« EelmineJätka »
In 1875, the subject of the Factory Laws was once again referred to a Royal Commission, with a view particularly to their codification; and upon the report of this Commission has been grounded the Factory and Workshop Act, 1878 (41 Vict. c, 16.) This statute repealing in toto the previously existing enactments comprises withiu about 100 sections, a well-framed code of the regulations which are now to apply (from the 1st January, 1879, when the operation of the Act commences; p. 1) to the employment of labour in factories and workshops (i).
The Act applies to factories and workshops. " under cover, in which apy handicraft is carried on by any child, young person, or woman,
and to which and over which the person " by whom such child, young person, or woman is em
yed has the right of access and control.” 30 & 31 Vict. c. 146, s. 4. “ Handicraft”
was defined to mean “any manual labour exercised by way of “trade or for purposes of gain, in or incidental to the making of
any article or part of an article, or in or incidental to the alter
ing, repairing, ornamenting, finishing, or otherwise adapting for “ sale any article.” Id.
() A policy similar to that upon which the Factory and Workshop Acts have been founded has caused the Legislature to intervene in the like manner for the protection of other workpeople, and to regulate several other occupations besides those comprehended within these provisions. Special statutes have accordingly keen passed from time to time regulating the employment of labour in mines, in bakehouses, in the employment of chimney-sweeping, and in agriculture. See “The Coal Mines Regulation Act, 1872 ” (35 & 36 Vict. c. 76); “ The Metalliferous Mines Regulation Act, 1873" (35 & 36 Vict. c. 77); “ The Bakehouse Regulation Act, 1863” (26 & 27 Vict. c. 40); 3 & 4 Vict. c. 85 ; and 27 & 28 Vict. c. 37 (as to Chimney-sweepers) ; and “The Agricultural Children Act, 1873" (36 & 37 Vict. c. 67); and as to fencing threshing machines, 41 Vict. c. 12. And see the Reports of the Children Employment Commissioners upon the above subjects. But it is not within the scope of this work to treat of the provisions of the statutes enumerated.
The factories to which it applies are divided into two classes, “textile” and “non-textile."
Textile factories within the meaning of the Act are premises where steam, water, or other mechanical power is used to work machinery employed in the several manufactures specified in the first part of the 93rd section ; e.g., cotton, wool, hair, and the like. P. 84.
Non-textile factories within the meaning of the Act are sub-divided into three classes, namely (1), Any of the works, &c. (nineteen in number), named and defined in Part 1 of the Fourth Schedule, p. 112; (2), Any premises named in Part 2 of the same Schedule (p. 114); provided that steam, water, or other mechanical power is used in aid of the manufacturing process carried on there ; and (3), Any premises where manual labour is exercised by way of trade, or for purposes of gain (a) in the making; or (6), in the altering, repairing, ornamenting, or finishing ; or (c), in the adapting for sale of any article; provided that the like power is used in aid of the manufacturing process carried on there. P. 84.
The “workshops” to which the Act applies are,– (1) Any premises named in Part 2 of the Fourth Schedule
(p. 114) which are not“ factories,” for the reason that steam, water, or other mechanical power is not used
in aid of the manufacturing process (see above); and (2) Any premises, room, or place (not being a factory)
where any manual labour is exercised by way of trade, or for purposes of gain ; (a), in the making; or (6), in the altering, repairing, ornamenting, or finishing ; or (c), in the adapting for sale of any article ; and where the employer has the right of access or control.
P. 86. The employment of a child under the age of ten years in factories and workshops to which the Act applies is absolutely prohibited. S. 20, p. 27.
The persons whose employment is subject to the several restrictions imposed by the Act are:(1) “Children ” under the
age (2) “Young persons ;" who are defined to be persons of
of fourteen years ;
the age of fourteen years, but under the age of eighteen (3) “Women ;” who are defined to be women above the age of eighteen years. p.
89. But children of thirteen years of age are allowed to be employed as "young persons” on attaining the prescribed educational standard. S. 26, p. 32.
The employment of male adults is not restricted. But the sanitary provisions, and the provisions relating to safety apply to the protection of such persons. Pp. 2, 4; and n. (9) there.
To render the employment of any person under the age of sixteen years lawful in a factory, the occupier must within a certain time obtain the prescribed “ certificate of fitness for
employment.” And this same restriction in certain cases may apply to their employment in workshops. S. 27, et seq., p. 33. The occupier must also once a week obtain in the case of children the prescribed certificate of school attendance. S. 24, p.
31. The hours of the day during which the employment of children, young persons, and women for any time is lawful is prescribed; as also are the number of hours per day for which such workpeople can be kept employed. Pp. 14, et seq. Special provisions are, however, made modifying the restrictions to suit the exigencies of particular trades; and the Secretary of State is invested with considerable powers of making orders varying the requirements of the Act under the circumstances of particular cases. Pp. 44, 121, et seq. (k).
A certain time in the day must be allowed for meals; which are to be taken in accordance with the regulations of the Act in that behalf. P. 25.
Provision is made for securing, besides a half holiday on Saturdays, a certain number of whole or half holidays in the
year. P. 27.
Important provisions are contained in the Act for the purpose of protecting workpeople generally from dangerous
(k) Several such orders have now been made. They will be found in the Appendix.
machinery; which require the occupier of the factory to fence off or otherwise secure certain specified parts; and subject him to heavy penalties in case of his default. Pp. 4, et seq.
The Act contains, moreover, a number of sanitary measures, which are principally directed towards the objects of securing cleanliness, ventilation, the prevention of overcrowding and the like. Pp. 2, et seq.
For the purpose of facilitating the provisions above referred to registers as prescribed are to be kept at the factory or workshop (p. 71); and the prescribed abstract of the Act is to be hung up there, together with various prescribed notices. (P. 72.)
The Secretary of State is empowered to appoint inspectors, whose duties are, generally, to visit factories and workshops, and to enforce the performance of the statutory requirements; and who for those purposes are invested with ample powers of entry and inspection ().
(1) The law relating to factories and workshops having been now so much simplified by its codification in one statute it has not been thought necessary or desirable to notice the particular enactments more at large in the foregoing introduction.
TABLE OF CASES CITED.
Ashworth v. Stanwix
10 7, 8, 10 221, 224
10 5, 7, 8, 10
84 87 36 7,9
10 . 115 . 87
5 84 10