:: INFORMATION TECHNOLOGY & COMPUTING SERVICES
:: ORGANISATION CHART
:: BUSINESS & SYSTEMS DEVELOPMENT
:: INFRASTRUCTURE
:: QUALITY ASSURANCE & PROJECT MANAGEMENT
:: TRAINING
:: PUBLICATIONS
:: FORMS
:: GOVERNMENT SITES
:: SENIOR EXECUTIVES OF GOVERNMENT
"Sandeshni and Joshua".

» 20 Year Indigenous Development Plan
» Strategic Development Plan 2003 - 2005
» Project Gutenberg
» World Summit on the Information Society
» Laws of Fiji
» Suva City Council Internet Launch Photo Gallery
» GSS - Navigational Aids
» IT Firms

LAWS OF FIJI

RETURN TO LAWS

BACK

CHAPTER 99
FACTORIES ACT
_______
ARRANGEMENT OF SECTIONS
_______
PART I – PRELIMINARY

SECTION
1 Short title
PART II – INTERPRETATION AND APPLICATION
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
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
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
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
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
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
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
SAFFTY AND HFATTH
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
*[lst 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—
  1. "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:—
      1. the making of any article or of part of any article; or
      2. the altering, repairing, ornamenting, finishing, cleaning or washing, or the breaking up or demolition of an article; or
      3. the adapting for sale of any article,
  2. 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
  3. "factory" also includes the following premises in which persons are employed in manual labour:—
      1. any yard or any dock, including the precincts thereof, in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken up;
      2. 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;
      3. 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;
      4. any premises in which the business of booking, plaiting, lapping, making-up or packing of yarn or cloth is carried on;
      5. any laundry or kitchen carried on as an ancillary to another business or incidentally to the purposes of any public institution;
      6. 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;
* Sections 42 (1) (d) and (h), section 43 (1) and section 44 (2) and (3) in force 1st July, 1976.

    1. 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;
    2. (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;
    3. any premises in which the business of making or mending nets is carried on incidental to the fishing industry;
    4. 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;
    5. any premises in which the production of cinematograph films is carried on by way of trade or for purposes of gain;
    6. 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;
    7. (xiii) any waterworks or other premises in which mechanical power is used for the purposes of or in connexion with a public water supply;
    8. any sewerage works in which mechanical power is used and any pumping station used in connexion with any sewerage works;
    9. any irrigation works in which mechanical power is used and any pumping station used in connexion with any irrigation works;
    10. 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 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 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 workplace were the occupier of the factory and the persons working therein were persons employed in the factory.
(5) 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 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—
  1. 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
  2. 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—
  1. 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
  2. any fixed vessel for containing compressed air or compressed exhaust gases and used for the purpose of starting an internal combustion engine; or
  3. 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
  4. 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 tackle" means chain slings, rope slings, rings, hooks, shackles and swivels;
"local authority" means a local authority constituted under the Public Health Act;
(Cap. 111)
"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;
(Cap. 146.)
"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 receiver;
"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; ( Cap. 147.)
"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 atmosphere 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 engineering 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 named in the order exempt from the application of this Act any factory or any building operations or works of 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 or 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 by 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 paragraphs (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—
  1. the provisions of Parts I, II, V, VII, VIII and IX;
  2. 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;
  3. 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 provisions mentioned in subsection (1), the Minister may make regulations concerning the construction or use of any structure, framework, swinging stage, suspended scaffold, boatswain's chair or timbering of excavations used 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 of this Act and of regulations or the approved abstract of such regulations to be kept posted up on the premises 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 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 (1)—
  1. no dirt, refuse or trade waste shall be allowed to accumulate except in proper receptacles;
  2. 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—
  1. 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;
  2. 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 repainted 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;
  3. in every other case, shall be whitewashed or colour-washed and the whitewashing or colour-washing 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, by 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 of 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 the 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 (1)—
  1. the illumination at the point where any person has regularly to work shall not be less than 160 lux;
  2. 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)—
  1. one suitable sanitary convenience shall be provided for every twenty females and any fraction of twenty shall be reckoned as twenty;
  2. 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 such proceedings for the punishment or remedying thereof as the local authority might have taken.
Washing facilities
17.—(1) 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) In any factory constructed or converted for use as a factory after the enactment of this Act the washing facilities referred to in subsection (1) 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—
  1. from a public main; or
  2. 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 be contained in suitable vessels and shall be renewed at least daily, and all practicable steps shall be taken to preserve the water and vessels from contamination.
(3) 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 be 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—
  1. 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
  2. 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 box 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 may 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 fume or other impurity of such a character as to such extent as to be likely to be injurious or offensive to the 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—
  1. provision is made for conducting the exhaust gases from the engine into the open air; and
  2. 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 person goes in the course of his employment safe access and passage and such access and passage and the place to which he goes or whether 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, 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 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 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 as specified in subsection (3), prominent warning notices shall be affixed at the approaches to the place where the material is situated.
(5) An 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—
  1. at least 455 mm wide; and
  2. 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 otherwise 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.
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 or liftway inside a building constructed after the commencement of this Act shall be completely enclosed with fire 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.
(6) The windows or other similar openings of every building which is, forms part of or comprises a factory which could afford a means of rescuing persons employed therein shall not be barred or otherwise secured as to prevent egress in an emergency while persons are employed in that building.
Prevention of fire
32. In every factory there shall be provided and maintained so as to be readily accessible, means for extinguishing fire which shall be adequate and suitable having regard to the circumstances of each case.

PART V—MACHINERY, PLANT AND EQUIPMENT
Construction and sale of machinery, plant or equipment
33.—(1) No machinery, plant or equipment shall be sold or let on hire after this Act has been in force for one year unless every part of that machinery, plant or equipment as supplied and sold for use in premises or on operations to which this Act applies, complies with the requirements of this Part or with any regulations made thereunder and shall comply with the approved standard.
(2) Any person who sells or lets on hire, or as agent of the seller or hirer causes or procures to be sold or let on hire, any machinery, plant or equipment which does not comply with the requirements of this section shall be guilty of an offence and liable on conviction to a fine of not less than forty dollars and not exceeding four hundred dollars.
Maintenance of machinery and apparatus
34. All parts and working gear whether fixed or movable, including the anchoring and fixing appliances, of all machinery and apparatus including lifting machines, used as or forming part of the equipment of any premises or operations to which this Act applies, and all foundations on or to which such appliances are anchored or fixed shall be of good construction, sound material, adequate strength, free from patent defect and shall be properly maintained, and shall where reasonably practicable comply with the approved standard.
Stability of machines
35. Unless any machine is inherently stable or arrangements are otherwise made to secure its stability, it shall be securely and properly affixed to a foundation or to the floor.
Dangerous machinery
36.—(1) In all premises and operations to which this Act applies every dangerous part of—
  1. any machinery used;
  2. any machinery in the course of installation;
  3. any machinery wherever it is in the course of assembly construction or test prior to its being taken into use for the first time; and
  4. any machinery being demonstrated or exhibited
shall be effectively guarded at all times when that part is moving and at all times when the part might be likely to endanger either the employed person operating the machine or any employed person.
(2) For the purpose of this section a moving part shall be regarded as dangerous—
  1. if it is dangerous by itself; or
  2. if it is dangerous in combination with any other part of the machine; or
  3. if it is dangerous in combination with any material in the machine.
(3) The provisions of subsection (1) shall not apply where the dangerous part is in such a position as to be as safe as [if] it were effectively guarded.
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:—
  1. no account shall be taken of any person carrying out, while that part of machinery is in motion, 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
  2. 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, 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 be guarded are moving, whatever the speed and whatever the purpose of movement except—
  1. to the extent that such parts are necessarily exposed and the motion is controlled by an inching device; or
  2. to the extent that the motion is by hand power and such power and such parts are necessarily exposed; and
  3. the machinery is isolated from any source of mechanical power; and
  4. 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 from 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:—
  1. 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;
  2. 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;
  3. 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);
  4. 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;
  5. 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;
  6. (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;
  7. every chain, rope and lifting tackle shall bear a distinguishing mark or number sufficient to identify it;
  8. 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 (1) 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.—(1) 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 runway moves shall be of proper size and adequate strength and have an even running surface and any such rails or track shall be properly laid, adequately supported or suspended and properly maintained.
(3) There shall be plainly marked on every lifting machine its safe working load or loads, except that in the case of a jib crane so constructed that the safe working load may be varied by the raising or lowering of the jib, there shall be attached thereto either an automatic indicator of safe working loads or a table indicating the safe working loads at corresponding inclinations of the jib or corresponding radii of the load.
(4) No lifting machine shall, except for the purpose of a test, be loaded beyond the safe working load as marked or indicated under subsection (3).
(5) No lifting machine shall be taken into use in any factory for the first time in that factory unless it has been tested and all such parts and working gear of the machine as are specified in subsection (1) have been thoroughly examined by or on behalf of the manufacturer and a certificate of the test and examination specifying the safe working load or loads of the machine and signed by the person making the test and examination has been obtained and is kept available for inspection.
(6) If any person is employed or working on or near the wheel-track of an overhead travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken by warning the driver of the crane or otherwise to ensure that the crane does not approach within 6 metres of that place.
(7) If any person is employed or working otherwise than mentioned in subsection (6) but in a place above floor level where he would be liable to be struck by an overhead travelling crane, or by any load carried by such a crane, effective measure shall be taken to warn him of the approach of the crane, unless his work is so connected with or dependent on the movements of the crane as to make a warning unnecessary.
(8) Every crane, crab and winch shall be provided with an efficient brake or brakes or other safety device which will prevent the fall of the load when suspended, and by which the load can be effectively controlled whilst being lowered.
(9) On every lifting machine every lever, handle, switch or other device provided for controlling the operation of any part of the machine being a lever, handle, switch or other device whose accidental movement or displacement is liable to cause danger, shall, where practicable be provided with a suitable spring or other locking arrangement to prevent the accidental movement or displacement.
(10) Every lever, handle, switch or other device provided for controlling the operation of any part of a lifting machine shall have upon or adjacent to it clear markings to indicate its purpose and mode of operation.
(11) On every crane having a derricking jib operated through a clutch there shall be provided and properly maintained an effective interlocking arrangement between the derricking clutch and the pawl sustaining the derricking drum which shall ensure that the clutch cannot be disengaged until the pawl is in effective engagement with the derricking drum and the pawl cannot be disengaged unless the clutch is in effective engagement with the derricking drum:
Provided that nothing in this subsection shall apply where—
  1. the hoisting drum and the derricking drum are independently driven; or
  2. the mechansim driving the derricking drum is self locking. (12) (a) The jib of a Scotch derrick crane shall not be erected between the back stays of the crane.
  3. No load which lies in the angle between the back stays of a Scotch derrick crane shall be moved by the crane.
  4. Appropriate measures shall be taken to prevent the foot of the king post of every Scotch derrick crane from being lifted out of its socket or support whilst in use.
(13) All parts and working gear, whether fixed or movable including the anchoring and fixing appliances of every lifting machine, shall be inspected at least once every week by the driver, if competent for the purpose, or other competent person and a report of the results of every such inspection, signed by the person carrying out the inspection, shall be made forthwith in the approved form and containing the approved particulars.
(14) A crane, crab or winch shall not be operated by a person under seventeen years of age nor shall such a person give signals to the operator of any such crane, crab or winch.
Hoists and lifts
44.—(1) Every hoist or lift shall be of good mechanical construction, sound material and adequate strength, and shall be properly maintained.
(2) Every hoist or lift shall be thoroughly examined by an authorised person at least once in every period of six months and a report of the result of every such examination in the approved form and containing the approved particulars shall be signed by the person making the examination and shall within twenty-eight days be entered in or attached to the general register.
(3) Where the examination shows that the hoist or lift cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time, the person making the report shall with twenty-eight days of the completion of the examination send a copy of the report to the chief inspector.
(4) Every hoistway or liftway shall be efficiently protected by a substantial enclosure fitted with gates, and the enclosure shall be such as to prevent, when the gates are shut, any person falling down the way or coming into contact with any moving part of the hoist or lift.
(5) Any such gate 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.
(6) Every hoist or lift and every such enclosure as is mentioned in subsection (4) shall be so constructed as to prevent any part of any person or any goods carried in the hoist or lift from 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.
(7) 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 shall be carried on any hoist or lift.
Passenger hoists
45. No person shall be carried by a hoist or lift unless it is provided with a cage and—
  1. efficient automatic devices are provided and maintained to prevent the cage over-running;
  2. 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.
Steam boilers attachments and construction
46.—(1) Subject to the provisions of subsection (3), every steam boiler, whether separate or one of a range—
  1. shall have attached to it the devices mentioned in subsection (2);
  2. shall be provided with means for attaching a test pressure gauge; and
  3. shall, unless externally fired, be provided with a suitable fusible plug or an efficient low water alarm device, and where reasonably practicable both a suitable fusible plug and an efficient low water alarm shall be provided.
(2) The devices referred to in subsection (1) are—
  1. a suitable safety valve separate from any stop valve, which shall be so adjusted as to prevent the. boiler being worked at a pressure greater than the maximum permissible working pressure and shall be fixed directly to, or as close as practicable to, the boiler;
  2. a suitable stop valve connecting the boiler to the steam pipe
  3. a correct steam pressure gauge-connected to the steam space and easily visible by the boiler attendant which shall indicate the pressure of steam in the boiler and have marked on it in a distinctive colour the maximum permissible working pressure, such marking to be on the dial face;
  4. at least one water gauge of transparent material or other type approved by the chief inspector to show the water level in the boiler and if the gauge is of the glass tubular type it shall have an efficient guard so provided so as not to obstruct the reading of the gauge;
  5. where the boiler is one of two or more boilers, a plate bearing a distinctive number which shall be easily visible.
(3) Paragraph (b) of subsection (2) shall not apply to economisers and paragraph (c), (d) and (e) of that subsection and paragraph (b) and (c) of subsection (1) shall not apply to either economisers or superheaters.
(4) For the purposes of the foregoing provisions of this section a lever-valve shall not be deemed a suitable safety valve unless the weight is secured on the lever in the correct position.
(5) Every part of every steam boiler shall be of good construction, sound material and adequate strength and free from patent defect, and where reasonably practicable comply with an approved standard.
Steam boilers—maintenance, examinations and use
47.—(1) Every steam boiler and all its fittings and attachments shall be properly maintained.
(2) A steam boiler shall not be used in any factory or in any other place to which this Act applies unless it has been examined together with its fittings and attachments by an authorised person in such manner as the Minister may by order prescribe and no greater period than may be so prescribed has elapsed since the examination.
(3) A steam boiler, together with its fittings and attachments shall not be used after repairs have been carried out until an examination has been made in such manner as the Minister may by order prescribe and where such repairs are carried out to a steam boiler after it has been examined under subsection (2) then notwithstanding that the period set out in the order has not expired, the steam boiler shall not be used in any factory or in any other place to which this Act applies until the examination set out in the order has been made.
(4) A report of the result of every examination under this section in the approved form and containing the approved particulars (including the maximum permissible working pressure) shall as soon as practicable and in any case within twenty-eight days, after the completion of the examination be entered in or attached to the general register and the report shall be signed by the person making the examination, and if that person is an inspector of a boiler-inspecting company or association countersigned by the chief engineer of the company or association or by such other responsible officer of the company or association as may be authorised in writing in that behalf of the chief engineer.
(5) No new steam boiler shall be taken into use unless there has been obtained from the manufacturer of the boiler or from a boiler-inspecting company or association a certificate specifying its maximum permissible working pressure and stating the nature of the tests to which the boiler and fittings have been submitted, and the certificate is kept available for inspection and the boiler is so marked as to enable it to be identified as the boiler to which the certificate relates.
(6) Where the report of any examination under this section specifies conditions for securing the safe working of a steam boiler, the boiler shall not be used except in accordance with these conditions.
(7) The person making the report of an examination under this section, or in the case of a boiler-inspecting company or association, the chief engineer thereof, shall within twenty-eight days after the completion of the examination send to the chief inspector a copy of the report in every case where the maximum permissible working pressure is reduced, or the examination shows that the boiler cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified period.
(8) If the person employed to make any such examination fails to make a thorough examination as required by this section or makes a report which is false or deficient in any material particulars, or if the chief engineer of any boiler-inspecting company or association permits any such report to be made, he shall be guilty of an offence and liable to a fine of not less than forty dollars and not exceeding two hundred dollars and if any such person or chief engineer fails to send to the chief inspector a copy of any report as required by subsection (7) he shall be guilty of an offence.
(9) If the chief inspector is not satisfied as to the thoroughness of the examination, he may require the boiler to be re-examined by a person nominated by him, and the occupier shall give the necessary facilities for the re-examination.
(10) If as a result of the re-examination it appears that the report of the examination was inadequate or inaccurate in any material particular, the report of the re-examination purporting to be signed by the person making it shall be admissible in evidence of the facts stated therein.
Steam boilers—restrictions on entry
48. No person shall enter or be in any steam boiler which is one of a range of two or more steam boilers unless—
  1. all inlets through which steam or hot water might otherwise enter the boiler from any other part of the range are disconnected from that part; or
  2. all valves or taps controlling the entry of steam or hot water are closed and securely locked, and, where the boiler has a blow-off pipe in common with one or more other boilers or delivering into a common blow-off vessel or sump, the blow-off valve or tap on each such boiler is so constructed that it can only be opened by a key which cannot be removed until the valve or tap is closed and is the only key in use for that set of blow-off valves or taps.
Steam receivers and steam containers
49.—(1) Every steam receiver not so constructed and maintained as to withstand with safety the maximum permissible working pressure of the boiler or the maximum pressure which can be obtained in the pipe connecting the receiver with any other source of supply, shall be fitted with—
  1. a suitable reducing valve or other suitable automatic appliance to
  2. prevent the safe working pressure being exceeded;
  3. (b) a suitable safety valve so adjusted as to permit the steam to escape as soon as the safe working pressure is exceeded, or a suitable appliance for cutting off automatically the supply of steam as soon as the safe working pressure is exceeded; and
  4. a correct steam pressure gauge, which must indicate the pressure of steam in the receiver and have marked on it in a distinctive colour the safe working pressure, such marking to be on the dial face;
  5. a suitable stop valve; and
  6. except where only one steam receiver is in use, a plate bearing a distinctive number which shall be easily visible.
(2) The safety valve and pressure gauge shall be fitted either on the steam receiver or on the supply pipe between the receiver and the reducing valve or other appliance to prevent the safe working pressure being exceeded.
(3) Where any set of receivers is supplied with steam through a single pipe and the reducing valve or other appliance required by paragraph (a) of subsection (1) is fitted at that pipe, the set shall be treated as one receiver for the purposes of paragraphs (a) to (c) of subsection (1) and for the purposes of subsection (2) if the set forms part of a single machine also for the purposes of paragraph (d) of subsection (1).
(4) Every part of every steam receiver shall be of good construction, sound material, adequate strength and free from patent defect, and comply with the approved standard where reasonably practicable.
(5) Every steam receiver and its fittings shall be properly maintained and shall be thoroughly examined by an authorised person, so far as the construction of the receiver permits, at least once in every period of twenty-six months.
(6) A report of the result of every such examination containing the approved particulars (including particulars of the safe working pressure) shall be entered in or attached to the general register.
(7) Where the examination shows that the steam receiver or its fittings 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.
(8) If the person employed to make any such examination fails to make a thorough examination as required by this section or makes a report which is false or deficient in any material particular, or if the chief engineer of any inspecting company or association permits any such report to be made, he shall be guilty of an offence and liable to a fine of not less than forty dollars and not exceeding two hundred dollars and if any such person or chief engineer fails to send to the chief inspector a copy of any report as required by subsection (7) he shall be guilty of an offence.
(9) If the chief inspector is not satisfied as to the thoroughness of the examination, he may require the receiver to be re-examined by a person nominated by him, and the occupier shall give the necessary facilities for the re-examination.
(10) If as a result of the re-examination it appears that the report of the examination was inadequate or inaccurate in any material particular, the report of the re-examination purporting to be signed by the person making it shall be admissible in evidence of the facts stated therein.
(11) Every steam container shall be so maintained as to ensure that the outlet is at all times kept open and free from obstruction.
Air receivers
50.—(1) Every air receiver—
  1. shall have marked on it so as to be plainly visible the safe working pressure; and
  2. if it is connected with an air compressing plant shall either be so constructed as to withstand with safety the maximum pressure that can be obtained in the compressor, or be fitted with a suitable reducing valve or other suitable appliance to prevent the safe working pressure of the receiver being exceeded; and
  3. shall be fitted with a suitable safety valve so adjusted as to permit the air to escape as soon as the safe working pressure is exceeded; and
  4. shall be fitted with a correct pressure gauge indicating the pressure in the receiver and have marked on it in a distinctive colour the safe working pressure, such marking to be on the dial face; and
  5. shall be fitted with a suitable appliance for draining the receiver; and
  6. shall be provided with a suitable manhole, handhole, or other means which will allow the interior to be thoroughly cleaned; and
  7. in a case where more than one receiver is in use in the factory, shall bear a distinguishing mark which shall be easily visible.
(2) For the purpose of the provisions of subsection (1) relating to safety valves and pressure gauges any set of air receivers supplied with air through a single pipe may be treated as one receiver but, where a suitable reducing valve or other suitable appliance to prevent the safe working pressure being exceeded is required to be fitted, only if the valve or appliance is fitted on that pipe.
(3) Every air receiver and its fittings shall be of good construction, sound material, adequate strength and free from patent defect, and where reasonably practicable comply with an approved standard.
(4) Every air receiver and its fittings shall be properly maintained and shall be thoroughly cleaned and examined by an authorised person at least once in every period of twenty-six months, except that in the case of a receiver of solid drawn construction—
  1. the person making any such examination may specify in writing a period exceeding twenty-six months but not exceeding four years within which the next examination is to be made; and
  2. if it is so constructed that the internal surface cannot be thoroughly examined a suitable hydraulic test of the receiver shall be carried out in lieu of internal examination.
(5) A report of the result of every such examination containing the approved particulars (including particulars of the safe working pressure) shall be entered in or attached to the general register.
(6) Where the examination shows that the air receiver or its fittings 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.
(7) If the person employed to make any such examination fails to make a thorough examination as required by this section or makes a report which is false or deficient in any material particular, or if the chief engineer of any inspecting company or association permits any such report to be made, he shall be guilty of an offence and liable to a fine of not less than forty dollars and not exceeding two hundred dollars and if any such person or chief engineer fails to send to the chief inspector a copy of any report as required by subsection (6) he shall be guilty of an offence.
(8) If the chief inspector is not satisfied as to the thoroughness of the examination, he may require the receiver to be re-examined by a person nominated by him, and the occupier shall give the necessary facilities for the re-examination.
(9) If as a result of the re-examination it appears that the report of the examination was inadequate or inaccurate in any material particular, the report of the re-examination purporting to be signed by the person making it shall be admissible in evidence of the facts stated therein.
Exceptions as to steam boilers, steam receivers and containers and air receivers
51.—(1) The chief inspector may by certificate except from all or any of the provisions of section 46 to 50 any class or type of steam boiler, steam receiver, steam container or air receiver to which he is satisfied that the provisions cannot reasonably be applied.
(2) Any such exception may be unqualified or may be subject to such conditions as may be contained in the certificate.
(3) Nothing in sections 46 to 48 inclusive shall apply to the boiler of any ship if subject to periodic examination under any other written law.
Fees
52. The fees to be paid for the examinations required under sections 42, 43, 44, 47, 49 and 50 shall be such amounts as may be specified by the Minister by order.
Gas cylinders and acetylene generators
53.—(1) All cylinders for compressed, liquefied and dissolved gases and all generators for the production of acetylene together with their fittings and attachments shall be of good construction, sound material, adequate strength and free from patent defect and shall be properly maintained.
(2) No cylinder which contains or has contained oxygen or any inflammable gas or vapour under pressure and no acetylene generating plant, shall be installed or placed with 4.5 metres of any substantial source of heat other than the burner or blow-pipe operated from the cylinder or plant.
(3) Any person attending or operating any such plant shall have been fully instructed in its working and a copy of the instructions of the maker for that type of plant shall be constantly available for his use.
(4) Partly spent calcium carbide shall not be recharged into an acetylene generator.
(5) No person shall smoke or strike a light or take a naked light or a lamp in or into any acetylene generator house or shed or in or into dangerous proximity to any acetylene generating plant.
(6) A prominent notice prohibiting smoking or naked lights shall be exhibited on or near every acetylene generating plant whilst it is charged or being charged or is being cleaned.

PART VI—PARTICULAR HAZARDS AND PARTICULAR CONDITIONS
Electricity
54.—(1) All electrical apparatus, fittings and conductors shall be sufficient in size and power for the work that they are called upon to do and so constructed, installed, protected, worked and maintained as to prevent danger so far as is reasonably practicable.
(2) Where any electrically charged overhead cable or apparatus is liable to be a source of danger to persons employed whether from the operation of a lifting machine or otherwise, all practicable precautions shall be taken to prevent such danger either by the provisions of adequate and suitably placed barriers or otherwise.
Precautions with respect to explosive or inflammable dust, gas, vapour or substance
55.—(1) Where, in connection with any grinding, sieving or other process giving rise to dust, there may escape dust of such a character and to such an extent as to be liable to explode on ignition, all practicable steps shall be taken to prevent such an explosion by enclosure of the plant used in the process, and by removal or prevention of accumulation of any dust that may escape in spite of the enclosure, and by exclusion or effective enclosure of possible sources of ignition.
(2) Where there is present in any plant used in any such process as aforesaid, dust of such a character and to such an extent as to be liable to explode on ignition, then, unless the plant is so constructed as to withstand the pressure likely to be produced by any such explosion, all practicable steps shall be taken to restrict the spread and effects of such an explosion by the provision, in connection with the plant, of chokes, baffles and vents, or other equally effective appliances.
(3) Where any part of a plant contains any explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened, except in accordance with the following provisions:—
  1. before the fastening of any joint of any pipe connected with the part of the plant or the fastening of the cover of any opening into the part is loosened, any flow of the gas or vapour into the part or into any such pipe shall be effectively stopped by a stop-valve or otherwise;
  2. before any such fastening is removed, all practicable steps shall be taken to reduce the pressure of the gas or vapour in the pipe or part of the plant to atmospheric pressure;
and if any such fastening has been loosened or removed, no explosive or inflammable gas or vapour shall be allowed to enter the pipe or part of the plant until the fastening has been secured or, as the case may be, securely replaced; but nothing in this subsection applies to a plant installed in the open air.
(4) No plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected—
  1. to any welding, brazing or soldering operation;
  2. to any cutting operation which involves the application of heat; or
  3. to any operation involving the application of heat for the purpose of taking apart or removing the plant, tank or vessel or any part thereof;
until all practicable steps have been taken to remove the substance and any fumes arising from it, or to render them non-explosive or non-inflammable; and if any plant, tank or vessel has been subjected to any such operation, no explosive or inflammable substance shall be allowed to enter the plant tank or vessel until the metal has cooled sufficiently to prevent any risk of igniting the substance.
(5) The chief inspector may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of subsections (3) and (4) in any case where he is satisfied that compliance with such requirements is unnecessary or impracticable.
Dangerous fumes and lack of oxygen
56.—(1) The provisions of subsections (2) to (8) inclusive shall have effect where work in any factory has to be done inside any chamber, tank vat, pit, pipe, flue or similar confined space, in which dangerous fumes are liable to be present to such an extent as to involve risk of persons being overcome thereby.
(2) The confined space shall, unless there is other adequate means of egress, be provided with a manhole, which may be rectangular, oval or circular in shape, and shall be not less than 455 mm long and 405 mm wide, or, if circular, not less than 455 mm in diameter, or in the case of tank wagons and other mobile plant, not less than 405 mm long and 355 mm wide or, if circular, not less than 405 mm in diameter.
(3) Subject to the provisions of subsection (4), no person shall enter or remain in such confined space for any purpose unless he is wearing a suitable breathing apparatus and has been authorised to enter by a responsible person and, where practicable, he is wearing a belt with a rope securely attached and a person keeping watch outside and capable of pulling him out is holding the free end of the rope.
(4) Where a confined space has been certified by a responsible person as being, for a specified period, safe for entry without breathing apparatus and the period so specified has not expired, the provisions of subsection (3) shall not apply but no person shall enter or remain in such space unless he has been warned when that period will expire.
(5) A confined space may not be certified under the provisions of subsection (4) unless—
  1. ) effective steps have been taken to prevent any egress of dangerous fumes; and
  2. any sludge or other deposit liable to give off dangerous fumes has been removed and the space contains no other material liable to give off dangerous fumes; and
  3. the space has been adequately ventilated and tested for dangerous fumes and has a supply of air adequate for respiration; but no account shall be taken for the purposes of paragraph (b) of any deposit or other material liable to give off dangerous fumes in insignificant quantities only.
(6) There shall be provided and kept readily available a sufficient supply of breathing apparatus of a type approved by the chief inspector, of belts and ropes, and of suitable reviving apparatus and oxygen, and the apparatus, belts and ropes shall be maintained and shall be thoroughly examined, at least once a month or at such other intervals as may be prescribed, by a competent person and a report on every such examination, signed by the person making the examination and containing the prescribed particulars, shall be kept available for inspection.
(7) A sufficient number of the persons employed shall be trained and practised in the use of the apparatus mentioned in subsection (6) and in a method of restoring respiration.
(8) The chief inspector may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of the foregoing provisions of this section in any case where he is satisfied that compliance with those requirements is unnecessary or impracticable.
(9) No person shall enter or remain in any confined space in which the proportion of oxygen in the air is liable to have been substantially reduced unless either—
  1. he is wearing a suitable breathing apparatus; or
  2. the space has been and remains adequately ventilated and a responsible person has tested and certified it safe for entry without breathing apparatus.
(10) No work shall be permitted in any boiler-furnace or boiler-flue until it has been sufficiently cooled by ventilation or otherwise to make work safe for the persons employed.
Prohibitions of use of white phosphorus in manufacture of matches
57.—(1) No person shall use white phosphorus in the manufacture of matches.
(2) For the purpose of this Part, "white phosphorus" means the substance usually known as white or yellow phosphorus.
Corrosive liquids
58. Where corrosive liquids are used there shall be provided for use in case of emergency—
  1. adequate and readily accessible means for drenching with water, employed persons who have become splashed with such liquids;
  2. sufficient and suitable means of flushing the eyes, conveniently situated and clearly indicated by a distinctive sign which is visible at all times.
Entry into spaces containing harmful liquids
59. No person shall enter a confined space where there is danger from harmful liquids, namely hot, scalding, corrosive, burning or toxic liquids or any other liquid liable to cause injury to health, unless effective steps have been taken by disconnection or isolation to prevent the entry of the harmful liquid into the confined space and the confined space has been made safe.
Lifting of heavy weights
60. A person shall not be employed to lift, carry or move any load so heavy as to be likely to cause injury to him.
Noise
61.—(1) Noise shall be reduced in any factory as far as is reasonably practicable.
(2) If it is not reasonably practicable to reduce the level of noise below 90 decibels, ear defenders shall be provided for all persons employed who are continuously exposed to noise levels above this figure.
Radiations and vibrations
62. No employed person shall be exposed to ionising radiations, lasers, microwaves, ultra-violet or infra-red light or ultrasonic vibrations more than is reasonably necessary for the purpose of his work.
Protecting of eyes
63. Suitable eye protection shall be provided for all employed persons where there are circumstances involving special danger to their eyes.
Laundries
64. In every laundry—
  1. effective steps shall be taken by means of a fan or otherwise to regulate the temperature in every ironing room and to carry away the steam in every washhouse;
  2. all stoves for heating irons shall be so separated from any ironing room or ironing table as to protect the workers from the heat thereof.

PART VII—NOTICES, RECORDS AND DUTIES
Notice of occupation
65.—(1) Subject to the provisions of subsection (3), every person who begins to occupy or to use any premises as a factory shall, not less than one month before he does so, serve on the chief inspector, a written notice stating the name of the occupier or the title of the firm, the postal address of the factory, the nature of the work, whether mechanical power is to be used, and, if so, its nature, the name of the local authority within whose area the factory is situated and such other particulars as may be prescribed.
(2) Subject to the provisions of subsection (3), not less than one month before the date on which mechanical power is first used in a factory, the occupier shall serve on the chief inspector a written notice stating the nature of the mechanical power.
(3) A person may begin to occupy, or to use any premises as a factory, and mechanical power may be first used in a factory, less than one month after the notice required by the foregoing provisions of this section has been served, if the chief inspector gives written permission and a person may also begin to occupy a factory less than one month after the notice has been served or before serving the notice, if he takes over from another person without changing the nature of the work and the notice is served as soon as practicable and any case within one month of his taking over.
(4) If a person begins to occupy, or to use any premises, as a factory before he is entitled to do so under the foregoing provisions of this section, or if a person entitled thereunder to occupy a factory before giving notice fails to give the required notice within the time allowed he shall be guilty of an offence and liable on conviction to a fine of not less than five dollars and not exceeding eighty dollars for the first day and not less than five dollars and not exceeding twenty dollars for each subsequent day during which he occupies the factory, or uses the premises as a factory as aforesaid or during which he fails to give the notice after the expiration of the time allowed, as the case may be.
Posting of abstract of Act
66.—(1) Subject to the provisions of subsection (2), there shall be kept posted at the principal entrances of a factory at which employed persons enter—
  1. the approved abstract of this Act;
  2. every notice and document required by this Act to be posted in the factory.
(2) An inspector may direct that all or any of the documents mentioned in subsection (1) shall be posted in such parts of the factory either in addition to or in substitution for the principal entrances, as he may direct.
(3) All such documents shall be posted in such characters and in such positions as to be conveniently read by the persons employed in the factory and, if a form has been prescribed for any document, it shall be posted in that form.
(4) If any person pulls down, injures or defaces any abstract, notice, regulations or other document posted in pursuance of this Act, he shall be guilty of an offence and liable to a fine of not less than five dollars and not exceeding twenty dollars.
Provisions as to regulations
67.—(1) Printed copies of all regulations for the time being in force in any factory or the approved abstract of such regulations shall be kept posted in the factory in such characters and in such positions as to be conveniently read by the persons employed in the factory.
(2) A printed copy of all such regulations shall be given by the occupier to any person affected thereby on his application.
General registers
68.—(1) There shall be kept in every factory or in such place outside the factory as may be approved by the chief inspector, a register in the prescribed form called the general register, and there shall be entered in or attached to that register—
  1. the prescribed particulars as to the washing, white-washing or colour washing, painting or varnishing, of the factory; and
  2. the prescribed particulars as to every accident and case of industrial disease occurring in the factory of which notice is required to be sent to the Permanent Secretary for Labour; and
  3. all reports and particulars required by any other provision of this Act to be entered in or attached to the general register; and
  4. such other matters as may be prescribed.
(2) Every occupier of a factory shall send to an inspector such extracts from the general register as the inspector may from time to time require for the purpose of the execution of his duties under this Act.
Preservation of registers and records
69. The general register and every other register or record kept in pursuance of this Act shall be preserved and shall be kept available for inspection by any inspector for at least two years or such other period as may be prescribed for any class or description of register or record after the date of the last entry in the register or record.
Duties of persons employed
70.—(1) No person employed in a factory or in any other place to which any of the provisions of this Act apply shall wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of this Act for securing the health, safety or welfare of the persons employed in such factory or place, and where any means or appliance for securing health or safety is provided for the use of any such person under this Act, he shall use the means or appliance.
(2) No person employed in a factory or in any other place to which any provisions of this Act apply shall wilfully and without reasonable cause do anything likely to endanger himself or others.
Registration of factories
71. The chief inspector shall keep a register of factories in which he shall cause to be entered such particulars as are required to be entered under this Act in relation to every factory as he may consider necessary or desirable.

PART VIII—ADMINISTRATION, OFFENCES, PENALTIES AND LEGAL
PROCEEDINGS
Appointment of inspectors
72.—(1) The chief inspector shall, subject to the directions of the Minister, be responsible for the administration of this Act.
(2) The Minister may appoint such inspectors, under whatever title he may from time to time determine and such other officers as he thinks necessary for the execution of this Act and may appoint a chief inspector, and may regulate the cases and manner in which the inspectors or any of them are to execute and perform the powers and duties of inspection under this Act and may remove such inspectors and other officers.
Powers of inspectors
73.—(1) An inspector shall, for the purpose of the carrying out of the provisions of this Act, have power—
  1. to take photographs;
  2. to enter, inspect and examine, by day or by night, a factory, and every part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter, inspect and examine by day, any place in which he has reasonable cause to believe that explosive or highly inflammable materials are stored or used;
  3. to take with him a police officer if he has reasonable cause to suspect the existence of any serious obstruction in the execution of his duty;
  4. to require the production of the registers, certificates, notices and documents, directed to be kept in pursuance of this Act and to inspect, examine and copy any of them;
  5. to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act are complied with, so far as respects a factory and any persons employed in a factory;
  6. to require any person whom he finds in a factory to give such information as it is in his power to give as to who is the occupier of the factory;
  7. to examine, either alone or in the presence of any other person as he thinks fit, with respect to matters under this Act, every person whom he finds in a factory or whom he has reasonable cause to believe to be or to have been within the preceding three months employed in a factory, and to require every such person to be so examined and to sign a declaration of the truth of the matters respecting which he is so examined so however, that no one shall be required under this provision to answer any question or to give any evidence tending to incriminate himself;
  8. in the case of an inspector who is a duly registered medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his duties under this Act;
  9. to exercise such other powers as may be necessary for carrying this Act into effect.
(2) An inspector if so authorised in writing by the Minister may, although he may not be a qualified barrister and solicitor, prosecute, conduct or defend in any legal proceedings arising under this Act or in the discharge of his duties as an inspector.
(3) Where the chief inspector is of the opinion that the employment of any child or young person in a factory or in any particular process or kind of work in factory is prejudicial to his health or the health of any other person, he may serve written notice thereof on the occupier of the factory requiring that the employment of that child or young person in the factory or in the process or kind of work, as the case may be, be discontinued after the period named therein, not being less than one nor more than seven days after the service of the notice and the occupier shall not continue after the period named in the notice to employ that child or young person, unless, after the service of the notice, the child or young person has been examined by a duly registered medical practitioner, and certified by him to be fit for employment in the factory or in the process or kind of work as the case may be.
(4) An inspector may at any time after informing the occupier or, if the occupier is not readily available a foreman or other person in charge in the factory, take sufficient samples of any substance or object used or intended to be used in a factory being a substance or object in respect of which he suspects a contravention of this Act has occurred, is occurring or is likely to occur or which he thinks in the case of a substance may prove on analysis to be likely to cause bodily injury to the persons employed.
(5) The occupier, the foreman or other such person aforesaid may, at the time when a sample of a substance is taken under the provisions of this section, and on providing the necessary appliances, require the inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits and—
  1. to deliver one part to the occupier, or the foreman or other responsible person aforesaid;
  2. to retain one part for future comparison;
  3. to submit one part to an analyst and any analysis under the provisions of this section shall, if so requested, be carried out by the Government Analyst.
(6) A certificate purporting to be a certificate by the Government Analyst as to the result of an analysis of a sample under this section shall in any proceedings under this Act be admissible as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness.
(7) It shall not be lawful for any person except in so far as is necessary for the purpose of a prosecution for an offence under this Act to publish or disclose to any person the results of any analysis made under this section, and if any person acts in contravention of the provisions of this subsection, he shall upon conviction be liable to a fine of not less than forty dollars and not exceeding four hundred dollars.
Certificates of appointment of inspector
74. Every inspector shall be furnished with a certificate of his appointment, and when visiting a factory or place to which any of the provisions of this Act apply shall, if required, produce the said certificate to the occupier of, or other person holding a responsible position of management at the factory.
Penalty for disclosure of trade secrets
75. If any person who, in pursuance of powers conferred by this Act enters or is admitted into any factory or place, discloses without the permission of the occupier, to any person, any information obtained by him in a factory or place with regard to any manufacturing process or trade secret, he shall, unless such disclosure was made in the performance of his duty, be guilty of an offence and liable to a fine of not less than forty dollars and not exceeding four hundred dollars.
Duty to furnish means for inspectors
76. The occupier of every factory, his agents and employees shall furnish the means required by an inspector as necessary for an entry, inspection, examination, inquiry, the taking of samples, or otherwise for the exercise of his powers under this Act in relation to that factory.
Issue and revocation of certificates
77. Any certificate issued under or for the purposes of this Act by the chief inspector may be issued for a limited period or without limit of period and may be varied or revoked by the chief inspector issuing the same, or any successor to him in office.
Power of chief inspector to make orders
78.—(1) If, in the opinion of the chief inspector, the use of any factory or any part thereof or of any machinery, plant, appliance or fitting therein or any process or work therein involves imminent danger of grave bodily injury, he may serve on the occupier of the factory an order in writing prohibiting the use thereof until such danger is removed to the satisfaction of the chief inspector.
(2) Any person aggrieved by an order as aforesaid may by complaint to a magistrate's court apply for the order to be set aside or varied and upon such application, the chief inspector shall be entitled to be heard and the order shall continue to have effect unless and until it is set aside or varied by the court.
(3) In the event of a failure of the occupier of any factory to comply with an order lawfully given under subsection (1), the occupier shall be guilty of an offence and upon conviction shall, without prejudice to any other penalty, be liable to a fine of not less than sixty dollars and not exceeding six hundred dollars.
Power of court to make orders
79.—(1) Where a magistrate's court is satisfied on complaint by an inspector that any premises which are or are part of or are intended to be used as a factory are in such condition or are so constructed or placed, that any process or work carried on therein, or intended to be carried on therein, cannot be so carried on with due regard to the safety, health and welfare of the persons employed, the court may by order prohibit the use thereof for the purpose of that process or work, and in the case of premises which are intended for use as a factory, the court may make such an order if satisfied on complaint by an inspector that the process or work cannot be carried on therein without contravention to this Act; but any such order may be revoked or varied on the application by way of complaint of the occupier or owner of the premises.
(2) Where a magistrate's court is satisfied on complaint by an inspector that the carrying on of any process or work may involve any risk of bodily injury, the court may, by order prohibit such process or work, either indefinitely, or until such steps have been taken as may be specified in that order to enable the process or work to be carried on with due regard to the safety, health and welfare of the persons employed, but any such order may be revoked or varied on the application by way of complaint of the occupier or owner of the premises.
(3) On any application for the revocation or variation of an order under the preceding subsections of this section, an inspector shall be entitled to be heard.
Offences, penalties and legal proceedings
80.—(1) In the event of any contravention in or in connection with or in relation to a factory of the provisions of this Act, the occupier or, if the contravention is one in respect of which the owner is by or under this Act made responsible, the owner, of the factory shall, subject as hereinafter in this Act provided, be guilty of an offence.
(2) In the event of a contravention by an employed person of the provisions of this Act with respect to duties of persons employed that person shall be guilty of an offence and the occupier or owner, as the case may be, shall not be guilty of an offence in respect of that contravention unless it is proved that he failed to take all reasonable steps to prevent the contravention, but this subsection shall not be taken as affecting any liability of the occupier or owner in respect of the same matters by virtue of some provision other than the provisions or provision aforesaid