Fiji
FACTORIES ACT
ARRANGEMENT OF SECTIONS
PART I--PRELIMINARY
SECTION
1. Short title.
PART II--INTERPRETATION AND APPLICATION
SECTION
2. Meaning of factory.
3. Saving.
4. Interpretation.
5. Application of Act.
6. Exemption in the case of public
emergency.
7. Power to apply provisions to premises
not being
factories.
8. Responsibility where part of building is
separate
factory.
9. Building operations and works of
engineering
construction.
PART III--GENERAL REQUIREMENTS
SECTION
10 Training and supervision.
11. Structure of the building.
12. Cleanliness.
13. Overcrowding.
14. Ventilation.
15. Lighting.
16. Sanitary conveniences.
17. Washing facilities.
18. Drinking water.
19. Clothing.
20. Sitting facilities.
21. First-aid.
22. Meals in certain dangerous trades.
23. Removal of dust and fumes.
24. Safe means of access and safe places of
employment.
25. Floors, stairs and passages.
26. Dangerous substances.
27. Wall openings.
28. Storage.
PART IV--FIRE
SECTION
29. Means of escape in case of fire.
30. Instructions as to use of means of escape in
case of
fire.
31. Safety provisions in case of fire.
32. Prevention of fire.
PART V--MACHINERY, PLANT AND EQUIPMENT
SECTION
33. Construction and sale of machinery, plant or
equipment.
34. Maintenance of machinery and apparatus.
35. Stability of machines.
36. Dangerous machinery.
37. Provisions as to unguarded machinery.
38. Construction and maintenance of guards.
39. Safety devices.
40. Self acting machines.
41. Stock-bars.
42. Chains, ropes and lifting tackle.
43. Cranes and other lifting machines.
44. Hoists and lifts.
45. Passenger hoists.
46. Steam boilers-attachments and construction.
47. Steam boilers-maintenance, examination and
use.
48. Steam boilers-restrictions on entry.
49. Steam receivers and steam containers.
50. Air receivers.
51. Exceptions as to steam boilers, steam
receivers and
containers and air
receivers.
52. Fees.
53. Gas cylinders and acetylene generators.
PART VI--PARTICULAR HAZARDS AND PARTICULAR CONDITIONS
SECTION
54. Electricity.
55. Precautions with respect to explosive or
inflammable
dust, gas, vapour, or
substance.
56. Dangerous fumes and lack of oxygen.
57. Prohibition of use of white phosphorus in
manufacture
of matches.
58. Corrosive liquids.
59. Entry into spaces containing harmful liquids.
60. Lifting of heavy weights.
61. Noise.
62. Radiations and vibrations.
63. Protecting of eyes.
64. Laundries.
PART VII -NOTICES, RECORDS AND DUTIES
SECTION
65. Notice of occupation.
66. Posting of abstract of Act.
67. Provisions as to regulations.
68. General registers.
69. Preservation of registers and records.
70. Duties of persons employed.
71. Registration of factories.
PART VIII ADMINISTRATION, OFFENCES,
PENALTIES AND LEGAL
PROCEEDINGS
SECTION
72. Appointment of inspectors.
73. Powers of inspectors.
74. Certificates of appointment of inspectors.
75. Penalty for disclosure of trade secret.
76. Duty to furnish means for inspectors.
77. Issue and revocation of certificates.
78. Power of chief inspector to make orders.
79. Power of a court to make orders.
80. Offences, penalties and legal proceedings.
81. Provisions regarding continuing offences.
82. Fines for offences for which no express
penalty
provided.
83. Fines for offence by parents.
84. Forging of certificates, false entries, and
false
declarations.
85. Obstruction of an inspector.
86. Power of person primarily liable to exempt
himself
from liability.
87. Proceedings against persons other than
occupiers or
owners.
88. Owner of machine liable in certain cases
instead of
occupier.
89. Examination where authorised person not
available.
90. Prosecution of offences.
91. Special provisions as to evidence.
92. Service and sending of documents, etc.
93. Power of court to modify agreements.
94. Power of court to apportion expenses.
95. Publications.
96. Procedure for approval.
97. Act to bind Crown.
PART IX--REGULATIONS FOR WELFARE, SAFETY AND HEALTH
SECTION
98. Welfare regulations.
99. Safety and health regulations.
Act No. 56 of 1971
AN ACT TO REGULATE THE CONDITIONS OF EMPLOYMENT IN FACTORIES
AND OTHER PLACES AND TO PROTECT THE HEALTH, SAFETY
AND WELFARE OF PERSONS EMPLOYED THEREIN
*[1st February, 1972]
PART I--PRELIMINARY
Short title
1. This Act may be cited as the Factories Act.
PART II--INTERPRETATION AND APPLICATION
Meaning of "factory"
2.-(1) In this Act, unless the context otherwise
requires
"factory" means any premises in which, or
within the close
or curtilage or precincts of which, persons are employed in
manual labour in any process for or incidental to any of the
following purposes, namely:-
(a) the making of any article or of part of any article; or
(b) the altering, repairing, ornamenting, finishing, cleaning
or washing, or the breaking up or demolition of an
article;
or
(c) the adapting for sale of any article,
being premises in which, or within the close or curtilage or
precincts of which, the work is carried on by way of trade or for
the purposes of gain and to or over which the employer of the
persons employed therein has the right of access or control; and
"factory'' also includes the following premises in
which
persons are employed in manual labour:-
(i) any yard or any dock, including the precincts
thereof,
in which ships or vessels
are constructed,
reconstructed, repaired,
refitted, finished or broken
up;
(ii) any premises in which the business of sorting any
article is carried on as
a preliminary to the work
carried on in any factory
or incidentally to the
purposes of any factory;
(iii) any premises in which the business of washing or
filling bottles or
containers or packing articles is
carried on incidentally
to the purpose of any factory;
(iv) any premises in which the business of hooking,
plaiting, lapping,
making-up or packing of yarn or
cloth is carried on;
(v) any laundry or kitchen carried on as an
ancillary to
another business or
incidentally to the purposes of
any public institution;
(vi) any premises in which the construction,
reconstruction
or repair of locomotives,
vehicles or other plant for
use for transport
purposes is carried on as ancillary
to a transport
undertaking or other industrial or
commercial undertaking,
not being any premises used
for the purpose of
housing locomotives or vehicles
where only cleaning,
washing, running repairs or minor
adjustments are carried
out;
(vii) any premises in which printing by letterpress,
lithography, photogravure
or other similar process, or
book-binding is carried
on by way of trade or for
purposes of gain or
incidentally to another business
so carried on;
(viii) any premises in which the making, adaptation or repair
of dresses, scenery or
properties is carried on
incidentally to the
production, exhibition or
presentation by way of
trade or for purposes of gain
of cinematograph films or
theatrical performances, not
being a stage or
dressing-room of a theatre, in which
only occasional
adaptation or repairs are made;
(ix) any premises in which the business of making or
mending nets is carried
on incidental to the fishing
industry;
(x) any premises in which mechanical power is
used in
connexion with the making
or repair of articles of
metal or wood
incidentally to any business carried on
by way of trade or for
purposes of gain;
(xi) any premises in which the production of
cinematograph
films is carried on by
way of trade or for purposes of
gain;
(xii) any premises in which articles are made or prepared
incidentally to the
carrying on of building operations
or works of engineering
construction, not being
premises in which such
operations or works are being
carried on;
(xiii) any waterworks or other premises in which mechanical
power is used for the
purposes of or in connexion with
a public water supply;
(xiv) any sewerage works in which mechanical power is used
and any pumping station
used in connexion with any
sewerage works;
(xv) any irrigation works in which mechanical power is
used
and any pumping station
used in connexion with any
irrigation works;
(xvi) any premises in which persons are regularly employed
in or in connexion with
the generation,
transformation,
conversion, switching, controlling,
regulating, distribution
or use of electrical energy
by way of trade or for
the purposes of gain, or
incidentally to any other
business so carried on.
(2) Any railway or tramway line or siding which is used
in
connexion with and for the purposes of a factory, shall be deemed
to be part of the factory; and if any such railway or tramway
line or siding is used in connexion with more than one factory
belonging to different occupiers, the line or siding shall be
deemed to be a separate factory.
(3) A part of a factory may, with the approval in
writing
of the chief inspector, be taken to be a separate factory and two
or more factories may, with the like approval, be taken to be a
single factory.
(4) Any workplace in which, with the permission of or
under
agreement with the owner or occupiers two or more persons carry
on any work which would constitute the workplace a factory if the
persons working therein were in the employment of the owner or
occupier, shall be deemed to be a factory for the purposes of
this Act, and, in the case of any such workplace the provisions
of this Act shall apply as if the owner or occupier of the
worklace were the occupier of the factory and the persons working
therein were persons employed in the factory.
(5) Where a place situated within the close, curtilage
or
precincts forming a factory is solely used for some purpose other
than the processes carried on in the factory, that place shall
not be deemed to form part of the factory for the purposes of
this Act, but shall, if it would otherwise be a factory, be
deemed to be a separate factory.
(6) Premises shall not be excluded from the definition
of
a factory by reason only that they are open air premises.
(7) Where the chief inspector, by certificate in
writing,
so directs, different branches or departments of work carried on
in the same factory shall be deemed to be different factories for
all or any of the purposes of this Act.
(8) Any premises belonging to or in the occupation of
the
Government or of any local authority, shall not be deemed not to
be a factory, and building operations or works or engineering
construction undertaken by or on behalf of the Government or any
local authority, shall not be excluded from the operation of this
Act by reason only that the work carried on thereat is not
carried on by way of trade for purposes of gain.
Saving
3. Notwithstanding anything to the contrary in section
2-
(a) no premises in or adjacent to and belonging
to any
mine or quarry being
premises in which the only
process carried on is the
getting, dressing or
preparation for sale of
minerals, clay, sand, slate or
stone shall be deemed to
be a factory: and
(b) no premises or place in which the preparation
or
sun-drying of copra is
carried on except where such
premises or place is
within the close, curtilage or
precincts of a factory in
which copra is used in any
process, shall solely by
reason of the fact that such
preparation or sun-drying
of copra is carried on, be
deemed to be a factory.
Interpretation
4.-(1) In this Act, unless the context otherwise
requires-
"air receiver" means-
(a) any vessel, other than a pipe or coil, or an
accessory
fitting or part of a
compressor, for containing
compressed air and
connected with an air compressing
plant; or
(b) any fixed vessel for containing compressed
air or
compressed exhaust gases
and used for the purpose of
starting an internal
combustion engine; or
(c) any fixed or portable vessel, not being part
of a
spray gun, used for the
purpose of spraying by means
of compressed air any
paint, varnish, lacquer or
similar materials; or
(d) any vessel in which oil is stored and from
which it is
forced by compressed air;
"approved" means certified in writing as
approved by the
Minister or the chief inspector as the case may be;
"authorised person" means a person appointed
by the Minister
under the provisions of subsection (2) of section 72 or a person
certified in writing by the chief inspector as an authorised
person to perform any particular function or duty;
"bodily injury" includes injury to health;
"building" includes its fixtures and
fittings;
"building operation" means the construction,
reconstruction,
installation, alteration, repair or maintenance of a building or
plant, including repointing, redecoration and external cleaning
of the structure, the demolition of a building or plant and the
preparation for, and laying the foundation of, an intended
building or plant; and any premises in which articles are made
or prepared incidentally to the carrying on of building
operations being premises in which such operations are being
carried on but does not include any operation which is a work of
engineering construction within the meaning of this Act;
"chief inspector" means the chief inspector
appointed under
this Act, and includes a deputy chief inspector;
"child" means any person who has not attained
the age of
fifteen;
"class or description", in relation to
factories, includes
a group of factories described by reference to locality;
"contractor" includes any person and any
employer of
workmen.
"driving-belt" includes any driving strap or
rope;
"full air conditioning" means such a
mechanical device as
shall control the humidity, air temperature and air movement so
as to provide a reasonable working environment as far as is
reasonably practicable;
"fume" includes gas or vapour;
"Government" includes any department thereof;
"harbour" includes harbours properly so
called, whether
natural or artifical, estuaries, navigable rivers, piers, jetties
and other works in or at which ships can obtain shelter, or ship
or unship goods or passengers;
"hoist or lift" means a lifting device with a
platform or
cage the direction of movement of which is restricted by a guide
or guides;
"inspector" means, except where otherwise
expressed, an
inspector appointed under this Act;
"lifting machine" means a crane, crab, winch,
pulley block,
gin wheel, transporter or runway;
"lifting tackel" means chain slings, rope
slings, rings,
hooks, shackles and swivels;
"local authority" means a local authority
constituted under
the Public Health Act;
"machine" includes any prime mover and any
transmission
machinery and "machinery" shall be construed likewise;
"maintained" means maintained in an efficient
state, in
efficient working order, and in good repair;
"maximum permissible working pressure" in
relation to any
steam boiler means, except in subsections (4) and (5) of section
47, that specified in the report of the last examination under
that section;
"mine" means a mine as defined in the Mining
Act;
"noise" means the sum of any sound produced
by the processes
and any other sounds produced on the premises measured where the
persons are employed;
"owner" means the person for the time being
receiving the
rents or profits of the premises in connexion with which the word
is used, whether on his own account or as agent or trustee for
any other person, or who could so receive the same if the
premises were let:
"parent" means a parent or guardian of, or
person having the
legal custody of, or the control over a child or young person,
and includes in relation to any child or young person, any person
having direct benefit from his wages;
"pressure vessel" means any air receiver and
any steam
receive;
"prime mover" means every engine, motor or
other appliance
which provides mechanical energY derived from steam, water, wind,
electricity, the combustion of fuel or other source;
process" includes the use of any locomotive;
"quarry" means a quarry as defined in the
Quarries Act;
"safe working pressure" means in the case of
a new steam
receiver or air receiver that specified by the maker, and in the
case of a steam receiver or air receiver which has been examined
in accordance with the provisions of sections 49 and 50, that
specified in the report of the last examination;
"sanitary conveniences" includes urinals,
water closets,
earth-closets, privies, ashpits, and any similar convenience;
"steam boiler" means any closed vessel in
which for any
purpose steam is generated under pressure greater than
atmospheric pressure and includes any economizer used to heat
water being fed to any such vessel and any superheater used for
heating steam;
"steam container" means any vessel, other
than a steam pipe
or coil, constructed with a permanent outlet into the atmospheric
or into a space where the pressure does not exceed atmospheric
pressure, and through which steam is passed at atmospheric
pressure, or at approximately that pressure, for the purpose of
heating, boiling, drying, evaporating or other similar purposes;
"steam receiver" means any vessel or
apparatus, other than
a steam boiler, steam container, steam pipe or coil, or part of
a prime mover, used for containing steam under pressure greater
than atmospheric pressure;
"transmission machinery" means every shaft,
wheel, pulley,
system of fast and loose pulleys, coupling, clutch, driving belt
or other device by which the motion of a prime mover is
transmitted to or received by any machine or appliance;
"woman" means a female who has attained the
age of eighteen;
"work of engienering construction" means the
construction,
reconstruction, alteration, maintenance or repair including
repointing, redecoration and cleaning, or demolition of any of
the following other than a building, any road, railway, tramway,
airfield, sea defence works, river works, dock, harbour, pier,
canal, any inland, maritime, or aerial navigation works, any
tunnel, aqueduct, bridge, viaduct, drain, sewer, sewage works,
irrigation works, drainage works, well, waterworks, electricity
works, gas works, telecommunications installation or pipeline and
any other civil or construction engineering works of a similar
nature to any of the foregoing works, and any premises in which
articles are made or prepared incidentally to the carrying on of
works of engineering construction being premises at which such
works are being carried on;
"young person" means a person who has ceased
to be a child
but has not attained the age of eighteen.
(2) Every woman, young person, or child who works in a
factory, whether for wages or not, either in a process or in
cleaning any part of such factory used for any process or in
cleaning or oiling any part of the machinery or plant, or in any
other kind of work whatsoever incidental to or connected with the
process, or connected with the article made or otherwise the
subject of the process therein shall, save as is otherwise
provided by this Act, be deemed to be employed therein for the
purposes of this Act or of any proceedings thereunder.
(3) Every young person or child who works in a factory,
whether for wages or not, in collecting, carrying or delivering
goods, carrying messages or running errands shall be deemed to
be employed in such factory for the purposes of this Act or of
any proceedings thereunder.
(4) For the purposes of this Act, a learner or any
apprentice shall be deemed to be a person employed.
Application of Act
5. Save as in this Act otherwise expressly provided,
the
provisions of this Act shall apply only to factories as defined
in this Act, and shall, except where the context otherwise
requires, apply to all such factories.
Exemption in
the case of public emergency
6. In case of any public emergency the Minister may, by
order, to the extent and during the period name in the other
exempt from the application of this Act any factory or any
building operations or works 4 engineering construction.
Power to apply provisions to premises not being
factories
7.-(1) The Minister may by order apply all or any of
the
provisions of this Act to any of the following premises:
shops, offices, premises other than a single private
dwelling house in which steam boilers, pressure
vessels,
hoists or lifts are used, institutions, docks, wharves,
quays (including any warehouses in connexion
therewith),
and other warehouses, ships on which work is being
carried
out in a yard harbour or dock, electrical substations
and
fairgrounds.
(2) An order under this section may be made generally
in
respect of any class of premises aforesaid o may be made in
respect of any particular premises specified in the order.
Responsibility where part of building is separate factory
8. Where a part of a building is let as a factory the
Minister may be order declare which sections of the Act are to
be the responsibility of the owner of the building and which, the
responsibility of the occupier of the factory.
Building operations and works of engineering
construction
9.-(1) Subject as hereinafter provided in this section
those
provisions of this Act referred to in paragraph (a) to (c)
inclusive shall apply to building operations and works of
engineering construction undertaken by way of trade or business
or for the purpose of any agricultural, industrial,
ecclesiastical or commercial undertaking and to any line or
siding which is used in connection therewith and for the purposes
thereof, that is to say-
(a) the provisions of Part I, II, V, VII, VIII
and IX;
(b) the provisions with respect to training and
supervision, sanitary
conveniences, washing
facilities, drinking
water, clothing, first-aid, safe
means of access and safe
place of employment, floors,
passages and stairs,
dangerous substances and storage;
(c) the provisions with respect to electricity,
corrosive
liquids, lifting of heavy
weights, noise, radiations
and vibrations and
protection of eyes.
(2) In addition to and without prejudice to the
generality
of the powers conferred by the provision mentioned in subsection
(1), the Minister may make regulations concerning the
construction or use of an structure, framework, swinging stage,
suspended scaffold, boatswain's chair or timbering of excavations
use or intended to be used for the support or protection of
workmen or other persons employed on the building operations or
works of engineering construction.
(3) The provisions of this Act requiring general
registers
to be kept and copies of the approved abstract o this Act and of
regulations or the approved abstract of such regulations to be
kept posted up on the premise shall be deemed to be complied with
as respects building operations or works of engineering
construction if the register is kept at an office of the
contractor undertaking the operations or works and the
aforementioned copies are kept posted up at each office, yard or
shop of the person undertaking the operations or works at which
persons employed by him on the operations or works attend and in
a position where they can easily be read by those persons.
(4) The provisions of this Act in their applications to
building operations or works of engineering construction shall
have effect as if any place where such operations or works are
carried on were a factory and any contractor undertaking any such
operations or 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
PART III--GENERAL REQUIREMENTS
Training and supervision
10.-(1) No employed person shall be permitted to work
at any
machine unless he has been sufficiently trained to work that
class of machine or unless he works under the adequate
supervision of a person who has a thorough knowledge of the
working of the machine.
(2) Every person while being trained to work any
machine
shall be fully and carefully instructed as to the dangers arising
in connexion with such machine and the precautions to be
observed.
Structure of buildings
11.-(1) Where employed persons work in or pass through
any
part of a building, every part of that f building that might
endanger them shall be of sound construction and kept in a good
state of repair.
(2) Every building shall, so far as is reasonably
practicable, protect employed persons from the weather, have a
water-tight roof, and there shall be no significant amounts of
dampness passing through the walls or arising from the floor,
which are liable to affect the safety of the building or the
health of persons employed.
(3) Where any floors are liable to become wet to such
an
extent that the moisture is capable of being . . removed by
drainage, effective means shall be provided and maintained for
draining off the moisture.
Cleanliness
12.-(1) Every factory shall be kept in a clean state
and
free from effluvia arising from any drain, sanitary ; convenience
or nuisance.
(2) Without prejudice to the generality of subsection
(19
(a) no dirt, refuse or trade waste shall be
allowed to
accumulate except in
proper receptacles;
(b) all floors, passages, gangways, stairways and
doorways
used by employed persons
shall be cleaned at least
once a week by washing,
or, if it is effective and
suitable by sweeping or
some other method.
(3) Without prejudice to the generality of subsection
(1),
the following provisions shall apply as respects all inside walls
and partitions and all ceilings or tops of rooms, and all walls,
sides and tops of passages and stairways.
(a) where they have a smooth impervious surface,
they
shall at intervals not
exceeding fourteen months be
washed with hot water and
soap or other suitable
detergent or cleaned by
such other method as may be
approved by the chief
inspector;
(b) where they are painted or varnished in such a
manner
as to produce over the
whole of the treated surface a
compact continuous film
capable of being washed with
hot water and soap or
other suitable detergent or of
being cleaned by such
other method as may be approved
by the chief inspector,
walls and ceilings shall be
repainted or revarnished
as the case may be at
intervals not exceeding
seven years however so that,
without prejudice to the
foregoing, the whole or part
of the surface shall be
reprinted or, as the case may
be, revarnished as often
as may be necessary to
maintain over the whole
surface a compact continuous
film and shall at
intervals not exceeding fourteen
months be washed with hot
water and soap or other
suitable detergent or
cleaned by such other method as
may be approved by the
chief inspector;
(c) in every other case, shall be whitewashed or
colour-washed and the
whitewashing or colourwashing
shall be repeated at
intervals not exceeding fourteen
months.
(4) Where it appears to the Minister that in any class
or
description of factory or parts thereof any of the foregoing
provisions of this section are not required for the purpose of
keeping a factory in a clean state, or are by reason of special
circumstances inappropriate or inadequate for that purpose, he
may, if he thinks fit, b order direct that those provisions shall
not apply to factories, or parts of factories, of that class or
description, or shall apply as varied by the order.
Overcrowding
13.-(1) No factory shall while work is carried on, be
so
overcrowded as to cause risk of injury to the health of the
persons employed therein.
(2) Without prejudice to the generality of subsection
(1)
but subject to subsection (3), the number c persons employed at
any one time in any workroom shall not be such that the amount
of cubic space allowed, for each is less than eleven cubic
metres.
(3) In calculating the amount of cubic space in any
room for
the purposes of this section, no space more than four metres from
the floor shall be taken into account and where a room contains
a gallery, the gallery shall be treated for the purposes of this
section as if it were partitioned off from the remainder of the
room and formed a separate room.
(4) Every workroom shall be not less than 2.5 metres in
height measured from the floor to the lowest part of the ceiling
or where there is no ceiling, to the lowest part of the roofing
material.
(5) There shall be posted in every workroom a notice
specifying the number of persons who, having regard to the
provisions of this section, may be employed in that room.
(6) If the chief inspector is satisfied that owing to
the
special conditions under which the work is carried on in any
workroom in which explosive materials are manufactured or
handled, the application of subsection (2) to that workroom would
be inappropriate or unnecessary, he may by certificate exempt
such workroom from that subsection subject to any conditions
specified in the certificate.
Ventilation
14.-(1) Effective and suitable provision shall be made
for
securing and maintaining by the supply and circulation of fresh
air in each workroom the adequate ventilation of the room and for
rendering harmless, so far as practicable, all odours and
contamination of the atmosphere that arises from human occupation
of the room.
(2) Without prejudice to the generality of subsection
(1),
the circulation of fresh air shall provide an air movement at any
point where any person has habitually to work of not less than
12 metres per minute:
Provided that where full air conditioning is provided
and
used in any workroom, the requirements of this subsection shall
not apply.
(3) The chief inspector shall have power to exempt by
certificate in writing, any class or description of premises
where he considers the application of this section to be
impracticable.
Lighting
15.-(1) Effective provision shall be made for securing
and
maintaining sufficient and suitable lighting whether natural or
artificial in every part of a factory in which persons are
working or passing.
(2) Without prejudice to the generality of subsection
(19
(a) the illumination at the point where any
person has
regularly to work shall
not be less than 160 lux;
(b) the general illumination over the interior
parts of a
factory where persons are
regularly engaged shall not
be less than 80 lux
measured in the horizontal plane
one metre above the
floor.
(3) All glazed windows and skylights shall so far as
practicable be kept clean on both the inner and outer surfaces
and free from obstruction, but this provision shall not affect
the whitewashing or shading of windows and skylights for the
purposes of mitigating heat or glare.
Sanitary conveniences
16.-(1) Sufficient and suitable sanitary conveniences
for
the persons employed shall be provided, maintained and kept clean
and effective provision shall be made for lighting the
conveniences and where persons of both sexes are or are intended
to be employed, except in the case of factories where the only
persons employed are members of the same family dwelling there,
such conveniences shall afford proper separate accommodation for
persons of each sex.
(2) Every sanitary convenience shall be sufficiently
ventilated and shall not communicate with any workroom except
through the open air or through an intervening ventilated space.
(3) Without prejudice to the generality of subsection
(1)-
(a) one suitable sanitary convenience shall be
provided
for every twenty females
and any fraction of twenty
shall be reckoned as
twenty;
(b) one suitable sanitary convenience shall be
provided
for every twenty males,
not being a convenience
suitable only as a
urinal, and any fraction of twenty
shall be reckoned as
twenty.
(4) In cases where persons of both sexes are employed
the
sanitary conveniences for each sex shall be so placed or so
screened that they shall not be visible, even when the door of
any convenience is open, from any place where persons of the
other sex have to work or pass.
(5) It shall be the duty of every local authority to
enforce
the provisions of this section within its jurisdiction and any
inspector who upon inspection, finds a factory to be in breach
of this section shall give notice in writing to the appropriate
local authority.
(6) If within one month after notice of an act or
default
is given by an inspector under this section to a local authority
proceedings are not taken for punishing or remedying the act or
default, such inspector may take much proceedings for the
punishment or remedying thereof as the local authority might have
taken.
Washing facilities
17.-(l) There shall be provided and maintained for the
use
of employed persons adequate and suitable facilities for washing
which shall include a supply of clean running hot and cold or
warm water and, in addition 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) At least one wash basin shall be provided for every
ten
persons employed or where a trough is provided, at least two feet
of trough for every ten persons employed.
(3) ln any factory constructed or converted for use as
a
factory after the enactment of this Act the washing facilities
referred to in subsection (l) shall be adjacent to the sanitary
conveniences referred to in section 16.
(4) Each room which contains washing facilities shall
be
adequately lit and ventilated.
(5) The chief inspector shall have power to exempt by
certificate in writing subject to such conditions as he thinks
fit any factory where the provision of hot and cold or warm
running water is not reasonably practicable.
Drinking water
18.-(1) There shall be provided and maintained at
suitable
points conveniently accessible to all persons employed an
adequate supply of wholesome drinking water
(a) from a public main; or
(b) from a source approved in writing by the health
inspector for the area in which that source is. Such approval
may only be withheld upon the ground of the unwholesomeness of
the water.
(2) Where the supply of drinking water is not a supply
of
running water, it shall he 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) A supply of drinking water provided under this
section
shall be clearly marked "drinking water" if so required by the
chief inspector in such languages as he may specify.
(4) All supplies of harmful liquids which might be
confused
with drinking water or other beverages shall bc clearly marked
with their contents or marked with an approved warning sign.
(5) Except where the water is delivered in an upward
jet
from which employed persons can conveniently drink or from a tap
from which drinking vessels can be filled, a dipper or ladle
shall be provided for filling drinking vessels.
Clothing
19.-(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 shall be made for drying such
clothing.
(2) If persons are employed to do work which
necessitates
their wearing special clothing and they do not take such special
clothing home suitable places shall be provided for it to be hung
up or otherwise accommodated and if it is reasonably practicable,
for it to be dried.
Sitting facilities
20.-(1) Where any employed persons have in the course
of
their employment reasonable opportunity for sitting without
detriment to their work, there shall be provided and maintained
for their use suitable facilities for sitting sufficient to
enable them to take advantage of those opportunities.
(2) Where a substantial proportion of any work can
properly
be done sitting
(a) there shall be provided and maintained for
each
employed person doing
that work a seat of a design,
construction and
dimensions suitable for him and the
work, together with a
backrest if practicable and a
footrest on which he can
readily and comfortably
support his feet if he
cannot do so without a
footrest; and
(b) the arrangements shall be such that the seat
including
its footrest and, where
fitted. its backrest shall
have adequate support.
(3) All employed persons shall be allowed to sit on the
seats provided under subsections (1) or (2).
First-aid
21.-(1) There shall be provided and maintained so as to
be
readily accessible a first-aid box or cupboard of a standard
prescribed by the Minister by order 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), the number of
persons 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 reckoned as one hundred and fifty
(3) Nothing except appliances or requisites for
first-aid
shall be kept in a first-aid box or cupboard.
(4) Each first-aid box and cupboard shall be placed
under
the charge of a responsible person who shall, in the case of a
factory where more than fifty persons or more than such lower
number of persons as the Minister may by order prescribe, are
employed, be trained in first-aid treatment and the person in
charge shall always be readily available during working hours.
(5) A notice shall be affixed in every workroom stating
the
name of the person in charge of the first-aid ox or cupboard
provided in respect of that room.
(6) If an ambulance room is provided at a factory and
such
arrangements are made as to ensure the immediate treatment there
of all injuries occurring in such factory, the chief inspector
may by certificate exempt such factory from the requirements of
this section to such extent and subject to such conditions as he
say specify in the certificate.
Meals in certain dangerous trades
22.-(1) Where in any room any poisonous substance is so
used
as to give rise to any dust or fume, no ,, person shall be
permitted to partake of food or drink in that room or to remain
in that room during the intervals , allowed in the course of a
spell of continuous employment.
(2) Where in any room a process has been prescribed as
a
process which gives rise to siliceous dust or asbestos dust, no
person shall be permitted to remain in that room during the
intervals allowed to him for meals , or rest other than intervals
allowed in the course of a spell of continuous employment.
(3) Suitable provision shall be made for enabling the
persons employed in any such room as is mentioned in subsections
(1) and (2) to take their meals elsewhere in the factory.
(4) For the purposes of this section, employment should
be
deemed to be continuous unless interrupted by ~ an interval of
at least half an hour.
Removal of dust or fumes
23.-(1) In every factory in which, in connection with
any
process carried on, there is given off any dust or r fume or
other impurity of such a character as to such extent as to be
likely to be injurious or offensive to the r persons employed
therein or any substantial quantity of dust of any kind, all
practicable measures shall be taken to protect such persons
against inhalation of the dust or fume or other impurity and to
prevent its accumulating 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 its 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; and
(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.
Safe means of access and
safe places of employment
24.-(1) There shall so far as is reasonably practicable
be
provided and maintained wherever an employed f person goes in the
course of his employment safe access and passage and such access
and passage and the place 1 to which he goes or where he remains
at any time shall be safe at all times when he is there.
(2) Where any person has to work at a place from which
he
will be liable to fall a distance of more than 2 metres, then,
unless the place is one which affords secure foothold and, where
necessary, secure hand-hold, i means shall be provided, so far
as is reasonably practicable, by fencing or otherwise, for
ensuring his safety.
(3) Without prejudice to the generality of subsection
(1),
no person shall pass over or work on or from, material which
would be liable to fracture if his weight were to be applied to
it and so situated that if it were to be fractured he would be
liable to fall a distance of more than 2 metres unless such one
or more of all or any of 1 the following, namely, suitable and
sufficient crawling ladders, crawling boards and duckboards
(which shall in any case be securely supported and, if necessary,
secured so as to prevent slipping) as are necessary, are 2
provided and so used that the weight of any person so passing or
working is wholly or mainly supported by such ladders or boards
unless his weight is supported by other fully safe and sufficient
means.
(4) Where any person passes across or near or works on
or
near material of the kind and situated ag specified in subsection
(3), prominent warning notices shall be affixed at the approaches
to the place where the material is situated.
(5) All crawling ladders, crawling boards and
duckboards
shall be soundly constructed and properly maintained.
Floors, stairs and passages
25.-(1) All floors, steps, stairs, passages and
gangways
shall be of sound construction and properly maintained and shall,
so far as is reasonably practicable, be kept free from any
obstruction and from any substance likely to cause persons to
slip.
(2) For every staircase in a building or affording a
means
of exit from a building, a substantial hand-rail shall be
provided and maintained, which, if the staircase has an open
side, shall be on that side, and in the case of a staircase
having two open sides or of a staircase which, owing to the
nature of its construction or the condition of the surface of the
steps or other special circumstances, is specially liable to
cause accidents, such a hand-rail shall be provided and
maintained on both sides.
(3) Any open side of a staircase shall also be guarded
by
the provision and maintenance of a lower rail or other effective
means.
(4) All openings in floors shall be securely fenced,
except
in so far as the nature of the work renders such fencing
impracticable.
(5) All ladders shall be soundly constructed and
properly
maintained.
Dangerous substances
26.-(1) Every fixed vessel, structure, sump or pit of
which
the edge is less than 1 metre above the highest ground or
platform from which a person might fall into it shall, if it
contains any scalding, burning, corrosive or poisonous substance
either be securely covered or be securely fenced to at least 1
metre above that ground or platform, or, where by reason of the
nature of the work, neither secure covering nor secure fencing
to that height is practicable, all practicable steps shall be
taken by covering, fencing or other means to prevent any person
from falling into the vessel, structure, sump or pit.
(2) Where any fixed vessel, structure, sump or pit
contains
any scalding, burning, corrosive or poisonous substance but is
not securely covered, no ladder, stair or gangway shall be placed
above, across or inside it which is not-
(a) at least 455 mm wide; and
(b) securely fenced on both sides to a height of
at least
one metre and securely
fixed.
(3) Where any such vessels, structures, sumps or pits
as are
mentioned in subsection (2) adjoin, and the space between them
clear of any surrounding brick or other work is less than 455 mm
in width or is not securely fenced on both sides to a height of
at least 1 metre, secure barriers shall be so placed as to
prevent passage between them.
(4) For the purposes of this section a ladder, stair or
gangway shall not be deemed to be securely fenced unless it is
provided either with sheet fencing or with an upper and a lower
rail and toe boards.
(5) The Minister may by order exempt from the
requirements
of this section any class of vessel, structure, sump or pit in
the case of which he is satisfied that the requirements are
unnecessary or inappropriate.
Wall openings
27.-(1) Every wall opening used for hoisting or
lowering
goods or materials, whether by mechanical power or otherwise,
shall be securely fenced and shall be provided with a secure
hand-hold on each side.
(2) The fencing shall be properly maintained and shall,
except when the hoisting or lowering of goods or materials is
being carried on at the opening be kept in position.
Storage
28.-(1) Storage and stacking of goods or materials
including
the creation of heaps, shall be done in such a way and in such
a position as to prevent risk of injury to any person, resulting
from the collapse or fall of either the goods or materials or
their supporting structure.
(2) Where by reason of the quantity or nature of goods
or
materials, a risk of collapse or fall might arise through
addition or removal, these operations shall be carried out by or
under the supervision of a responsible person.
(3) Measures which are reasonably practicable by way of
control, enclosure or other vise shall be taken to ensure the
security and safety of goods or materials which present a high
risk of injury to any person through ; their inflammability,
explosiveness or toxicity.
PART IV--FIRE
Means of escape in case of fire
29.-(1) Every factory shall be provided with adequate
means
of escape in case of fire for the persons employed therein having
regard to the circumstances of each case.
(2) There shall be at least two safe means of egress
remotely separated from each other from any floor other than the
ground floor.
(3) All means of escape as aforesaid shall be properly
maintained and kept free from obstruction.
(4) In the case of any factory constructed or converted
for
use as a factory after 20th December, 1957, all doors affording
a final means of exit from the factory for the persons employed
therein shall except in the case of sliding doors be constructed
to open outwards.
(5) In the case of any factory constructed or converted
for
use as a factory on or before 20th December, 1957, any door at
the foot of a staircase affording a means of exit from that
building, shall, except in the case of sliding doors, be
constructed to open outwards.
(6) Any doors from any rooms in which more than 10
persons
are employed shall, except in the case of sliding doors, be
constructed to open outwards.
Instructions as to use of
means of
escape in case of fire
30. In every factory, effective steps shall be taken to
ensure that all persons therein employed are familiar with the
means of escape in case of fire, and with the routine to be
followed in case of fire.
Safety provisions in case of fire
31.-(1) While any person is within a factory for the
purpose
of employment or meals, the doors of that factory, and of any
room therein in which he is present, and any doors which afford
a means of exit for persons employed in the factory from any
building or from any enclosure in which the factory is situated,
shall not be locked or fastened in such manner that they cannot
be easily and immediately opened from the inside.
(2) Every hoistway of liftway inside a building
constructed
after the commencement of this Act shall be completely enclosed
with the resisting materials, and all means of access to the
hoist or lift shall be fitted with doors of fire resisting
material except that any such hoistway or liftway which is not
provided with a vent at the top shall be enclosed only by some
material easily broken by fire.
(3) Every window, door or other exit affording means of
escape in case of fire or giving access thereto, other than the
means of exit in ordinary use, shall be distinctively and
conspicuously marked by a notice printed in letters not less than
150 mm in size.
(4) In every building which is, forms part of or
comprises
a factory, effective means, capable of being; operated without
exposing any person to undue risk, shall be provided and
maintained for giving warning in case of fire, which shall be
distinctive and clearly audible throughout the building.
(5) The contents of any room in which a persons are
employed
shall be so arranged or disposed that there is a free passageway
for all persons employed in the room to a means of escape in case
of fire.
Provisions as to unguarded machinery
37.-(1) In determining, for the purposes of the
foregoing
provisions of this Part whether any part of machinery is in such
a position as to be as safe to every person employed on the
premises as it would be if effectively guarded, the following
provisions shall apply in a case where this section applies:
(a) no account shall be taken of any person carrying
out,
while that part of machinery is in motion, j an examination
thereof or any lubrication or adjustment shown by the examination
to be immediately necessary, if the examination, lubrication or
adjustment can only be carried out while the part of machinery
is in motion; and
(b) in the cases of any part of transmission machinery
used
in any such process as may be specified by the Minister by order,
being a process where owing to the continuous nature thereof the;
stopping of that part would seriously interfere with the carrying
on of the process, no account ^ shall be taken of any person
carrying out by such methods and in such circumstances as may be
specified in the order, any lubrication or any mounting of belts.
(2) The provisions of this section only apply where the
examination, lubrication or other operation is; carried out by
such males who have attained the age of eighteen as may be
specified by the Minister by order, j and all such other
conditions as may be so specified are complied with.
Construction and
maintenance of guards
38.-(1) All guards provided in pursuance of this Part
shall
be kept in position whilst the parts required to 4 be guarded are
moving, whatever the speed and whatever the purpose of movement
except-
(a) to the extent that such parts are necessarily
exposed
and the motion is
controlled by an inching device; or
(b) to the extent that the motion is by hand
power and
such power and such parts
are necessarily j exposed;
and
(i) the machinery
is isolated from any source of
mechanical power; and
(ii) the construction,
overhaul, repair or setting of
machinery is carried out by persons trained for
that purpose.
(2) For the purposes of this section an inching device
is
one that gives a limited and predetermined amount of movement
each time such device is actuated.
Safety devices
39.-(1) In every room or place there shall be provided
an
effective device for promptly cutting off from the power in that
room or place each or every machine in that room or place
including transmission machinerY and sufficient and suitably
located points of operation for such device shall be provided.
(2) No driving belt when not in use shall be allowed to
rest
or ride upon a revolving shaft which forms part of the
transmission machinery.
(3) Suitable striking gear or other efficient
mechanical
appliances shall be provided and maintained and used to move
driving belts to and from fast and loose pulleys which form part
of the transmission machinery, and every such gear or appliances
shall be so constructed placed and maintained as to prevent the
driving belt tom creeping back on to the fast pulley.
Self-acting machines
40. In every factory to which this section applies, no
traversing part of any self-acting machine and no material
carried thereon shall, if the space over which it runs is a space
over which any person is liable to pass, whether in the course
of his employment or otherwise, be allowed on its outward or
inward traverse to run within a distance of 455 mm from any fixed
structure which is not part of the machine.
Stock-bars
41. Any material which projects beyond the headstock of
a
lathe shall be effectively guarded unless it is in such a
position as to be as safe to every employed person as it would
be if effectively guarded.
Chains, ropes and lifting tackle
42.-(1) The following provisions shall be complied with
as
respects every chain, rope or lifting tackle used for the purpose
of raising or lowering persons, goods or materials: -
(a) no chain, rope or lifting tackle shall be
used unless
it is of good
construction, sound material, adequate
strength and free from
patient defect and shall comply
where reasonably
practicable with the approved
standard;
(b) subject to the provisions of subsection (2),
a table
showing the safe working
loads of every kind and size
of chain, rope or lifting
tackle in use, and, in the
case of a multiple sling,
the safe working load at
different angles of the
legs, shall be posted in the
store in which such
chains, ropes or lifting tackle
are kept, and in
prominent positions on the premises,
and no chain, rope or
lifting tackle not shown in the
table shall be used;
(c) no chain, rope or lifting tackle shall be
used for any
load exceeding its safe
working load as shown by the
table mentioned in
paragraph (b) or marked as
mentioned in subsection
(2);
(d) all chains, ropes and lifting tackle in use
shall be
thoroughly examined by an
authorised person at
intervals not exceeding
six months or at such greater
intervals as the Minister
may by order prescribe;
(e) no chain, rope or lifting tackle, except a
fibre rope
or fibre rope sling,
shall be taken into use in any
factory for the first
time in that factory unless it
has been tested and
thoroughly examined by or on
behalf of the
manufacturer and a certificate of the
test and examination
specifying the safe working load
and signed by the person
making the test and
examination has been
obtained and is kept available
for inspection;
(f) every chain and lifting tackle except a rope
sling
shall, unless of a class
or description exempted by
certificate of the chief
inspector upon the ground
that it is made of such
material or so constructed
that it cannot be
subjected to heat treatment without
risk of damage or that it
has been subjected to some
form of treatment other
than annealing approved by
him, be annealed at
intervals not exceeding fourteen
months or, in the case of
chains or slings of 12 mm
bar or smaller or, chains
used in connection with
molten slag, in every six
months;
(g) every chain, rope and lifting tackle shall
bear a
distinguishing mark or
number sufficient to identify
it;
(h) an approved register containing the approved
particulars shall be kept
in respect of all such
chains, ropes or lifting
tackle, except fibre rope
slings.
(2) Paragraph (b) of subsection (l) shall not apply to
any
lifting tackle if its safe working load or, in the case of a
multiple sling, the safe working load at different angles of the
legs is plainly marked upon it.
Cranes and other lifting machines
43.-(l) All parts and working gear, whether fixed or
movable, including the anchoring and fixing appliances, of every
lifting machine shall be thoroughly examined by an authorised
person at intervals not & exceeding fourteen months and a
register shall be kept containing the approved particulars of
every such; examination; and where the examination shows that the
lifting machine cannot continue to be used with safety unless
certain repairs are carried out immediately or within a specified
time, the person making the report of the examination shall
within twenty-eight days of the completion of the examination
send a copy of the report to the chief inspector.
(2) All rails on which a travelling crane moves and
every
track on which the carriage of a transporter or j runway moves
shall be of proper size and adequate strength and have an even
running surface and any such rails
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