H.M. Chief Inspector ofARTHUR WHITELEGGE,
FactoriesEsq., M.D.,
Home Office, London, S. W.
Certifying Surgeon
Certain provisions of the Factory and Workshop Act, including those which are stated below, apply as if any premises on which machinery worked by mechanical power is temporarily used in the construction of a building, or in structural work in connection with a building, were a factory, and as if the purpose for which the machinery is used were a manufacturing process. For the purpose of the enforcement of those provisions, the person so using (by himself, his agents, or workmen) any such machinery is deemed to be the occupier of a factory.
In the case of buildings over 30 feet in height, which are being constructed or repaired by means of scaffolding, paragraphs 4 and 6 apply in like manner, whether machinery be used or not; and for the purpose of their enforcement the employer of the persons engaged in the construction or repair is deemed to be the occupier of a factory.
The provisions stated below apply also to any private line or siding used in connection with a building in course of construction or repair as above.
| Dangerous Machinery or Plant. | 1.—If any part of the ways, works, machinery, or plant (including a steam boiler) is in such condition that it cannot be used without danger to life or limb, a Court of Summary Jurisdiction may, on complaint of an Inspector, make an order prohibiting it from being used, absolutely or until it is duly repaired or altered. |
| Dangerous Processes. | 2.—If any machinery, plant, process, or description of manual labour is dangerous or injurious to health, or dangerous to life or limb, regulations may be made by the Secretary of State. |
| Steam Boilers. | 3.—Every steam boiler must (a) be maintained in proper condition, and (b) have a proper safety-valve, steam-gauge, and water-gauge, all maintained in proper condition, and (c) be thoroughly examined by a competent person every 14 months. A signed report of the result of the examination must be entered within 14 days in a Register to be kept for the purpose in the premises (Form 73[7]). |
| Accidents. | [7])4.—When there occurs in the premises any accident which causes to
a person employed therein such injury as to prevent him on any one
of the three working days next after the occurrence of the accident
from being employed for five hours on his ordinary work, written
Notice (Form 43[7]) must be sent forthwith to H.M. Inspector for the
district. 5.—Every such accident must also be entered in a Register to be kept for the purpose in the premises (Form 73[7]). 6.—If the accident is fatal, or is produced by machinery moved by power, or by a vat or pan containing hot liquid, or by explosion, or by escape of gas or steam, written Notice (Form 43[7]) must also be sent forthwith to the Certifying Surgeon for the district. |
| Returns. | 7.—If so required by the Secretary of State, a return of the persons employed must be sent to H.M. Chief Inspector of Factories at such times and with such particulars as may be directed. |
| Powers of Inspectors. | 8.—H.M. Inspectors have power to inspect every part of the premises by day or by night. They may require the production of registers, certificates, and other papers. They may examine any person found in the premises either alone or in the presence of any other person as they think fit, and may require him to sign a declaration of the truth of the matters about which he is examined. They may also exercise such other powers as may be necessary for carrying the Act into effect. Every person obstructing an Inspector, or refusing to answer his questions, is liable to a penalty. |
The limiting height of 30 feet has been inserted for the reason, apparently, that it was not considered desirable to bring those minor accidents which might reasonably be expected to occur on the smaller buildings into notice.
NOTICE OF ACCIDENTS ACT, 1906
Certain provisions of the Factory and Workshop Act, 1901, have recently been repealed, viz. Sec. 19, which deals with the notification of accidents. The repealing Act, and which contains clauses replacing the section, is known as Notice of Accidents Act, 1906, which came into operation on the first day of January 1907. The fourth section, which applies to buildings, reads as follows:—