APPENDIX III. FACTORY AND WORKSHOP ACT, 1891. (ENGLAND.) An Act to amend the law relating to factories and workshops.* SANITARY PROVISIONS. 1.—(1) If the secretary of state is satisfied that the provisions of the law relating to public health as to effluvia arising from any drain, privy, or other nuisance, or with respect to cleanliness, ventilation, overcrowding or limewashing are not observed in any workshops or class of workshops (including workshops conducted on the system of not employing any child, young person or woman therein) or laundries, he may, if he thinks fit, by order, authorize and direct an inspector or inspectors under the principal act† to take, during such period as may be mentioned in the order, such steps as appear necessary or proper for enforcing the said provisions. (2) An inspector authorized in pursuance of this section shall, for the purpose of his duties, have the same powers with respect to workshops and laundries to which this section applies, as he has under the principal act as amended by this act with respect to factories, and may for the same purpose take the like proceedings for punishing or remedying any default in compliance with the said provisions of the law relating to public health as might be taken by the sanitary authority of the district in which the workshops or laundries are situate, and shall be entitled to recover from that sanitary authority all such expenses in and about any proceedings in respect of such workshops or laundries as he may incur and are not recovered from any other person, and have not been incurred in any unsuccessful proceedings. *Chap. 75, 54 & 55 Vict., Aug. 5th, 1891. + Factory and workshop act, 1878. See Bureau report, 1889. 2.-(1) Section four of the principal act shall apply to workshops conducted on the system of not employing any child, young person or woman therein, and to laundries. (2) Where notice of an act, neglect or default is given by an inspector under the said section four, as amended by this act, to a sanitary authority, and proceedings are not taken within a reasonable time for punishing or remedying the act, neglect or default, the inspector may take the like proceedings for punishing or remedying the same as the sanitary authority might have taken, and shall be entitled to recover from the sanitary authority all such expenses in and about the proceedings as the inspector incurs and are not recovered from any other person, and have not been incurred in any unsuccessful proceedings. 3.-(1) Sections three and thirty-three of the factory and workshop act, 1878 (which relate to cleanliness, ventilation, and overcrowding in, and limewashing of, factories and workshops), shall cease to apply to workshops. (2) For the purpose of their duties with respect to workshops (not being workshops to which the public health (London) act, 1891, applies), a sanitary authority and their officers shall, without prejudice to their other powers, have all such powers of entry, inspection, taking legal proceedings or otherwise, as an inspector under the principal act. (3) If any child, young person or woman is employed in a workshop, and the medical officer of the sanitary authority becomes aware thereof, he shall forthwith give written notice thereof to the factory inspector of the district. 4.—(1) Every workshop as defined by the principal act (including any workshop conducted on the system of not employing any child, young person or woman therein), and every workplace within the meaning of the public health act, 1875, shall be kept free from effluvia arising from any drain, water-closet, earth-closet, privy, urinal or other nuisance, and unless so kept shall be deemed to be a nuisance liable to be dealt with summarily under the law relating to public health. (2) Where on the certificate of a medical officer of health or inspector of nuisances it appears to any sanitary authority that the limewashing, cleansing or purifying of any such workshop, or of any part thereof, is necessary for the health of the persons employed therein, the sanitary authority shall give notice in writing to the owner or occupier of the workshop to limewash, cleanse or purify the same, or part thereof, as the case may require. (3) If the person to whom notice is so given fails to comply therewith within the time therein specified, he shall be liable to a fine not exceeding ten shillings for every day during which he continues to make default, and the sanitary authority may, if they think fit, cause the workshop, or part, to be limewashed, cleansed, or purified, and may recover in a summary manner the expenses incurred by them in so doing from the person in default. (4) This section shall not apply to any workshop or workplace to which the public health (London) act, 1891, applies. 5. In section three of the principal act, for the word "privy" shall be substituted the words "water-closet, earth-closet, privy, urinal,” and for the words "injurious to the health of the persons employed therein" shall be substituted the words "dangerous or injurious to the health of the persons employed therein." SAFETY. 6.-(1) The words "near to which any person is liable to pass or to be employed" in subsection (1) of section five of the principal act are hereby repealed. (2) In subsection three of the same section, before the words. every part" shall be inserted the words "all dangerous parts of the machinery and.” * 7.-(1) Every factory of which the construction is commenced after the first day of January, one thousand eight hundred and ninety-two, and in which more than forty persons are employed, shall be furnished with a certificate from the sanitary authority of the district in which the factory is situate that the factory is provided on the stories above the ground floor with such means of escape in case of fire for the persons employed therein as can reasonably be required under the circumstances of each case, and a factory not so furnished shall be deemed not to be kept in conformity with the principal act, and it shall be the duty of the sanitary authority to examine every Amendment of 41 & 42 Vict., c. 16, s. 5, as to fencing of machinery. |