PART III. Traversing carriage of self-acting machine. No. 37, 1896, sec. 26. The Factories Amendment Act.-1900. PART III. 39. The traversing carriage of any self-acting machine in any factory shall not be allowed to run out within a distance of eighteen See N.S. Wales Act, inches from any fixed structure not being part of the machine, if the space over which it so runs out is a space over which any person is likely to pass, whether in the course of his employment or otherwise. Dangerous machinery to be fenced. See N.S. Wales Act, See N.S. Wales Act, Inspector to be a certificated engineer. Safeguards from machinery to be provided. See N.S. Wales Act, See New Zealand Act, 40. The occupier of a factory shall securely fence or safeguard all dangerous parts of the machinery therein, and with respect to such fencing or safeguarding the following provisions shall have effect: 1. Every hoist or teagle and every fly-wheel directly connected with the steam, gas, oil, electric, water, or other mechanical power, whether in the engine-house or not, and every part of a steam-engine and water-wheel, shall be securely fenced; and 11. Every wheel-race not otherwise secured shall be securely fenced close to the edge of the wheel-race; and 111. Every part of the mill gearing shall either be securely fenced or be in such position or of such construction as to be equally safe to every person employed in the factory or workroom as it would be if it were securely fenced; and IV. All fencing and safeguards shall be constantly maintained in an efficient state while the parts required to be fenced or guarded are in motion or use for the purpose of any manufacturing process; and v. For the purpose of this section and of any provisions of this Act relating thereto "machinery" shall be deemed to include any driving strap, band, wire, rope, or cable of any kind. A factory in which there is a contravention of this section shall be deemed not to be kept in conformity with this Act. 41. Every inspector under this part of this Act shall be a qualified mechanic. 42. If an inspector considers that in a factory any part of the machinery of any kind, moved by steam, oil, gas, electric, water, or other mechanical power, to which the provisions of this Act with respect to the fencing of machinery do not apply is not securely fenced, and is so dangerous as to be likely to cause bodily injury to any person employed in the factory 1. The inspector shall serve on the occupier of the factory a written notice to fence the machinery which he considers dangerous as aforesaid: The Factories Amendment Act.-1900. 11. If the occupier of a factory fails to comply within a reasonable time with the notice, or fails to keep the said machinery securely fenced in accordance therewith, or fails to constantly maintain such fencing in an efficient state while the machinery required to be fenced is in motion, the factory shall be deemed not to be kept in conformity with this Act. 43. When an inspector considers that in a factory a vat, pan, or other structure, which is used in the process or handicraft carried on in such factory, or any stairway, staging, or other place, and near to or over or on which persons are liable to pass or to be employed, is so dangerous as to be likely to be a cause of bodily injury to any such person employed in the factory, he shall serve on the occupier of the factory a notice requiring him to fence or safeguard such vat, pan, structure, stairway, staging, or place. The provisions of this Act with respect to the fencing or safeguarding of machinery which an inspector considers not to be securely fenced or safeguarded, and to be dangerous, shall apply to such vat, pan, structure, stairway, staging, or place; and if the occupier of a factory fails constantly to maintain the fencing or safeguarding required by such notice in an efficient state the factory shall be deemed not to be kept in conformity with this Act. 44. The Minister may on complaint by an inspector, and on being satisfied that any machine used in a factory is in such a condition that it cannot be used without danger to life or limb, by order prohibit such machine from being used, or (if it is capable of repair or alteration) from being used until it is duly repaired or altered to the Minister's satisfaction on the report of the inspector. Any employer who disobeys such order shall for each offence be liable to a penalty not exceeding Ten Pounds for every day on which the machine is used in contravention of the order. The Governor may, by Proclamation in the Government Gazette, prohibit the employment in any factory of any person under the age of sixteen years at all or in any operations at or in connection with which any dangerous machinery is used. 45. (1) In every factory the opening of every hoistway, elevator, lift, well hole, or stairway shall at each floor be provided with and protected by good and sufficient trapdoors or self-closing hatches and safety catches, or by such other safeguards as the inspector may approve. (2) If an elevator or lift in a factory is considered by an inspector to be unsafe or dangerous to use, he may prohibit the occupier from using such elevator or lift until it is made safe to the inspector's satisfaction. Should any occupier use, or permit to be used, such elevator or lift at any time whilst its use is so prohibited, he shall be liable to a penalty of Twenty Shillings for each time such elevator or lift is so used. PART III. Management of elevators. See N.S. Wales Act, No. 37, 1896, sec. 32. See N.S. Wales Act, Accidents in See N.S. Wales Act, Notice. Inspector to inquire and report. Board may modify or annul terms. The Factories Amendment Act.-1900. 46. No male under sixteen years of age nor any female shall be allowed to have the care, custody, management, or working of any elevator or lift in any factory. 47. No male under eighteen years of age nor any female shall be allowed (a) To clean such part of the machinery in a factory as is mill gearing while the same is in motion for the purpose of propelling any part of the manufacturing machinery; or (b) To work between the fixed and traversing part of any selfacting machine while the machine is in motion by the action of steam, gas, oil, electric, water, or other mechanical power. Any occupier who allows any employé to act in contravention of this section shall be guilty of a breach of this Act. 48. Where there occurs in a factory any accident, which either (a) Causes loss of life to an employé in the factory; or (b) Causes bodily injury to any employé in the factory: written notice of the accident shall forthwith be sent by the occupier to the nearest inspector, stating the cause of death or the nature and extent of the injury, as the case may be, and the residence of the person killed or injured, or the place to which he has been removed; and if the notice is not sent the occupier of the factory shall be liable to a penalty of not exceeding Five Pounds. 49. The inspector shall, immediately on receiving such notice, proceed to such factory and inquire into the cause of such accident, and may examine the occupier and all persons employed in such factory, and report the result thereof to the Minister. 50. The Board may, on the application of any employer affected, modify or annul the terms of any decision or notice given by any inspector under this part of this Act. PART IV. Prevention of fire and construction of PART IV. 51. In every factory the occupier shall provide such means of extinguishing fire as the inspector may direct, and shall provide a See N.S. Wales Act, sufficient number of lavatories for the separate use of each sex. lavatories. No. 37, 1896, sec. 34, sub-sec. 2. Penalty for not registering. 52. Any person occupying a factory or workroom not duly registered as in this Act provided shall be liable to a fine not exceeding Ten Pounds. The Factories Amendment Act.-1900. 53. If a woman or young person is employed by the same employer during the same week both in a factory and a shop the aggregate hours of employment of such woman or young person shall not exceed the number of hours mentioned in section 13 of the principal Act. 54. The Minister may by notice in writing forbid the occupier of a factory where noxious trades are carried on to permit any employés therein to take their meals in any room while work is being carried on therein, and may by notice in writing direct an occupier to erect or provide a suitable room or place in the factory, or in connection therewith, for the purpose of a dining or eating room for employés in such factory. If the occupier fail to comply with such notice within a reasonable time the factory shall be deemed not to be kept in conformity with this Act. premises. 55. The Minister may by notice in writing forbid the occupier of Prohibition against a factory to use any premises as a factory which in the opinion of using unsuitable the Chief Inspector are unsuitable for the purpose by reason of deficiency of light or ventilation, or by reason of structural defects or proximity to insanitary conditions. If the occupier fail to comply with such notice within a reasonable time the factory shall be deemed not to be kept in conformity with this Act. conformity with this Act. 56. If a factory is not kept in conformity with this Act, or of Penalty for not the regulations thereunder, or if in any factory there is a breach of keeping factory in any of the provisions of this Act, or of the regulations thereunder, or if the occupier of a factory or other person fails to comply with any provision of this Act or with any order or request made by the Minister or an inspector in pursuance of this Act or regulations, the occupier or other person shall on conviction, if no other penalty is provided, be liable to a penalty not exceeding Ten Pounds. The Magistrate or Justices, in addition to or instead of inflicting a penalty, may order certain means to be adopted by the occupier within some time to be named in the order for the purpose of bringing his factory into conformity with this Act, and may upon application enlarge the time so named; and if after the expiration of the time originally named, or enlarged upon subsequent application, the order is not complied with, the occupier shall be liable to a penalty not exceeding One Pound for every day that such non-compliance continues. 57. In all proceedings taken against any person for any breach Onus of proof. of this Act, or of any regulations to be made thereunder, the following provisions shall have effect: 1. The onus of proof that articles prepared or manufactured or See Vict. Bill, 1899, made are not prepared or manufactured or made for sale sec. 43. shall in all cases be on the defendant: 11. In PART IV. Informations and regulations to be laid by Board. The Factories Amendment Act.-1900. II. In any proceedings against any person for employing within any factory any apprentices or improvers in excess of the number or proportionate number, as determined by a Board, the onus of proof that the provisions of this Act and of such determination with regard to the number or proportionate number of apprentices or improvers or of apprentices and improvers (as the case may be) who may be employed within such factory have been complied with shall in all cases be on the defendant: 11. The onus of proof that the person named in a summons as an employé of the defendant in a certain capacity was not employed in the capacity named in such summons shall in all cases be on the defendant: IV. In any proceedings against the occupier of a factory for employing any person in excess of the hours of employment permitted by the principal Act, the contents of the notice affixed by the occupier containing the holidays and working hours of the factory shall be conclusive evidence of the facts therein stated. 58. All informations or proceedings for a breach of the provisions of Part II. of this Act, or any regulations thereunder, shall be laid or taken by or on behalf of the Board. In the name and on behalf of Her Majesty, I hereby assent to this Bill. TENNYSON, Governor. Adelaide: By authority, C. E. BRISTOW, Government Printer, North Terrace. |