The Factories Act.-1907. PART IV. DIVISION III. (2) No room or place connected with or in the same enclosure as any such factory shall be used as a sleeping place, unless such sleeping place is effectually separated from the factory by a Vic. Act No. 1975, substantial wall or partition extending from the floor to the ceiling (3) No person shall let or occupy, or continue to let, or knowingly suffer to be occupied, any factory, room, or place contrary to this section. Penalty, for the first offence Two Pounds, and for every subsequent offence Five Pounds. sec. 28. DIVISION IV. -LIME-WASHING. DIVISION IV. 36. (1) The Chief Inspector may, by notice under his hand, Lime-washing of require the occupier of a factory to cause to be lime-washed, or interior of factories. washed with some wash liquid approved by the Chief Inspector (a) All the internal wall surfaces of such factory; and (b) All the ceilings or the internal surface of the roof where not ceiled: which have not been painted with oil paint or varnished once at least within the seven years prior to the service of such notice, (2) In the case of surfaces or ceilings which have been so painted or varnished, the Chief Inspector may in like manner require such occupier to cause the same to be washed with hot water and soap once at least within every two years, to date from the period when last painted or so washed. (3) A factory in respect whereof there is a contravention of this section shall be deemed to be not kept in conformity with this Act. (4) This section shall not apply to blacksmiths, agricultural implement makers', and wheelwrights' shops, foundries, saw-mills, bone-mills, tanneries, rope-walks, smelting works, chaff-cutting, corn-crushing, wool-washing, or boiler-making establishments. Vic. Act No. 1975, sec. 30. 37. (1) An occupier served with a notice under section 36 may Appeal to Minister. appeal to the Minister. (2) The Minister may— (a) Cancel such notice and direct the Chief Inspector to serve a fresh notice; or Vic., Act No. 1975, sec. 30. (b) Dismiss the appeal. DIVISION V.-REMEDYING DEFECTS. DIVISION V. sanitary defects in 38. (1) Where it appears to an inspector that any act, neglect, Notices by inspector or default, in relation to any drain, watercloset, earthcloset, privy, to Board of Health of ashpit, water supply, nuisance, or other matter in a factory is factory. punishable or remediable under the health laws, but not under this Vic. Act No. 1975, Act, such inspector shall give notice in writing of such act, neglect, sec. 29. or default to the Board of Health for the district in which such factory is situate. (2) Such Meals not to be taken in room where The Factories Act.-1907. (2) Such Board shall thereupon make such inquiry and take such action as to such Board may seem proper. (3) An inspector may, for the purposes of this Act or the health laws, take with him into a factory an officer of health, inspector of nuisances, or other officer of the Board. (4) Any such officer of health, inspector of nuisances, or other officer of the Board may, at all reasonable times, enter and inspect any factory. DIVISION VI.-MEALS OF EMPLOYÉS. 39. (1) No employer shall, except when the operation of this section is suspended, employ continuously in any factory for more than five hours, without an interval of at least half an hour for a meal, any woman, young person, or child. Penalty, Five Pounds. (2) The Minister may suspend the operation of this section whenever, in his opinion, the exigencies of trade so require. (3) A notification of such suspension shall be published in the Gazette. 40. (1) No occupier of a factory shall permit or suffer any person employés are working employed therein to take any meal in any room in such factory(a) In which any manufacturing process or handicraft is then being carried on; or or in certain cases where employés have been working. Vic. Act No. 1975 of 1905, sec. 32. (6) In which persons employed are then engaged in their employment. (2) An inspector may exempt from the provisions of this section any factory which is of open construction, and in connection with which the occupier has provided a meal-room approved by the inspector. (3) No occupier of a factory in which is carried on any manufacturing process, handicraft, or employment declared by the Governor to be noxious shall permit or suffer any person to take a meal in any room therein in which any person has during the day been employed. (4) Every occupier mentioned in subsection (3) shall provide a fit and proper room where his employés may take their meals. Penalty, Five Pounds. (5) The Minister may, by written licence, exempt the occupier of a factory from providing a meal-room. DIVISION I. Lime-washing, painting, and washing of the interior of bakehouses. SPECIAL PROVISIONS FOR CERTAIN TRADES. 41. (1) The occupier of every bakehouse (a) In which bread or pastry is baked for sale or gain; and (b) Which The Factories Act.-1907. (b) Which is situated within a city, town, or township, PART V. DIVISION I. sec. 33. shall either paint with oil paint, or varnish, or wash with lime, or some other wash liquid approved by the Chief Inspector, all the Vic. Act No. 1975, internal wall surfaces, ceilings, and internal surface of the roof, where New Zealand Act not ceiled, of such bakehouse. (2) Where paint or varnish is used, there shall be three coats thereof, and the same shall be renewed once at least in every seven years, and shall be washed with hot water and soap once at least in every twelve months. (3) Where limewash or other approved wash liquid is used the same shall be renewed once at least in every six months. (4) A bakehouse in respect of which there is a contravention of this section shall be deemed to be not kept in conformity with this Act. 1901, sec. 42. 42. (1) No place on the same level with any such bakehouse and Provision as to forming part of the same building shall be used as a sleeping place (a) Unless such sleeping place is effectually separated from the bakehouse by a partition extending from the floor to the ceiling; and (b) Unless there is 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. (2) No person shall let or occupy, or continue to let, or knowingly suffer to be occupied, any place contrary to this section. Penalty, for the first offence One Pound, and for every subsequent offence Five Pounds. DIVISION II.-DUST-GENERATING FACTORIES. sleeping places near bakehouses. Vic. Act No. 1975, sec. 34. New Zealand Act, 1901, sec. 42. DIVISION II. in factories. 43. (1) The Chief Inspector may order that a fan or other Provision as to properly constructed mechanical means for preventing inhalation of ventilation by fan dust by the workers be provided by the occupier, and continuously Vic. Act No. 1975, used in every factory, when (a) Any process is carried on by which dust is generated, and by the workers inhaled to an injurious extent; and (b) In the opinion of the Chief Inspector such inhalation would be to a great extent thereby prevented. (2) Such order shall specify— (a) The mechanical means to be provided; and (b) The time allowed for providing same. (3) A factory in which such order is not complied with shall be deemed to be not kept in conformity with this Act. DIVISION sec. 35 PART V. DIVISION III. Protection of workers The Factories Act.-1907. DIVISION III.-WET SPINNING ROOMS. 44. (1) No occupier of a factory shall employ any female or any male under eighteen years of age in any part of such factory in which wet spinning is carried on, unless sufficient means be continuously used (a) For protecting the workers from being wetted; and (b) Where hot water is used, for preventing the escape of steam into the room occupied by the workers. (2) A factory in which such means are not continuously used shall be deemed to be not kept in conformity with this Act. PART VI. DIVISION I. Inspector to be a qualified mechanic. Factories Act, 1900, sec. 41. Traversing carriage of self-acting machine. Factories Act, 1900, sec. 39. See N.S.W. Act, 1896, sec. 26. Dangerous machinery to be fenced. Factories Act, 1900, sec. 40. See N.S.W. Act, 1896, sec. 28. Vic. Act No. 1975, sec. 58. PART VI. REGULATION AND USE OF MACHINERY IN FACTORIES. DIVISION I.-FENCING OF MACHINERY. 45. Every inspector under this part of this Act shall be a qualified mechanic. 46. (1) No occupier of a factory shall permit the traversing carriage of any self-acting machine therein to run out within a distance of eighteen inches from any fixed structure not being part of the machine, if the space over which it so runs out is a space through which any person is likely to pass. (2) The occupier of a factory shall securely fence or safeguard— (b) Every hoist or teagle near to which any person is liable to (d) Every part of the mill gearing, unless the same be in such (3) Such occupier shall cause all fencing and safeguards to be constantly maintained in an efficient state while the parts required to be fenced or safeguarded are in motion or use for the purpose of any manufacturing process. (4) A factory in which the above provisions are not observed shall be deemed to be not kept in conformity with this Act. 47. (1) An The Factories Act.-1907. 47. (1) An inspector shall serve on the occupier of a factory a notice requiring him to fence or safeguard, and keep fenced or safeguarded (a) Any part of the machinery therein: 1. To which the provisions of section 46 do not apply; and II. Which is not securely fenced; and III. Which is so dangerous as to be likely to cause bodily (b) Any vat, pan, or structure; and (c) Any stairway, staging, or place over, on, or near to which any person is liable to be or pass, and which, in the opinion of the inspector, is dangerous. (2) Such occupier may, within seven days after the receipt of the notice, serve on the inspector a requisition to refer the matter to arbitration; and thereupon the matter shall be referred to arbitration, to be conducted in manner prescribed. (3) If the arbitrators or their umpire decide that it is unnecessary or impossible to comply with the notice (a) They shall cancel the notice; and (b) The occupier need not comply therewith; and (c) The Minister shall pay the expenses of the arbitration. (4) If the occupier (a) Does not within the said seven days serve on the inspector a requisition to refer the matter to arbitration; or (b) Does not appoint an arbitrator within the time prescribed; or if neither the arbitrators nor the umpire decide that it is unnecessary or impossible to comply with the notice, such occupier shall comply therewith, or with the same as modified by the award. (5) The expenses of the arbitration in the case mentioned in subsection (4) shall be paid by the occupier, and shall be recoverable from him by the inspector in any Court of competent jurisdiction. (6) If the award modifies the notice, the expenses of the arbitration shall be in the discretion of the arbitrators or umpire. (7) A factory in which the above provisions are not observed shall be deemed to be not kept in conformity with this Act. DIVISION II.-GRINDSTONES. 48. (1) An inspector shall serve on the occupier of a factory a notice requiring him to replace or to properly fix any grindstone worked by mechanical power, which is so faulty or so fixed as to be dangerous. (2) The PART VI. DIVISION I. Fencing of other dangerous machinery and structures upon notice given by inspector. Vic. Act No. 1975, secs. 59 and 60. DIVISION II. Fixing of grindstones securely and replacing faulty grindstone. |