Factories Act, 1955

Factories Act, 1955 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1955 Factories Act, 1955 Factories Act, 1955 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 10 of 1955. FACTORIES ACT, 1955. ARRANGEMENT OF SECTIONS Part I . PRELIMINARY AND GENERAL. Section 1. Short title and commencement. 2. Interpretation generally. 3. Interpretation of “factory”. 4. Application of Act to young persons employed in factories in certain occupations. 5. Expenses incurred by Minister. 6. Regulations in relation to prescribed matters. 7. Repeals. 8. Continuation of certain orders, etc. 9. Construction of certain references. Part II . HEALTH (GENERAL PROVISIONS). 10. Cleanliness. 11. Overcrowding. 12. Temperature. 13. Ventilation. 14. Lighting. 15. Drainage of floors. 16. Slippery floors. 17. Sanitary conveniences. 18. Powers of inspector as to sanitary defects remediable by sanitary authority. 19. Powers in case of default of sanitary authority. 20. Power to require medical supervision. Part III . SAFETY (GENERAL PROVISIONS). 21. Prime movers. 22. Transmission machinery. 23. Machinery other than prime movers and transmission machinery. 24. Safety devices. 25. Fencing of materials or articles. 26. Provisions as to unfenced machinery. 27. Construction and maintenance of fencing. 28. Construction of machinery. 29. Vessels containing dangerous liquids. 30. Self-acting machines. 31. Cleaning of machinery by women and young persons. 32. Training and supervision of persons working at dangerous machines. 33. Hoists and lifts. 34. Chains, ropes and lifting tackle. 35. Cranes and other lifting machines. 36. Construction and maintenance of floors, passages and stairs. 37. Safe means of access and safe place of employment. 38. Precautions in places where dangerous fumes are liable to be present. 39. Precautions with respect to explosive or inflammable dust gas, vapour or substance. 40. Steam boilers. 41. Steam receivers and steam containers. 42. Air receivers. 43. Exceptions as to steam boilers, steam receivers and containers, and air receivers. 44. Precautions as respects water-sealed gasholders. 45. Means of escape in case of fire. 46. Regulations and bye-laws as to means of escape in case of fire. 47. Safety provisions in case of fire. 48. Instructions as to use of means of escape in case of fire. 49. Power of Minister to require special safety arrangements for the prevention of accidents. 50. Power of the District Court to make orders as to dangerous conditions and practices. 51. Power of the District Court to make orders as to dangerous factory. Part IV . WELFARE (GENERAL PROVISIONS). 52. Supply of drinking water. 53. Washing facilities. 54. Accommodation for clothing. 55. Facilities for sitting. 56. First-aid. 57. Welfare regulations. PART V HEALTH, SAFETY AND WELFARE (SPECIAL PROVISIONS AND REGULATIONS) 58. Removal of dust or fumes. 59. Meals in certain dangerous trades. 60. Protection of eyes in certain processes. 61. Shuttle threading by mouth suction. 62. Prohibition of use of white phosphorus in manufacture of matches. 63. Humid factories. 64. Underground rooms. 65. Basement bakehouses. 66. Laundries. 67. Lifting excessive weights. 68. Prohibition of employment of female young persons where certain processes are carried on. 69. Prohibition of employment of women and young persons in certain processes connected with lead manufacture. 70. Provisions as to employment of women and young persons in processes involving use of lead compounds. 71. Power to make special regulations for safety and health. 72. Power to take samples. 73. Safety Committee and Safety Delegate. PART VI . NOTIFICATION AND INVESTIGATION OF ACCIDENTS AND INDUSTRIAL DISEASES. 74. Notification of accidents. 75. Power to extend to dangerous occurrences provisions as to notice of accidents. 76. Notification of industrial diseases. 77. Inquest in case of death by accident or industrial disease. 78. Power to direct formal investigation of accidents and cases of disease. 79. Investigation and report in certain cases. PART VII . CERTIFICATES OF FITNESS IN RESPECT OF YOUNG PERSONS. 80. Certificates of fitness for employment of young persons. PART VIII . SPECIAL APPLICATIONS AND EXTENSIONS. 81. Multiple factories. 82. Premises where part of building is separate factory. 83. Application of Act to electrical stations. 84. Institutions. 85. Certain premises subject to inspection. 86. Docks, wharves, quays and warehouses. 87. Ships. 88. Building operations. 89. Works of engineering construction. 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. PART IX . HOME WORK. 91. Lists of outworkers to be kept in certain trades. 92. Employment of person in unwholesome promises. PART X . ADMINISTRATION. 93. Inspectors. 94. Powers of Inspectors. 95. Certificate of authorisation to act as inspector. 96. Appointment and duties of certifying doctors. 97. Fees of certifying doctors. 98. Provisions as to sanitary authorities. 99. Provisions as to regulations, orders and certificates of the Minister. PART XI . OFFENCES, PENALTIES AND LEGAL PROCEEDINGS. 100. Offences generally. 101. Fines for offences for which no express penalty provided. 102. Power of court to order cause of contravention to be remedied. 103. Offence in case of death or injury. 104. Offence by parent. 105. Forgery of certificates, etc. 106. Offence by person actually committing offence for which occupier or owner is liable. 107. Exemption of occupier or owner in certain cases. 108. Proceedings against persons other than occupiers or owners. 109. Owner of machine liable in certain cases instead of occupier. 110. Prosecution of offences, etc. 111. Appeals from orders made on complaint. 112. Special provisions as to evidence. 113. Service and sending of documents. 114. Certificates of birth. 115. Power of Circuit Court to modify agreements. 116. Power of Circuit Court to apportion expenses. PART XII . APPLICATION OF ACT. 117. General application of Act. 118. Application to factories belonging to the State. PART XIII . MISCELLANEOUS. 119. Notice of occupation of factory, and use of mechanical power. 120. Posting of abstract of Act and notices. 121. Posting and giving copies of special regulations. 122. General registers. 123. Preservation of registers and records. 124. Periodical return of persons employed. 125. Duties of persons employed. 126. Prohibition of deductions from wages. 127. Advisory Council. 128. Provisions as to quarries and pit banks. FIRST SCHEDULE Enactments Repealed SECOND SCHEDULE Table of Humidity THIRD SCHEDULE Procedure for making Special Regulations Acts Referred to Health Act, 1947 No. 28 of 1947 Health Act, 1953 No. 26 of 1953 Interpretation Act, 1937 No. 38 of 1937 Workmen's Compensation Act, 1934 No. 9 of 1934 Number 10 of 1955. FACTORIES ACT, 1955. AN ACT TO CONSOLIDATE, WITH AMENDMENTS, THE FACTORY AND WORKSHOP ACTS, 1901 TO 1920, AND OTHER ENACTMENTS RELATING TO FACTORIES AND FOR PURPOSES CONNECTED WITH THE PURPOSES AFORESAID. [9th June, 1955.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— PART I. Preliminary and General. Short title and commencement. 1.—(1) This Act may be cited as the Factories Act, 1955. (2) This Act shall come into operation on such day as the Minister appoints by order. (3) Notwithstanding subsection (2) of this section, if it is shown to the satisfaction of the Minister, as respects any particular requirement contained in Part III of this Act, that by reason of substantial expenditure involved through the necessity of providing new, or altering existing, buildings or plant, or on account of other special difficulties, it would be right in the case either of factories generally or of any class or description of factory that the requirement should not come into operation on the day appointed under subsection (2) of this section, he may by order postpone the date of coming into operation of the said requirement, as respects factories generally or that class or description of factory, until such date as he may think fit but not later than the two years after the day appointed under subsection (2) of this section, and any such order may direct that such corresponding provisions of any enactment repealed by this Act as may be specified in the order shall apply in lieu of the postponed requirement of this Act. (4) Notwithstanding subsection (2) of this section section 127 of this Act shall come into operation on the passing of this Act. Interpretation generally. 2.—(1) In this Act, unless the context otherwise requires— “bakehouse” means any place in which bread, biscuits or confectionery is or are baked by way of trade or for purposes of gain; “bodily injury” includes injury to health; “building operation” means the construction, structural alteration, repair or maintenance of a building (including re-pointing, re-decoration and external cleaning of the structure), the demolition of a building and the preparation for, and laying the foundation of, an intended building, but does not include any operation which is a work of engineering construction within the meaning of this Act; “certifying doctor” means a registered medical practitioner appointed under section 96 of this Act to be a certifying doctor for any of the purposes of this Act; “class or description”, in relation to factories, includes a group of factories described by reference to locality; “contravention” includes, in relation to any provision, a refusal or failure to comply with that provision, and “contravene” shall be construed accordingly; “degrees” means degrees Fahrenheit; “driving belt” includes any driving strap or rope; “fume” includes gas or vapour; “general register” means the register kept in accordance with the requirements of section 122 of this Act; “harbour” has the same meaning as in the Merchant Shipping Act, 1894 ; “humid factory” means a factory in which atmospheric humidity is artificially produced by steaming or other means; “inspector” means an officer of the Minister authorised under section 93 of this Act to act as an inspector for the purposes of this Act; “machinery” includes any driving belt; “maintained” means maintained in an efficient state, in efficient working order, and in good repair; “medical officer of health” has the same meaning as in the Health Act, 1947 (No. 28 of 1947), but also includes a district medical officer under section 52 of the Health Act, 1953 (No. 26 of 1953); “the Minister” means the Minister for Industry and Commerce; “multiple factory” means any premises where mechanical power from any prime mover within the close or curtilage of the premises is distributed for use in manufacturing processes to different parts of the same premises occupied by different persons in such manner that those parts constitute in law separate factories; “owner” means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would receive the rackrent if the premises were let at a rackrent; “parent” means a parent or guardian of, or person having the legal custody of, or the control over, a young person, and also includes, in relation to any young person, any person having direct benefit from his wages; “prescribed” means prescribed by regulations made by the Minister under this Act; “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; “railway” means any railway used for the purposes of public traffic whether passenger, goods or other traffic and includes any works of the body corporate managing and controlling the railway which are connected with the railway; “sanitary authority” means a sanitary authority within the meaning of the Local Government (Sanitary Services) Acts, 1878 to 1952; “sanitary conveniences” includes urinals, waterclosets, earth-closets, privies, ashpits, and any similar convenience; “ship” has the same meaning as in the Merchant Shipping Act, 1894 ; “tramway” means a tramway authorised by or under statute and used for the purpose of public traffic; “transmission machinery” means every shaft, wheel, drum, 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; “vessel” has the same meaning as in the Merchant Shipping Act, 1894 ; “welfare regulations” means special regulations made under section 57 of this Act; “woman” means a woman whose age is not less than eighteen years; “work of engineering construction” means the construction of any railway line or siding otherwise than upon an existing railway, and the construction, structural alteration or repair (including re-pointing and re-painting) or the demolition of any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipe-line, aqueduct, sewer, sewage works or gasholder, except where carried on upon a railway or tramway, and shall include such other works as may be prescribed; “young person” means a person whose age is less than eighteen and more than fourteen years. (2) For the purposes of this Act, machinery or plant shall be deemed to have been constructed or reconstructed before the passing of this Act or the making of regulations under this Act, and a factory or building shall be deemed to have been constructed, reconstructed, extended, added to or converted for use as a factory, before the passing or commencement of this Act, if the construction, reconstruction, extension, addition or conversion was begun before the passing or commencement of this Act, or the making of regulations under this Act, as the case may be. (3) For the purposes of this Act, a factory shall not be deemed to be a factory in which mechanical power is used by reason only that mechanical power is used for the purpose of heating, ventilating or lighting the workrooms or other parts of the factory. (4) For the purposes of this Act, an apprentice shall be deemed to be a person employed. (5) Any reference in this Act to the District Court shall be construed as a reference to the Justice of the District Court having jurisdiction in the District Court area where the factory in question is situated. (6) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment including this Act. Interpretation of “factory.” 3.—(1) Subject to the provisions of this section, in this Act “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: (a) the making of any article or of part of any article, (b) the altering, repairing, ornamenting, finishing, cleaning or washing, or the breaking up or demolition, of any article, (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 purposes of gain and to or over which the employer of the persons employed therein has the right of access or control; And (whether or not they are factories by reason of the foregoing definition) in this Act “factory” also includes the following premises in which persons are employed in manual labour: (i) any yard or dry 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 articles is carried on as a separate business, 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 as a separate business or incidentally to the purposes 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 carried on as 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 and in which persons are not employed on a full-time basis in such cleaning, washing, repairing and adjusting, (vii) any premises in which printing by letterpress, lithography, photogravure, or other similar process, or bookbinding 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 adaptations or repairs are made, (ix) any premises in which the business of making or mending nets is carried on incidentally to the fishing industry, (x) any premises in which mechanical power is used in connection 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, so, however, that the employment at any such premises of theatrical performers and of attendants on theatrical performers shall not be deemed to be employment in a factory, (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 premises used for the storage of gas in a gasholder having a storage capacity of not less than five thousand cubic feet, (xiv) any premises in which the business of flax scutching is carried on, (xv) any premises in which the business of plucking fowl is carried on, (xvi) any premises in which the business of testing, grading or packing eggs is carried on, (xvii) any premises in which pigs are killed for the purposes of a bacon factory, (xviii) any premises in which cattle or sheep are killed for packing. (2) Any line or siding (not being part of a railway or tramway) which is used in connection with and for the purposes of a factory shall be deemed for the purposes of this Act to be part of the factory, but if any such line or siding is used in connection 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 Minister, 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 occupier, 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 for the purposes of this Act to be a factory and, in the case of any such workplace not being a multiple factory or part of a multiple factory, this Act shall apply as if the owner or occupier of the workplace were the occupier of the factory and the persons working therein were persons employed in the factory. (5) Premises in or adjacent to and belonging to a quarry or mine being premises in which the only process carried on is a process ancillary to the getting, dressing or preparation for sale of minerals shall be deemed for the purposes of this Act not to be a factory. (6) Where a place situate 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 be deemed for the purposes of this Act not to form part of the factory, but shall, if otherwise it would be a factory, be deemed to be a separate factory. (7) Premises shall not be excluded from the definition for the purposes of this Act of a factory by reason only that they are open-air premises. (8) Where the Minister by regulations so directs as respects all or any purposes of this Act, different branches or departments of work carried on in the same factory shall be deemed to be separate factories. (9) Premises belonging to or in the occupation of the State or any local or other public authority shall not be regarded as not being a factory for the purposes of this Act, and building operations or works of engineering construction undertaken by or on behalf of the State or any such 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 or for purposes of gain. Application of Act to young persons employed in factories in certain occupations. 4.—A young person 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 the factory for the purposes of this Act or of any proceedings thereunder. Expenses incurred by Minister. 5.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Regulations in relation to prescribed matters. 6.—The Minister may make regulations in relation to any matter referred to in this Act as prescribed or to be prescribed. Repeals. 7.—The Acts mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. Continuation of certain orders, etc. 8.—Any order, regulation, bye-law, requirement, appointment (other than an appointment under section 118 of the Factory and Workshop Act, 1901) or agreement made or certificate (other than a certificate under section 14 of the Factory and Workshop Act, 1901) or notice given under any enactment repealed by this Act which was in force immediately before the commencement of this Act shall continue in force and shall have effect as though it had been made or given under this Act and, in so far as it could have been made or given under a particular provision of this Act, shall be deemed to have been made or given under that provision, and any such order or regulation made under a power which is exercisable under a corresponding provision of this Act by a different class of instrument, shall be deemed to be an instrument of that class, so, however, that any such order or regulation which continues in force by virtue of this section may, in so far as it is necessary to bring it into conformity with this Act, be varied or revoked by an order or regulations made by the Minister under this Act. Construction of certain references. 9.—(1) References in any enactment to a special order made under section 126 of the Factory and Workshop Act, 1901, shall be construed as references to regulations made under this Act. (2) References in any enactment to a factory or workshop within the meaning of the Factory and Workshop Acts, 1901 to 1920, or any of those Acts, shall be construed as references to a factory within the meaning of this Act. (3) The mention of particular matters in subsections (1) and (2) of this section shall not prejudice or affect the general application of sections 20 and 21 of the Interpretation Act, 1937 (No. 38 of 1937). PART II. Health (General Provisions). Cleanliness. 10.—(1) Every factory shall be kept in a clean state and free from effluvia arising from any drain, sanitary convenience or nuisance and, without prejudice to the foregoing provision— (a) accumulations of dirt, refuse, trade refuse and waste shall be removed daily by a suitable method from the floors and benches of workrooms, and from the staircases and passages, (b) the floor of every workroom shall be cleaned at least once in every week by washing, or if it is effective and suitable, by sweeping or other method, (c) all inside walls and partitions, and all ceilings or tops of rooms, and all walls, sides and tops of passages and staircases shall— (i) where they have a smooth impervious surface, at least once in every period of fourteen months be washed with hot water and soap or other suitable detergent or cleaned by such other method as may be approved of by an inspector, (ii) where they are kept painted with oil paint or varnished, be repainted or revarnished at least once in every period of seven years, and at least once in every period of fourteen months be washed with hot water and soap or other suitable detergent or cleaned by such other method as may be approved of by an inspector, (iii) in other cases be kept whitewashed or colour-washed, and the whitewashing or colour-washing shall be repeated at least once in every period of fourteen months. (2) In fulfilling, on an occasion when work is in progress, the requirements of paragraph (a) or paragraph (b) of subsection (1) of this section, the methods used shall, so far as is reasonably practicable, be such as not to give rise to dust. (3) Except where the Minister in any particular case otherwise requires, the provisions of paragraph (c) of subsection (1) of this section shall not apply to any factory where mechanical power is not used and less than ten persons are employed. (4) Where it appears to the Minister that in any class or description of factory or parts thereof any of the provisions of subsection (1) of this section are not required for the purpose of keeping the factory in a clean state, or are by reason of special circumstances inappropriate or inadequate for such purpose, he may, if he thinks fit, by order, made after consultation with the Minister for Health, 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. 11.—(1) A factory shall not, 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) of this section, a factory shall be deemed to be so overcrowded as to cause risk of injury to the health of persons employed therein if the number of persons employed at a time in any workroom is such that the amount of cubic space allowed for every person employed in the room is less than four hundred cubic feet. (3) If the Minister 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) of this section to the workroom would be inappropriate or unnecessary, he may by certificate except the workroom from that subsection subject to any conditions specified in the certificate. (4) As respects any room used as a workroom at the date of the commencement of this Act, subsection (2) of this section shall for the period of three years after that date and, if before the expiration of that period effective and suitable mechanical ventilation has been provided in the room, for a further period of five years, have effect as if for the reference therein to four hundred cubic feet there were substituted a reference to two hundred and fifty cubic feet. (5) Subsection (4) of this section shall cease to apply to a room— (a) if the room passes into the occupation of any person other than the person who was the occupier thereof at the passing of this Act or his successor in the same business, (b) if, during the first of the periods referred to in the subsection, the Minister requires the provision of effective and suitable mechanical ventilation in the room and default is made in complying with the requirement, (c) if, during the second of the said periods, the effective and suitable mechanical ventilation provided in the room ceases to be maintained, or (d) in a case where effective and suitable mechanical ventilation has been provided in pursuance of a requirement of the Minister, if, during either of the said periods, such ventilation ceases to be maintained. (6) The Minister may, after consultation with the Minister for Health, make regulations, as respects any class or description of factory or parts thereof or any process, increasing the number of cubic feet which must under this section be allowed for every person employed in a workroom. (7) In calculating, for the purposes of this section, the amount of cubic space in any room, no space more than fourteen feet 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. (8) There shall be kept posted in each workroom a notice specifying the number of persons who, having regard to this section, may be employed in the workroom. Temperature. 12.—(1) Effective provision shall be made for securing and maintaining a reasonable temperature in each workroom, but no method shall be employed which results in the escape into the air of any workroom of any fume of such character and to such extent as to be likely to be injurious or offensive to persons employed therein. (2) In every workroom in which a substantial proportion of the work is done sitting and does not involve serious physical effort, a temperature of less than sixty degrees shall not be regarded, after the first hour, as being a reasonable temperature while work is going on, and at least one thermometer shall be provided and maintained in a suitable position in every such workroom. (3) The Minister, after consultation with the Minister for Health, may, by regulations, for factories or for any class or description of factory or parts thereof, prescribe a standard of reasonable temperature (which may vary the standard prescribed by subsection (2) of this section for sedentary work) and prohibit the use of any methods of maintaining a reasonable temperature which, in his opinion, are likely to be injurious to the persons employed, and direct that thermometers shall be provided and maintained in such places and positions as may be specified. Ventilation. 13.—(1) Effective and suitable provision shall be made for securing and maintaining by the circulation of fresh air in each workroom the adequate ventilation of the room, and for rendering harmless, so far as practicable, all fumes, dust and other impurities that may be injurious to health generated in the course of any process or work carried on in the factory. (2) The Minister, after consultation with the Minister for Health, may, by regulations, prescribe a standard of adequate ventilation for factories or for any class or description of factory or parts thereof. Lighting. 14.—(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) The Minister, after consultation with the Minister for Health, may, by regulations, prescribe a standard of sufficient and suitable lighting for factories or for any class or description of factory or parts thereof, or for any process. (3) All glazed windows and skylights used for the lighting of workrooms shall, so far as practicable, be kept clean on both the inner and outer surfaces and free from obstruction. (4) Subsection (3) of this section shall not affect the whitewashing or shading of windows and skylights for the purposes of mitigating heat or glare. Drainage of floors. 15.—Where any process is carried on which renders the floor liable to be wet to such extent that the wet is capable of being removed by drainage, effective means shall be provided and maintained for draining off the wet. Slippery floors. 16.—Where any process is carried on which renders the floor liable to cause persons employed to slip, effective means shall be provided and maintained for protecting the persons employed from slipping. Sanitary conveniences. 17.—(1) Sufficient and suitable sanitary conveniences for the persons employed in a factory shall be provided, maintained and kept clean and— (a) where a piped water supply is in the factory, all sanitary conveniences shall be individually flushed water closets, except urinals which shall have suitable flushing arrangements, (b) sanitary conveniences shall not communicate with any workroom except through the open air or through an intervening ventilated space, (c) effective provision shall be made for lighting the sanitary conveniences, and (d) 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), the sanitary conveniences shall afford separate accommodation for persons of each sex. (2) The Minister may, after consultation with the Minister for Health, make regulations determining for factories or for any class or description of factory what is sufficient and suitable provision for the purposes of this section. (3) This section shall be enforced by the sanitary authority. Powers of inspector as to sanitary defects remediable by sanitary authority. 18.—(1) Where an inspector finds any act or default, in relation to any drain, sanitary convenience, water supply, nuisance, or other matter in a factory which is liable to be dealt with by the sanitary authority under this Part of this Act or under the law relating to public health, he shall give notice thereof in writing to the sanitary authority, and it shall be the duty of the sanitary authority to make such inquiry into the subject of the notice, and take such action thereon, as seems to them proper for the purpose of enforcing the law, and to inform the inspector of the proceedings taken in consequence of the notice. (2) Where an inspector finds any such act or default as is referred to in subsection (1) of this section, he may take with him into the factory a medical officer of health, a health inspector or an officer of the sanitary authority. (3) If, within one month after notice of an act or default is given by an inspector under this section to a sanitary authority, proceedings are not taken for punishing or remedying the act or default, the Minister may take the like proceedings for the punishment or remedying thereof as the sanitary authority might have taken, and shall be entitled to recover from the sanitary authority as a simple contract debt in any court of competent jurisdiction all such expenses incurred by him in and about the proceedings as are not recovered from any other person and have not been incurred in or about any unsuccessful legal proceedings. Powers in case of default of sanitary authority. 19.—(1) If the Minister is satisfied that any sanitary authority have failed to enforce any of the provisions of section 17 of this Act, he may, by authorisation in writing and after notifying the sanitary authority, authorise an inspector to take, during such period as may be mentioned in the authorisation, such steps as appear necessary or proper for enforcing those provisions. (2) Where an inspector is authorised under this section— (a) he shall, for the purpose of his duties under the authorisation, have the same powers in enforcing the provisions specified in the authorisation as he has in enforcing the provisions of this Act generally, (b) he may, for the purpose of his duties under the authorisation, take the like proceedings for enforcing the provisions so specified, or for punishing or remedying any act or default, as might be taken by the sanitary authority, (c) he shall be entitled to recover from the sanitary authority as a simple contract debt in any court of competent jurisdiction all such expenses incurred by him in and about any such proceedings as are not recovered from any other person and have not been incurred in or about any unsuccessful legal proceedings. Power to require medical supervision. 20.—(1) Where it appears to the Minister that in any factory or class or description of factory— (a) cases of illness have occurred which he has reason to believe may be due to the nature of a process or other conditions of work, (b) there may be risk of injury to the health of persons employed— (i) from any substance or material brought in for use or handling, or (ii) from any change in the conditions of work or other conditions, (c) by reason of changes in any process or in the substances used in any process, or by reason of the introduction of any new process or new substance for use in a process, there may be risk of injury to the health of persons employed in that process, or (d) persons are or are about to be employed in work which may cause risk of injury to their health, he may, after consultation with the Minister for Health, make special regulations requiring such reasonable arrangements to be made for the medical supervision (not including medical treatment other than first-aid treatment and medical treatment of a preventive character) of the persons, or any class of the persons, employed at that factory or class or description of factory as may be specified in the regulations. (2) Where the Minister proposes to exercise his powers under this section in relation to a particular factory and for a limited period, he may exercise those powers by order instead of by special regulations. (3) An order under subsection (2) of this section shall cease to have effect at the expiration of such period not exceeding six months from the date when it comes into operation as may be specified in the order, but— (a) the Minister may by a subsequent order or orders extend the said period, (b) if the occupier of the factory by notice in writing to the Minister objects to any such extension, the original order shall cease to have effect as from one month after the service of the notice, without prejudice to the making of special regulations in relation to the factory. PART III. Safety (General Provisions). Prime movers. 21.—(1) Every flywheel directly connected to any prime mover and every moving part of any prime mover, except such prime movers as are mentioned in subsection (3) of this section, shall be securely fenced, whether the flywheel or prime mover is situated in an engine-house or not. (2) The head and tail race of every water wheel and of every water turbine shall be securely fenced. (3) Every part of electric generators, motors and rotary converters, and every flywheel directly connected thereto, shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced. Transmission machinery. 22.—(1) Every part of the transmission machinery shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced. (2) Efficient devices or appliances shall be provided and maintained in every room or place where work is carried on by which the power can promptly be cut off from the transmission machinery in that room or place. (3) 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. (4) 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 any such gear or appliances shall be so constructed, placed and maintained as to prevent the driving belt from creeping back on to the fast pulley. (5) Where the Minister is satisfied that owing to special circumstances the fulfilment of any of the requirements of subsections (2), (3) and (4) of this section is unnecessary or impracticable, he may by order direct that that requirement shall not apply in those circumstances. Machinery other than prime movers and transmission machinery. 23.—(1) Every dangerous part of any machinery, other than prime movers and transmission machinery, shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced. (2) In so far as the safety of a dangerous part of any machinery cannot by reason of the nature of the operation be secured by means of a fixed guard, the requirements of subsection (1) of this section shall be deemed to have been complied with if a device is provided which automatically prevents the operator from coming into contact with that part. (3) Any part of a stock-bar which projects beyond the head-stock of a lathe shall be securely fenced unless it is in such a position as to be as safe to every person employed or working on the premises as it would be if securely fenced. Safety devices. 24.—(1) Where the Minister is satisfied that there is available and suitable for use in connection with machinery of any class any type or description of safety device which— (a) gives warning of the starting of a machine, (b) prevents the exposure of a dangerous part of machinery whilst in motion, or (c) stops a machine forthwith in case of danger, he may make regulations directing that the type or description of device shall be provided for use in connection with such class of machinery as may be specified in the regulations. (2) In any proceedings in respect of a contravention of regulations under this section, it shall be a sufficient defence to prove that a safety device at least as effective as that required by the regulations was being used in connection with the machinery in respect of which the contravention occurred. Fencing of materials or articles. 25.—The Minister may, as respects any machine or any process in which a machine is used, make regulations requiring the fencing of materials or articles which are dangerous while in motion in the machine. Provisions as to unfenced machinery. 26.—(1) In determining, for the purposes of section 21 , 22 or 23 of this Act, whether any part of machinery is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced— (a) no account shall be taken of any person carrying out, while the part of machinery is in motion, an examination thereof or any lubrication or adjustment shown by such examination to be immediately necessary, being an examination, lubrication or adjustment which it is necessary to carry out while the part of machinery is in motion, (b) in the case of any part of transmission machinery used in any such process as may be specified in regulations made by the Minister, 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 regulations, any lubrication or any mounting or shipping of belts. (2) Subsection (1) of this section shall only apply where the examination, lubrication or other operation is carried out by such persons, being male persons who have attained the age of eighteen years, as may be specified in regulations made by the Minister, and all such other conditions as may be so specified are complied with. Construction and maintenance of fencing. 27.—All fencing or other safeguards provided in pursuance of section 21 , 22 or 23 or regulations under section 24 or 25 of this Act shall be of substantial construction, and constantly maintained and kept in position while the parts required to be fenced or safeguarded are in motion or in use, except when any such parts are necessarily exposed for examination and for any lubrication or adjustment shown by such examination to be immediately necessary, and all such conditions as may be specified in regulations made by the Minister are complied with. Construction of machinery. 28.—In the case of any machine in a factory being a machine intended to be driven by mechanical power— (a) every set-screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger, (b) all spur and other toothed or friction gearing, which does not require frequent adjustment while in motion, shall be completely encased unless it is so situated as to be as safe as it would be if completely encased. Vessels containing dangerous liquids. 29.—(1) Every fixed vessel, structure, sump or pit of which the edge is less than three feet above the adjoining ground or platform shall, if it contains any scalding, corrosive or poisonous liquid, either be securely covered or be securely fenced to at least that height, 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) 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. Self-acting machines. 30.—(1) Any traversing part of any self-acting machine and any material carried thereon shall not, 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 eighteen inches from any fixed structure not being part of the machine. (2) Nothing in subsection (1) of this section shall prevent any portion of the traversing carriage of any self-acting spinning mule being allowed to run to a point twelve inches distant from any part of the head stock of another such machine. (3) All practicable steps shall be taken by instructions to the person in charge of the machine and otherwise to ensure that no person employed shall be in the space between any traversing part of a self-acting spinning mule and any fixed part of the machine towards which the traversing part moves on the inward run, except when the machine is stopped with the traversing part on the outward run. Cleaning of machinery by women and young persons. 31.—A woman or young person shall not clean any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, and shall not clean any part of any machine if the cleaning thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machinery. Training and supervision of persons working at dangerous machines. 32.—(1) A person shall not work at any machine to which this subsection applies unless he has been fully instructed as to the dangers arising in connection therewith and the precautions to be observed, and— (a) has received a sufficient training in work at the machine, or (b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine. (2) Subsection (1) of this section applies to such machines as may be specified in regulations made by the Minister, being machines which in his opinion are of such a dangerous character that persons ought not to work at them unless the requirements of subsection (1) of this section are complied with. (3) In this section— “machine” includes any steam boiler, steam receiver or air receiver; any reference to working at a machine shall— (a) in the case of a steam boiler, be construed as including a reference to working in connection with the generation of steam from that boiler, (b) in the case of a steam receiver, be construed as including a reference to working in connection with the use of steam in that receiver, and (c) in the case of an air receiver, be construed as including a reference to working in connection with the use of compressed air in that receiver. Hoists and lifts. 33.—(1) Every hoist or lift shall be of good mechanical construction, sound material and adequate strength, and be properly maintained. (2) Every hoist or lift shall be thoroughly examined by a competent person at least once in every period of six months, and a report of the result of every such examination in the prescribed form and containing the prescribed particulars shall be signed by the person making the examination and shall within fourteen days be entered in or attached to the general register. (3) Every hoistway or liftway shall be efficiently protected by a substantial enclosure fitted with gates, being such an enclosure as to prevent, when the gates are shut, any person falling down the way or coming into contract with any moving part of the hoist or lift. (4) Any such gate as is referred to in subsection (3) of this section shall be fitted with efficient interlocking or other devices to secure that the gate cannot be opened except when the cage or platform is at the landing and that the cage or platform cannot be moved away from the landing until the gate is closed, but, in the case of a hoist or lift constructed or reconstructed before the passing of this Act which it is not reasonably practicable to fit with such devices as aforesaid, it shall be sufficient if the gate is provided with such arrangements as will secure the aforesaid objects so far as is reasonably practicable, and in any event is kept closed and fastened except when the cage or platform is at rest at the landing. (5) Every hoist or lift and every such enclosure as is referred to in subsection (3) of this section shall be so constructed as to prevent any part of any person or any goods carried in the hoist or lift being trapped between any part of the hoist or lift and any fixed structure or between the counterbalance weight and any other moving part of the hoist or lift. (6) There shall be marked conspicuously on every hoist or lift the maximum working load which it can safely carry and no load greater than that load shall be carried on any hoist or lift. (7) The following additional requirements shall apply to hoists and lifts used for carrying persons, whether together with goods or otherwise:— (a) efficient automatic devices shall be provided and maintained to prevent the cage or platform overrunning, (b) every cage shall on each side from which access is afforded to a landing, be fitted with a gate, and in connection with every such gate efficient devices shall be provided to secure that, when persons or goods are in the cage, the cage cannot be raised or lowered unless the gate is closed, and will come to rest when the gate is opened, but, in the case of a hoist or lift constructed or reconstructed before the passing of this Act in connection with which it is not reasonably practicable to provide such devices as aforesaid, it shall be sufficient if such arrangements are provided as will secure the aforesaid objects so far as is reasonably practicable, and in any event the gate is kept closed and fastened except when the cage is at rest or empty, (c) in the case of a hoist or lift constructed or reconstructed after the passing of this Act, where the platform or cage is suspended by rope or chain, there shall be at least two ropes or chains separately connected with the platform or cage, each rope or chain and its attachments being capable of carrying the whole weight of the platform or cage and its maximum working load, and efficient devices shall be provided and maintained which will support the platform or cage with its maximum working load in the event of a breakage of the ropes or chains or any of their attachments. (8) In the case of a continuous hoist or lift, subsections (3) to (7) of this section shall not apply and in the case of a hoist or lift not connected with mechanical power subsections (4) and (7) of this section shall not apply, and in both the aforesaid cases, in subsection (2) of this section for the reference to six months there shall be substituted a reference to twelve months. (9) Where a hoistway or liftway is required by subsection (3) of this section to be protected by an enclosure fitted with gates but, because the hoist or lift is not connected with mechanical power, subsection (4) of this section does not apply, any such gate shall be kept closed and fastened except when the cage or platform is at rest at the landing. (10) In the case of a hoist or lift which does not comply with the requirements specified in subsection (7) of this section (not being a continuous hoist or lift or a hoist or lift not connected with mechanical power), there shall be marked conspicuously on the hoist or lift a notification that it is not to be used for carrying persons. (11) For the purposes of this section, a lifting machine or appliance shall be deemed not to be a hoist or lift unless it has a platform or cage the direction of movement of which is restricted by a guide or guides. (12) Every teagle opening or similar doorway 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 of the opening or doorway. 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 or doorway, be kept in position. (13) If it is shown to the satisfaction of the Minister that it would be unreasonable in the special circumstances of the case to enforce any requirement of this section in respect of any class or description of hoist, lift, hoistway, liftway, or teagle opening or similar doorway, he may by order direct that such requirement shall not apply as respects that class or description. Chains, ropes and lifting tackle. 34.—(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) a chain, rope or lifting tackle shall not be used unless it is of good construction, sound material, adequate strength and free from patent defect; (b) 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 kept posted in the store in which the chains, ropes or lifting tackle are kept, and in prominent positions on the premises, and any chain, rope or lifting tackle not shown in the table shall not be used, so, however, that the foregoing provisions of this paragraph shall not apply in relation to any lifting tackle if the safe working load thereof or, in the case of a multiple sling, the safe working load at different angles of the legs is plainly marked upon it; (c) a chain, rope or lifting tackle shall not be used for any load exceeding the safe working load thereof as shown by the table aforesaid or marked upon it as aforesaid; (d) all chains, ropes and lifting tackle in use shall be thoroughly examined by a competent person at least once in every period of six months or at such greater intervals as the Minister may prescribe; (e) a chain, rope or lifting tackle, except a fibre rope or fibre rope sling, shall not be taken into use in any factory for the first time in that factory unless it has been tested and thoroughly examined by a competent person and a certificate of such a 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 Minister 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 heat treatment (other than annealing) approved by him, be annealed at least once in every fourteen months, or, in the case of chains or slings of half-inch bar or smaller, or chains used in connection with molten metal or molten slag, in every six months, so, however, that chains and lifting tackle not in regular use need be annealed only when necessary; (g) a register containing the prescribed particulars shall be kept with respect to all such chains, ropes or lifting tackle, except fibre rope slings. (2) If the Minister is not satisfied as to the competency of the person employed to make any examination under this section or as to the thoroughness of the examination, he may require a re-examination by a person nominated by him, and the occupier shall give the necessary facilities for such re-examination. (3) In this section “lifting tackle” means chain slings, rope slings, rings, hooks, shackles and swivels. Cranes and other lifting machines. 35.—(1) All parts and working gear whether fixed or movable, including the anchoring and fixing appliances, of every lifting machine shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained. (2) All such parts and gear as are specified in subsection (1) of this section shall be thoroughly examined by a competent person at least once in every period of fourteen months and a register shall be kept containing the prescribed particulars of every such examination. (3) All rails on which a travelling crane moves and every track on which the carriage of a transporter or runway moves shall be of proper size and adequate strength an …