The exception is important, and observes attention, because it indicates a possible line of reform. “In a factory a young person under the age of sixteen, or a child, must not be employed ... unless the occupier of the factory has obtained a certificate, in the prescribed form, of the fitness of the young person or child for employment in that factory. When a child becomes a young person, a fresh certificate of fitness must be obtained.”[73] A certifying surgeon is appointed for each district. “He must certify that the person named in the certificate is of the age therein specified, and has been personally examined by him, and is not incapacitated by disease or bodily infirmity for working daily for the time allowed by law in the factory.”[74] “The certificate may be qualified by conditions as to the work on which a child or young person is fit to be employed,” and the employer must observe such conditions.[75] The surgeon has power to examine any process in which the child or young person is employed.[76] A factory inspector who is of opinion that any young person or child is unsuited on the ground of health for the employment on which he is engaged may order his dismissal, unless the certifying surgeon, after examination, shall again certify him as fit.[77]
This provision only applies to young persons under the age of sixteen, and to children. It does not, moreover, apply to workshops. In the case of workshops, the employer may obtain, if he thinks fit, a certificate from the certifying surgeon.[78] The Secretary of State has, however, power to extend the regulation to certain classes of workshops, if he considers the extension desirable.[79]
In these cases, and these cases alone, is it necessary to call in the doctor to certify the physical fitness of the boy for the employment in which he is engaged. But under the Employment of Children Act, 1903, taken in conjunction with the Education (Administrative Provisions) Act, 1907, it is possible to extend considerably the system of medical tests. Under the first of these Acts, which applies to children under the age of fourteen—
“Sect. 3 (4). A child shall not be employed to lift, carry, or move anything so heavy as to be likely to cause injury to the child.
“(5) A child shall not be employed in any occupation likely to be injurious to his life, limb, health, or education, regard being had to his physical condition.
“(6) If the local authority send a certificate to the employer saying that certain employment will injure the child, the certificate shall be admissible as evidence in any subsequent proceedings against the employer in respect of the employment of the child.”
If the child has left school—and under certain conditions a child can leave school at the age of twelve—it is not easy to see how the local authority can enforce these provisions. But with children attending school, whole or part time, circumstances are different. Medical inspection of school-children is now compulsory, and it is within the power of the education authority to inspect any such children.[80] They are therefore at liberty to examine any children known to be at work, and any certificate of “unfitness” sent to an employer would probably be effective.
Further, under the Employment of Children Act, Sects. 1 and 2, a local authority may make by-laws permitting, subject to conditions, the employment of children under the age of fourteen in any specified occupation; and in the case of “street trading” the age is extended to sixteen. It would be possible therefore, subject to the approval of the Secretary of State, to make by-laws requiring a medical certificate of fitness in certain forms of occupation in which children under the age of fourteen are engaged.
§ 2. STATE ENTERPRISE.