The provisions as to the proposal, amendment and modification of “special rules,” last extended by the act of 1896, may be contrasted with those of the Factory Act. In the latter it is not until an industry or process has been scheduled Special rules. as dangerous or injurious by the secretary of state’s order that occasion arises for the formation of special rules, and then the initiative rests with the Factory Department whereas in mines it is incumbent in every case on the owner, agent or manager to propose within three months of the commencement of any working, for the approval of the secretary of state, special rules best calculated to prevent dangerous accidents, and to provide for the safety, convenience and proper discipline of the persons employed in or about the mine. These rules may, if they relate to lights and lamps used in the mine, description of explosives, watering and damping of the mine, or prevention of accidents from inflammable gas or coal dust, supersede any general rule in the principal act. Apart from the initiation of the rules, the methods of establishing them, whether by agreement or by resort to arbitration of the parties (i.e. the mine owners and the secretary of state), are practically the same as under the Factory Act, but there is special provision in the Mines Acts for enabling the persons working in the mine to transmit objections to the proposed rules, in addition to their subsequent right to be represented on the arbitration, if any.
Of the sections touching on wages questions, the prohibition of the payment of wages in public-houses remains unaltered, being re-enacted in 1887; the sections relating to payment by weight for amount of mineral gotten by persons employed, and for checkweighing the amount by a “checkweigher” stationed by the majority of workers at each place appointed for the weighing of the material, were revised, particularly as to the determination of deductions by the act of 1887, with a view to meeting some problems raised by decisions on cases under the act of 1872. The attempt seems not to have been wholly successful, the highest legal authorities having expressed conflicting opinions on the precise meaning of the terms “mineral contracted to be gotten.” The whole history of the development of this means of securing the fulfilment of wage contract to the workers may be compared with the history of the sections affording protection to piece-workers by particulars of work and wages in the textile trades since the Factory Act of 1891.
As regards legal proceedings, the chief amendments of the act of 1872 are: the extension of the provision that the “owner, agent, or manager” charged in respect of any contravention by another person might be sworn and examined as an Administration. ordinary witness, to any person charged with any offence under the act. The result of the proceedings against workmen by the owner, agent or manager in respect of an offence under the act is to be reported within twenty-one days to the inspector of the district. The powers of inspectors were extended to cover an inquiry as to the care and treatment of horses and other animals in the mine, and as to the control, management or direction of the mine by the manager.
An important act was passed in 1908 (Coal Mines Regulation Act 1908) limiting the hours of work for workmen below ground. It enacted that, subject to various provisions, a workman was not to be below ground in a mine for the purpose of his work, and of going to and from his work, for more than eight hours in any consecutive twenty-four hours. Exception was made in the case of those below ground for the purpose of rendering assistance in the event of an accident, or for meeting any danger, or for dealing with any emergency or work incompleted, through unforeseen circumstances, which requires to be dealt with to avoid serious interference in the work of the mine. The authorities of every mine must fix the times for the lowering and raising of the men to begin and be completed, and such times must be conspicuously posted at the pit head. These times must be approved by an inspector. The term “workman” in the act means any person employed in a mine below ground who is not an official of the mine (other than a fireman, examiner or deputy), or a mechanic or a horse keeper or a person engaged solely in surveying or measuring. In the case of a fireman, examiner, deputy, onsetter, pump minder, fanman or furnace man, the maximum period for which he may be below ground is nine hours and a half. A register must be kept by the authorities of the mine of the times of descent and ascent, while the workmen may, at their own cost, station persons (whether holding the office of checkweigher or not) at the pit head to observe the times. The authorities of the mine may extend the hours of working by one hour a day on not more than sixty days in one calendar year (s. 3). The act may be suspended by order in council in the event of war or of imminent national danger or great emergency, or in the event of any grave economic disturbance due to the demand for coal exceeding the supply available at any time. The act came into force on the 1st of July 1909 except for the counties of Northumberland and Durham where its operation was postponed until the 1st of January 1910.
In 1905 the number of coal-mines reported on was 3126, and the number of persons employed below ground was 691,112 of whom 43,443 were under 16 years of age. Above ground 167,261 were employed, of whom 6154 were women and girls. The number of separate fatal accidents was 1006, causing the loss of 1205 lives. Of prosecutions by far the greater number were against workmen, numbering in coal and metalliferous mines 953; owners and managers were prosecuted in 72 cases, and convictions obtained in 43 cases.
Quarries.—From 1878 until 1894 open quarries (as distinct from underground quarries regulated by the Metalliferous Mines Regulation Act) were regulated only by the Factory Acts so far as they then applied. It was laid down in section 93 of the act of 1878 (41 Vict. c. 16), that “any premises or place shall not be excluded from the definition of a factory or workshop by reason only that such premises, &c., are or is in the open air,” thereby overruling the decision in Kent v. Astley that quarries in which the work, as a whole, was carried on in the open air were not factories; in a schedule to the same act quarries were defined as “any place not being a mine in which persons work in getting slate, stone, coprolites or other minerals.” The Factory Act of 1891 made it possible to bring these places in part under “special rules” adapted to meet the special risks and dangers of the operations carried on in them, and by order of the secretary of state they were certified, December 1892, as dangerous, and thereby subject to special rules. Until then, as reported by one of the inspectors of factories, quarries had been placed under the Factory Acts without insertion of appropriate rules for their safe working, and many of them were “developed in a most dangerous manner without any regard for safety, but merely for economy,” and managers of many had “scarcely seen a quarry until they became managers.” In his report for 1892 it was recommended by the chief inspector of factories that quarries should be subject to the jurisdiction of the government inspectors of mines. At the same time currency was given, by the published reports of the evidence before the Royal Commission on Labour, to the wish of large numbers of quarrymen that open as well as underground quarries should come under more specialized government inspection. In 1893 a committee of experts, including inspectors of mines and of factories, was appointed by the Home Office to investigate the conditions of labour in open quarries, and in 1894 the Quarries Act brought every quarry, as defined in the Factory Act 1878, any part of which is more than 20 ft. deep, under certain of the provisions of the Metalliferous Mines Acts, and under the inspection of the inspectors appointed under those acts; further, it transferred the duty of enforcing the Factory and Workshop Acts, so far as they apply in quarries over 20 ft. deep, from the Factory to the Metalliferous Mines inspectors.
The provisions of the Metalliferous Mines Acts 1872 and 1875, applied to quarries, are those relating to payment of wages in public-houses, notice of accidents to the inspector, appointment and powers of inspectors, arbitration, coroners’ inquests, special rules, penalties, certain of the definitions, and the powers of the secretary of state finally to decide disputed questions whether places come within the application of the acts. For other matters, and in particular fencing of machinery and employment of women and young persons, the Factory Acts apply, with a proviso that nothing shall prevent the employment of young persons (boys) in three shifts for not more than eight hours each. In 1899 it was reported by the inspectors of mines that special rules for safety had been established in over 2000 quarries. In the reports for 1905 it was reported that the accounts of blasting accidents indicated that there was “still much laxity in observance of the Special rules, and that many irregular and dangerous practices are in vogue.” The absence or deficiency of external fencing to a quarry dangerous to the public has been since 1887 (50 & 51 Vict. c. 19) deemed a nuisance liable to be dealt with summarily in the manner provided by the Public Health Act 1875.
In 1905, 94,819 persons were employed, of whom 59,978 worked inside the actual pits or excavations, and 34,841 outside. Compared with 1900, there was a total increase of 924 in the number of persons employed. Fatal accidents resulted in 1900 in 127 deaths; compared with 1899 there was an increase of 10 in the number of deaths, and, as Professor Le Neve Foster pointed out, this exceeded the average death-rate of underground workers at mines under the Coal Mines Acts during the previous ten years, in spite of the quarrier “having nothing to fear from explosions of gas, underground fires or inundations.” He attributed the difference to a lax observance of precautions which might in time be remedied by stringent administration of the law. In 1905 there were 97 fatal accidents resulting in 99 deaths. In 1900 there were 92 prosecutions against owners or agents, with 67 convictions, and 13 prosecutions of workers, with 12 convictions, and in 1905 there were 45 prosecutions of owners or agents with 43 convictions and 9 prosecutions of workmen with 5 convictions.
In 1883 a short act extended to all “workmen” who are manual labourers other than miners, with the exception of domestic or menial servants, the prohibition of payment of wages in public-houses, beer-shops and other places for the sale Payment of wages in public-houses. of spirituous or fermented liquor, laid down in the Coal Mines Regulations and Metalliferous Mines Regulation Acts. The places covered by the prohibition include any office, garden or place belonging to or occupied with the places named, but the act does not apply to such wages as are paid by the resident, owner or occupier of the public-house, beer-shop and other places included in the prohibition to any workman bona fide employed by him. The penalty for an offence against this act is one not exceeding £10 (compare the limit of £20 for the corresponding offence under the Coal Mines Act), and all offences may be prosecuted and penalties recovered in England and Scotland under the Summary Jurisdiction Acts. The act does not apply to Ireland, and no special inspectorate is charged with the duty of enforcing its provisions.
Shop Hours.—In four brief acts, 1892 to 1899, still in force, the first very limited steps were taken towards the positive regulation of the employment of shop assistants. In the act of 1904 certain additional optional powers were given to any local authority making a “closing order” fixing the hour (not earlier than 7 P.M. or on one day in the week 1 P.M.) at which shops shall cease to serve customers throughout the area of the authority or any specified part thereof as regards all shops or as regards any specified class of shops. Before such an order can be made (1) a prima facie case for it must appear to the local authority; (2) the local authority must inquire and agree; (3) the order must be drafted and sent for confirmation or otherwise to the central authority, that is, the secretary of state for the Home Department; (4) the order must be laid before both Houses of Parliament. The Home Office has given every encouragement to the making of such orders, but their number in England is very small, and the act is practically inoperative in London and many large towns where the need is greatest. As the secretary of state pointed out in the House of Commons on the 1st of May 1907, the local authorities have not taken enough initiative, but at the same time there is a great difficulty for them in obtaining the required two-thirds majority, among occupiers of the shops to be affected, in favour of the order, and at the same time shop assistants have no power to set the law in motion. In England 364 local authorities have taken no steps, but in Scotland rather better results have been obtained. The House resolved, on the date named, that more drastic legislation is required. As regards shops, therefore, in place of such general codes as apply to factories, laundries, mines—only three kinds of protective requirement are binding on employers of shop assistants: (1) Limitation of the weekly total of hours of work of persons under eighteen years of age to seventy-four inclusive of meal-times; (2) prohibition of the employment of such persons in a shop on the same day that they have, to the knowledge of the employer, been employed in any factory or workshop for a longer period than would, in both classes of employment together, amount to the number of hours permitted to such persons in a factory or workshop; (3) provision for the supply of seats by the employer, in all rooms of a shop or other premises where goods are retailed to the public, for the use of female assistants employed in retailing the goods—the seats to be in the proportion of not fewer than one to every three female assistants. The first two requirements are contained in the act of 1892, which also prescribed that a notice, referring to the provisions of the act, and stating the number of hours in the week during which a young person may be lawfully employed in the shop, shall be kept exhibited by the employer; the third requirement was first provided by the act of 1899. The intervening acts of 1893 and 1895 are merely supplementary to the act of 1892; the former providing for the salaries and expenses of the inspectors which the council of any county or borough (and in the City of London the Common Council) were empowered by the act of 1892 to appoint; the latter providing a penalty of 40s. for failure of an employer to keep exhibited the notice of the provisions of the acts, which in the absence of a penalty it had been impossible to enforce. The penalty for employment contrary to the acts is a fine not exceeding £1 for each person so employed, and for failure to comply with the requirements as to seats, a fine not exceeding £3 for a first offence, and for any subsequent offence a fine of not less than £1 and not exceeding £5.