APPENDIX IV. The Factory and Workshop Act, 1878, (ENGLAND). AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO FACTORIES AND WORKSHOPS.* PRELIMINARY. 1. This act may be cited as the Factory and Workshop Act, 1878. 2. This act shall come into operation on the 1st day of January, 1879, which day is in this act referred to as the commencement of this act: Provided that at any time after the passing of this act, any appointment, regulation, or order may be made, any notice issued, form prescribed and act done which appears to a secretary of state necessary or proper to be made, issued, prescribed, or done for the purpose of bringing this act into operation at the commencement thereof. PART I-GENERAL LAW RELATING TO FACTORIES AND WORKSHOPS. 1-Sanitary Provisions. 3. A fictory and a workshop shall be kept in a cleanly state and free from effluvia arising from any drain, privy, or other nuisance. A factory or workshop shall not be so overcrowded while work is carried on therein as to be injurious to the health of the persons. 41 and 42 Vict. C, 16, May 27, 1878. And see the Factory and Workshop Act, 1833, (46 and 47 Vict. C, 53,) post. employed therein and shall be ventilated in such a manner as to render harmless, so far as is practicable, all the gases, vapors, dust, or other impurities generated in the course of the manufacturing process or handicraft carried on therein that may be injurious to health. A factory or workshop in which there is a contravention of this section, shall be deemed not to be kept in conformity with this act. 4. Where it appears to an inspector under this act that any act, neglect, or default in relation to any drain, water closet, privy, ash pit, water supply, nuisance or other matter in a factory or workshop is punishable or remediable under the law relating to public health, but not under this act, that inspector shall give notice in writing of such act, neglect or default to the sanitary authority in whose district the factory or workshop is situate, and it shall be the duty of the sanitary authority to make such inquiry into the subject of the notice and take such action thereon, as to that authority may seem proper for the purpose of enforcing the law. An inspector under this act may for the purpose of this section, take with him into a factory or workshop a medical officer of health, inspector of nuisances, or other officer of the sanitary authority. 2-Safety. 5. With respect to the fencing of machinery in a factory, the following provisions shall have effect: (1). Every hoist or teagle near to which any person is liable to pass or be employed, and every fly-wheel directly connected with the steam or 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 (2). Every wheel race not otherwise secured, shall be securely fenced close to the edge of the wheel race; and (3). 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, as it would be if it it were securely fenced; and See post, sect. 96, and Holmes v. Clarke, 30 L. J., Exc. 135; 31 L. J., Exc. 356. (4). All fencing shall be constantly maintained in an efficient state while the parts required to be fenced are in motion, or used for the purpose of any manufacturing process. A factory in which there is a contravention of this section shall be deemed not to be kept in conformity with this act. 6. When an inspector considers that in a factory any part of the machinery of any kind moved by steam, water, or other mechanical power, to which the foregoing 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, the following provisions shall apply to the fencing of such machinery. (1). The inspector shall serve on the occupier of the factory a notice requiring him to fence the part of the machinery which the inspector so deems to be dangerous. (2). The occupier, within seven days after the receipt of the notice, may serve on the inspector a requisition to refer the matter to arbitration; and thereupon the matter shall be referred to arbritation, and two skilled arbritrators shall be appointed, the one by the inspector and the other by the occupier; and the provisions of the Companies' Clause Consolidation Act, 1845, with respect to the settlement of disputes by arbitration shall, subject to the express provisions of this section, apply to the said arbitration, and the arbitrators or their umpire shall give the decision within twentyone days after the last of the arbitrators, or, in the case of the umpire, after the umpire is appointed, or within such further time as the occupier and inspector, by writing, allow; and if the decision is not so given the matter shall be referred to the arbitration of an umpire, to be appointed by the judge of the county court within the jurisdiction of which the factory is situate. (3). If the arbitrators or their umpire decide that it is unnecessary or impossible to fence the machinery alleged in the notice to be dangerous, the notice shall be cancelled, and the occupier shall not be required to fence in pursuance thereof, and the expenses of the arbitration shall be paid as the expenses of the inspector under this act. (4). If the occupier does not, within the said seven days, serve on the inspectors a requisition to refer the matter to arbitration or |