factory or workshop in which a child or young person is employed, the certificate of fitness of such child or young person for employment, which he is requtred to obtain under this act. 7-Accidents. 31. Where there occurs in a factory or workshop any accident which either (a). Causes loss of life to a person employed in the factory or in the workshop, or (b) Causes bodily injury to a person employed in the factory or workshop, and is produced either by machinery moved by steam, water or other mechanical power, or through a vat, pan or other structure filled with hot liquid or molten metal, or other subs ance, or by explosion, or by escape of gas, steam or metal, and is of such a nature as to prevent the person injured by it from returning to his work in the factory or workshop within forty-eight hours after the occurrence of the accident, written notice of the accident shall forthwith be sent to the inspector and to the certifying surgeon for the district, stating the residence of the person killed or injured, or the place to which he may have been removed, and if any such notice is not sent, the occupier of the factory or workshop shall be liable to a fine not exceeding five pounds.* If any such accident as aforesaid occurs to any person employed in an iron mill or blast furnace, or other factory or workshop where the occupier is not the actual employer of the person killed or injured, the actual employer shall immediately report the same to the occupier, and in default shall be liable to a fine not exceeding five pounds. A notice of an accident, of which notice is required by Section sixty-three of Explosives Act, 1875, to be sent to a government inspector, need not be sent to the certifying surgeon in pursuance of this section. 32. When a certifying surgeon receives in pursuance of this act notice of an accident in a factory or workshop, he shall with the least possible delay proceed to the factory or workshop, and make a full investigation as to the nature and cause of the death or injury *See Lakeman v. Stephens, 34 L.J, M. C. 54; 9 Best & S. 54. caused by that accident, and within the next twenty-four hours send to the inspector a report thereof. The certifying surgeon, for the purpose only of an investigation under this section, shall have the same powers as an inspector, and shall also have power to enter any room in a building to which the person killed or injured has been removed. There shall be paid to the said surgeon for the investigation such fee, not exceeding ten nor less than three shillings, as a secretary of state considers reasonable, which fee shall be paid as expenses incurred by a secretary of state in the execution of this act. PART II. SPECIAL PROVISIONS RELATING TO PAR- 1-Special Provisions for Health in Certain Factories and 33. For the purpose of securing the observance of the requirements of this act as to cleanliness in every factory and workshop, all the inside walls of the rooms of a factory or workshop, and all ceilings or tops of such rooms, whether such walls, ceilings, or tops be plastered or not, and all the passages and staircases of a factory or workshop, if they have not been painted with oil or varnished once at least within seven years, shall be limewashed once at least within every fourteen months, to date from period when last limewashed, and if they have been so painted or varnished shall be washed with hot water and soap once at least within every fourteen months, to date from period when last washed. 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. Where it appears to a secretary of state that in any class of factories or workshops, or parts thereof, the regulations in this section. are not required for the purpose of securing therein the observance of the requirements of this act as to cleanliness, or are by reason of special circumstances inapplicable, he may, if he thinks fit, by order made under this part of this act, grant to such class of factories or workshops, or parts thereof, a special exception that the regulations in this section shall not apply thereto. 34. Where a bakehouse is situate in any city, town, or place containing, according to the last published census for the time being, a population of more than five thousand persons, all the inside walls of the rooms of such bakehouse, and all the ceilings or tops of such rooms, whether such walls, ceilings, or tops be plastered or not, and all the passages and staircases of such bakehouse shall either be painted with oil, or varnished, or be limewashed, or be partly painted or varnished and partly limewashed; where painted with oil or varnished there shall be three coats of paint or varnish, and the paint or varnish shall be renewed once at least in every seven years, and shall be washed with hot water and soap once at least in every six months; where limewashed the limewashing shall be renewed once at least in every six months. A bakehouse in which there is any contravention of this section shall be deemed not to be kept in conformity with this act. 35. Where a bakehouse is situate in any city, town, or place containing, according to the last published census for the time being, a population of more than five thousand persons, a place on the same level with the bakehouse, and forming part of the same building, shall not be used as a sleeping place, unless it is constructed as follows; that is to say, unless it is effectually separated from the bakehouse by a parti tion extending from the flour to the ceiling; and unless there be an external glazed window of at least nine superficial feet in area, of which, at least, four and a half superficial feet are made to open for ventilation. Any person who lets or occupies, or continues to let or knowingly suffers to be occupied, any place contrary to this section, shall be liable to a fine not exceeding, for the first offence, twenty shillings, and for every subsequent offence five pounds. 36. If in a factory or workshop where grinding, glazing or polishing on a wheel, or any process is carried on, by which dust is generated and inhaled by the workers to an injurious extent, it appears to an inspector that such inhalation could be to a great extent prevented by the use of a fan or other mechanical means, the inspector may direct a fan or other mechanical means of a proper construction for preventing such inhalation to be provided within a reasonable time; and if the same is not provided, main tained and used, the factory or workshop shall be deemed not to be kept in conformity with this act. 37. A child, young person or woman shall not be employed in any part of a factory in which wet spinning is carried on, unless sufficient means be employed and continued for protecting the workers from being wetted, and where hot water is used, for preventing the escape of steam into the room occupied by the workers. A factory on which there is a contravention of this section shall be deemed not to be kept in conformity with this act 2-Special Restriction as to Employment, Meals and Certificates of Fitness. 38. A child or young person shall not, to the extent mentioned in the first schedule to this act, be employed in the factories or workshops or parts thereof named in that schedule. Notice of the prohibition in this section shall be affixed in a factory or workshop to which it applies. 39. A child, or young person, or woman shall not be allowed to take a meal or to remain during the times allowed for meals in the parts of factories or workshops to which this section applies; and a child, young person or woman allowed to take a meal or to remain in contravention of this section shall be deemed to be employed contrary to the provisions of this act. Notice of the prohibition in this section shall be affixed in a factory or workshop to which it applies. This section applies to the parts of factories or workshops named in the second schedule of this act. Where it appears to a secretary of state that by reason of the nature of process in any class of factories or workshops or parts thereof not named in the said schedule, the taking of meals therein is especially injurious to health, he may, if he thinks fit, by order made under this part of this act extend the prohibition in this section to the said class of factories or workshops or parts thereof. If the prohibition in this section is proved to the satisfaction of a secretary of state to be no longer necessary for the protection of the health of children, young persons, and women in any class of factories or workshops or parts thereof to which the prohibition has been extended by an order, he may, by an order made under this part of this act, rescind the order of extension, without prejudice nevertheless to the subsequent making of another order. 40. In print works and bleaching and dyeing works the period of employment for a child, young person, and woman, and the times allowed for meals, shall be the same as if the said works were a textile factory, and the regulations of this act with respect to the employment of children, young persons, and women in a textile factory shall apply accordingly, as if print works and bleaching and dyeing works were textile factories; save that nothing in this section shall prevent the continous employment of a child, young person, or woman in the said works without an interval of half an hour for a meal, for the period allowed by this act in a non textile factory. 41. When it appears to a secretary of state that by reason of special circumstances affecting any class of workshops, it is expedidient for protecting the health of the children and of the young persons under sixteen years of age employed therein, to extend thereto the prohibition in this section mentioned, he may, by order made under this part of this act, extend to such class of workshops the prohibition in this act of the employment of children and young persons under the age of sixteen years without a certificate of the fitess of such child or young person for employment, and thereupon the provisions of this act with respect to certificates of fitness for employment shall apply to the class of workshops named in the order in like manner as if they were factories. If the prohibition is proved to the satisfaction of the secretary of state to be no longer necessary for the protection of the health of the children and the young persons under the age of sixteen years employed in any class of workshops to which it has been extended under this section, he may by order made under this part of this act rescind the order of extension, without prejudice nevertheless to the subsequent making of another order. |