The Factory and Workshop Act, 1883, (ENGLAND.) AN ACT TO AMEND THE LAW RELATING TO CERTAIN FACTORIES AND WORKSHOPS.* 1. This act may be cited as the Factory and Workshop Act, 1883. White Lead Factories. 2. After the 31st day of December, 1883, it shall not be lawful to carry on a white lead factory, unless such factory is certified by an inspector to be in conformity to this act. 3.-(1). A white lead factory shall not be certified to be in conformity with this act unless the scheduled conditions, that is to say, the conditions specified in the schedule to this act, as amended by any order of a secretary of state under this section, and including any conditions added by any such order, have been complied with. (2). A secretary of state may at any time, by writing under his hand, revoke, alter, add to, or modify all or any of the conditions specified in the schedule to this act. 4. Within a reasonable time after written application in that behalf addressed to the chief inspector of factories by the occupier of any white lead factory, such factory shall be inspected by an inspector, and if he finds that the scheduled conditions have been * 46 and 47 Vict., c. 53. See the Factory and Workshop Act, 1878, 41 and 42 Vict., c. 16. Ante. complied with he shall certify to a secretary of state that the factory is in conformity with this act; and a copy of the certificate signed by the inspectors shall be forthwith given to the occupier. 5. If at any time after a white lead factory has been certified to be in conformity with this act it appears to an inspector that the factory is not kept in conformity with this act, he shall forthwith. give notice to the occupier specifying in what respect default is made; and unless the default is within a reasonable time after the notice remedied to the satisfaction of an inspector, a secretary of state may, if he sees fit, withdraw the certificate until the default is remedied. 6. The occupier of a white lead factory which, after the 31st day of December, 1883, is carried on without a certificate under this act shall, for every day during which it is so carried on, be liable on summary conviction to a fine not exceeding two pounds. 7.-(1). There shall be established not later than the first day of January, 1884, in every white lead factory, such special rules for the guidance of the persons employed therein as may appear best calculated to enforce the use by them of the requirements provided under this act, and generally to prevent injury to health in the course of their employment. (2). Such special rules, when established, shall be observed in and about the factory, as if they were enacted in this act. (3). If any person who is bound to observe the special rules established for any white lead factory, acts in contravention of or fails to comply with any of such special rules, he shall be liable on summary conviction to a fine not exceeding two pounds; and the occupier of such factory shall also be liable on summary conviction to a fine not exceeding five pounds, unless he proves that he had taken all reasonable means, by publishing and to the best of his power enforcing the said rules, to prevent such contravention or noncompliance. 8.-(1). The occupier of every white lead factory shall frame and transmit to the chief inspector for approval by a secretary of state, special rules for such factory within three months after the passing of this act; or within three months after the opening for work of any white lead factory not opened for work before the passing of this act. (2). The proposed special rules, together with a printed notice, specifying that any objection to such rules on the ground of anything contained therein or omitted therefrom may be sent by any of the persons employed in the factory to the chief inspector, shall, during not less than two weeks before such rules are transmitted to the chief inspector, be posted up in like manner, as is provided in this act respecting the publication of special rules for the information of persons employed in the factory, and a certificate that such rules and notice have been posted up shall be sent to the chief inspector, with the rules signed by the person sending the same. (3). The secretary of state may approve such rules either with or without any omission, alteration or addition, and on his approval being signified in such manner as he may think fit, the special rules as approved may be established. But no such omission, alteration or addition shall be made without sufficient notice to the occupier to enable him to state his objections, if any, thereto. 9-(1). After special rules are established under this act in any white lead factory, the occupier of such factory may from time to time propose in writing to the chief inspector, for the approval of a secretary of state any amendment of such rules or any new special rules, and the provisions of this act with respect to the original special rules shall apply to all such amendments and new rules in like manner, as near as may be, as they apply to the original rules. (2) A secretary of state may at any time propose to the occupier of any white lead factory any new special rules or any amendments to the special rules; any such new rules or amendments shall, as settled after time given for consideration of the objections, if any, of the occupier, be established as from a date to be fixed by a secretary of state and specified therein. 10. If the occupier of any white lead factory to which this act applies makes any false statement with respect to the posting up of the special rules and notices, he shall be liable on summary conviction to a fine not exceeding twenty pounds; and if special rules for any white lead factory are not transmitted within the time limited by this act to the chief inspector, for the approval of a secretary of state, such secretary of state may, by writing, under his hand establish for that factory such special rules as he may see fit, to come into operation as from a date to be fixed by him and specified therein. 11.-(1). Printed copies of all special rules for the time being in force in any white lead factory under this act shall be kept posted up in legible characters in conspicuous places in the factory where they may be conveniently read by the persons employed. (2). A printed copy of such rules shall be given by the occupier to any person affected thereby on his or her application. (3.) If the occupier of any white lead factory fails to comply with any provisions of this section, he shall be liable on suminary conviction to a fine not exceeding ten pounds. 12 Every person, who pulls down, injures, or defaces any proposed special rules, notice, or special rules when posted up in pursuance of the provisions of this act with respect to special rules, or any notice posted up in pursuance of the special rules shall be liable on summary conviction to a fine not exceeding five pounds. Explanation of Certain Provisions of Factory, etc., Act, 1878.* 13. It is hereby declared that (a). Section fifty-three, of the Factory and Workshop Act 1878, only authorizes overtime employment of young persons or women to take place in any factory or workshop on forty-eight days in the whole in any twelve months; and that in reckoning such period of forty-eight days, every day on which any young person or woman has been employed overtime is to be taken into account; and that (b). Section fifty-six of the said act only authorizes overtime employment of women to take place in any factory or workshop on ninety-six days in the whole in any twelve months; and that in reckoning such period of ninety-six days, every day on which any woman has been employed overtime is to be taken into account. 14. Notwithstanding anything in section twelve or section fourteen of the Factory and Workshop Act, 1878, the period of employment for a child in an afternoon set in a factory or workshop, where the dinner time does not begin before two o'clock in the afternoon, may begin at noon; provided that in such case the period of employment in the morning set shall end at noon. *See Ante. |