitary authority to another shall be open to inspection by any inspector or officer of any Minister of State.

(4) This section shall apply to any place from which any work is given out in connection with the business of a factory (whether the materials for the work are supplied by the occupier or not), and to the occupier of that place, and to every contractor employed by the occupier in connection with the said work, as if that place were a factory.

(5) In the event of a contravention of this section by the occupier of a factory or place, or by a contractor, the occupier or contractor shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

92 Employment of person in unwholesome promises.

92.—(1) Where work in respect of which this section applies is carried on for the purpose of or in connection with the business of a factory in any place which is in the opinion of the sanitary authority injurious or dangerous to the health of the persons employed therein, the sanitary authority may give notice in writing to the occupier of the factory or to any contractor employed by him setting forth particulars of the respects in which the place is, in their opinion, so injurious or dangerous, and the reasons for that opinion and, if the occupier or contractor after the expiration of ten days from the receipt of such notice gives out work to be done in that place, he shall, unless it is proved to the satisfaction of the court dealing with the case that the place is not injurious or dangerous in the respects set forth in the notice, be guilty of an offence under this section.

(2) For the purpose of this section any place from which work is given out shall be deemed to be a factory.

(3) This section shall apply in respect of such classes of work as may be specified in regulations made by the Minister.

PART X. Administration.

93 Inspectors.

93.—(1) The Minister may authorise any of his officers to act as inspectors for the purposes of this Act.

(2) Notice of an authorisation under this section shall be published in the Iris Oifigiúil.

(3) Such annual report of the proceedings of the inspectors as the Minister directs shall be laid before each House of the Oireachtas.

94 Powers of Inspectors.

94.—(1) An inspector shall, for the purposes of the execution of this Act, have power to do all or any of the following things, that is to say—

(a) to enter, inspect and examine at all reasonable times, by day and night, a factory, and every part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter by day any place which he has reasonable cause to believe to be a factory and any part of any building of which a factory forms part and in which he has reasonable cause to believe that explosive or highly inflammable materials are stored or used;

(b) to take with him a member of the Garda Síochána if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;

(c) to require the production of the registers, certificates, notices and documents, kept in pursuance of this Act, and to inspect, examine and copy any of them;

(d) to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act and the enactments for the time being in force relating to public health are complied with, so far as respects a factory and any persons employed in a factory;

(e) to require any person whom he finds in a factory to give such information as it is in his power to give as to who is the occupier of the factory;

(f) to examine, either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Act, every person whom he finds in a factory, or whom he has reasonable cause to believe to be or to have been within the preceding two months employed in a factory, and to require every such person to be so examined and to sign a declaration of the truth of the matters respecting which he is so examined;

(g) to exercise such other powers as may be necessary for carrying this Act into effect.

(2) No one shall be required by virtue of paragraph (f) of subsection (1) of this section to answer any question or to give any evidence tending to criminate himself.

(3) The occupier of every factory, his agents and servants, shall furnish the means required by an inspector as necessary for any entry, inspection, examination, inquiry, taking of samples or other power under this Act, in relation to that factory.

(4) If any person wilfully delays an inspector in the exercise of any power under this section, or fails to comply with the requisition of an inspector in pursuance of this section, or to produce any register, certificate, notice or document which he is required by or in pursuance of this Act to produce, or wilfully withholds any information as to who is the occupier of any factory, or conceals or prevents, or attempts to conceal or prevent, a person from appearing before or being examined by an inspector, that person shall be deemed to obstruct an inspector in the execution of his duties under this Act.

(5) Where an inspector is obstructed in the execution of his powers or duties under this Act—

(a) if the obstruction is in a factory, the occupier, and, if the person obstructing the inspector is not the occupier, also the person obstructing the inspector, shall be guilty of an offence under this section,

(b) in any other case, the person obstructing the inspector shall be guilty of an offence under this section.

95 Certificate of authorisation to act as inspector.

95.—Every inspector shall be furnished with a certificate of his authorisation to act as an inspector, and when visiting a factory or place to which any of the provisions of this Act apply, shall, if so required, produce the said certificate to the occupier or any other person holding a responsible position of management at the factory or place.

96 Appointment and duties of certifying doctors.

96.—(1) The Minister may appoint registered medical practitioners to be certifying doctors for any of the purposes of this Act, and may revoke any such appointment.

(2) A registered medical practitioner who is the occupier of a factory, or is directly or indirectly interested therein, or in any process or business carried on therein, or in a patent connected therewith, shall not act as certifying doctor for the factory.

(3) The certifying doctor for a factory shall have power at all reasonable times to inspect the general register of the factory.

(4) The Minister may make rules regulating the duties of certifying doctors.

(5) A certifying doctor shall, if so directed by the Minister, make such special inquiry and examination of employed persons as may be directed.

(6) Every certifying doctor shall in each year make at the time appointed by the Minister a report in the prescribed form to the Minister as to examinations made and other duties performed by him in pursuance of this Act.

(7) If and so long as there is no certifying doctor for a factory, a district medical officer for the dispensary district in which the factory is situate shall act as the certifying doctor for the factory.

(8) References in the Workmen's Compensation Act, 1934 (No. 9 of 1934), to a certifying surgeon shall be construed as references to a certifying doctor appointed under this section, and references to the certifying surgeon for the district in which the workman is employed, shall in a case where a workman is employed in a district for which no certifying doctor is appointed, be construed as references to the medical practitioner (if any) appointed by the Minister to have the powers and duties of a certifying surgeon under Part X of the Workmen's Compensation Act, 1934, in such a case or, if no such appointment has been made, to the medical officer for the dispensary district in which the workman is employed.

(9) The Civil Service Regulation Acts, 1924 and 1926, shall not apply to the office of certifying doctor.

97 Fees of certifying doctors.

97.—The fees to be paid to certifying doctors for carrying out their duties under this Act shall, so far as they relate to any examination or certificate with respect to the fitness of a young person for employment in a factory or to any examination or medical supervision of persons employed in a factory carried out in pursuance of regulations or an order under this Act, be paid by the occupier of that factory, and in any other case shall be paid by the Minister, and the fees shall be of such amounts as may be prescribed, but without prejudice to any agreement between a certifying doctor and the occupier of a factory for the payment by the occupier of fees of greater amounts than those prescribed.

98 Provisions as to sanitary authorities.

98.—(1) The expenses of a sanitary authority under this Act shall be raised and defrayed in like manner as their expenses under the Local Government (Sanitary Services) Acts, 1878 to 1948, are raised and defrayed.

(2) A medical officer of health, a health inspector or an officer of a sanitary authority appointed for the purpose of inspection of factories shall give written notice to the Minister of any factory coming to his knowledge in which no abstract of this Act is affixed in accordance with this Act.

(3) For the purpose of their duties under this Act, a sanitary authority and their officers and medical officers of health and health inspectors shall, without prejudice to their other powers, have all such powers (including, in particular, powers of entry and inspection) as an inspector has, and accordingly in relation to their said duties the provisions of this Act as to furnishing means required by an inspector, and delaying or obstructing an inspector, shall be construed as including references to such officers.

(4) No power of entry or inspection shall be exercised by virtue of subsection (3) of this section except by officers of a sanitary authority, medical officers of health and health inspectors authorised by the sanitary authority in writing in that behalf, either generally or specially, and any such officer shall, if so required, produce his authority to the occupier or any other person holding a responsible position of management at the factory.

(5) If any person who, in pursuance of powers conferred by subsection (3) of this section, is admitted into a factory or place discloses to any person any information obtained by him in the factory or place with regard to any manufacturing process or trade secret, he shall, unless such disclosure was made in the performance of his duty, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

99 Provisions as to regulations, orders and certificates of the Minister.

99.—(1) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the resolution is passed by either House, within the next twenty-one days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.