PART SIX.

Night Work.

Factories and workshops in which male young persons may

be employed at night by reason of the nature of the business.

requiring the process to be carried on throughout the night.

"Lace

matches."

"Percussion cap." "Cartridge." Paper staining."

"Fustian cutting." "Blast furnaces.' "Copper mills.”

"Iron mills." "Foundries." "Paper mills." "Glass

works. "Tobacco factories." "Letterpress printing

works." "Bookbinding works.”

A

BILL

5

ΤΟ

Consolidate and amend the Law relating to Factories and

BE

Workshops.

E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Preliminary.

A.D. 1878.

1. This Act may be cited as the Factory and Workshop Act, 1878. Short title. 2. This Act shall come into operation on the first day of January Commenceone thousand eight hundred and seventy-nine, which day is in ment of Act.

this Act referred to as the commencement of this Act: Provided 10 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 15 thereof.

PART I.

GENERAL LAW RELATING TO FACTORIES AND WORKSHOPS.

(1.) Sanitary Provisions.

3. A factory and a workshop shall be kept in a cleanly state 20 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 employed therein, and shall be ventilated in such a manner as to 25 render harmless, so far as is practicable, all the gases vapours 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 30 section shall be deemed not to be kept in conformity with this Act.

Sanitary

condition of
factory and
workshop.

See 27 & 28
Vict. c. 48.
s. 4.,

30 & 31 Vict.
c.103. ss. 4, 6.
sched. 10.
38 & 39 Vict.

c. 55. s. 91,

26 & 27 Vict.

c. 40. s. 4.

A.D. 1878.

Notice by inspector to

sanitary authority of sanitary

defects in factory or workshop.

Fencing of certain

4. Where it appears to an inspector under this Act that any act neglect or default in relation to any drain watercloset earthcloset privy ashpit 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 5 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 purposes of this section, take with him into a factory or a workshop a medical officer of health, inspector of nuisances, or other officer of the sanitary authority.

(2.) Safety.

10

5. With respect to the fencing of machinery in a factory the 15 machinery. following provisions shall have effect:

See 7 & 8 Vict. c. 15. s. 21.

19 & 20 Vict.

c. 38. s. 4.

30 & 31 Vict. c.103.sch.24.

(1.) Every hoist or teagle near to which children or young
persons are liable to pass or to be employed, and every
fly wheel directly connected with the steam or water or
other mechanical power, whether in the engine house or 20
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 25
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 were securely fenced; and

(4.) All fencing shall be constantly maintained in an efficient
state while the parts required to be fenced are in motion 30
or use 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. Where an inspector considers, that in a factory any part of the machinery of any kind moved by steam water or other mechanical 35 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:

40 (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:

c. 16. ss.

(2.) The occupier, within fourteen days after the receipt of the A.D. 1878.
notice, may serve on the inspector a requisition to refer
the matter to arbitration; and thereupon the matter
shall be referred to arbitration, and two skilled arbitrators
shall be appointed, the one by the inspector and the other
by the occupier; and the provisions of the Companies
Clauses Consolidation Act 1845 with respect to the settle- 8 & 9 Vict.
ment of disputes by arbitration shall, subject to the express 128-134.
provisions of this section, apply to the said arbitration :
(3.) If the arbitrators or their umpire decide that it is unneces-
sary 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 inspectors under this Act:
(4.) If the occupier does not, within the said fourteen days, serve
on the inspector a requisition to refer the matter to
arbitration or does not appoint an arbitrator within fourteen
days after he served that requisition, or if neither the
arbitrators nor the umpire decide that it is unnecessary or
impossible to fence the machinery alleged in the notice to
be dangerous, the occupier shall securely fence the said
machinery in accordance with the notice, or with the
award of the arbitrators or umpire if it modifies the notice,
and the expenses of the arbitration shall be paid by the
occupier, and shall be recoverable from him by the inspector
in the county court:

(5.) Where the occupier of a factory fails to comply within a See 19 & 20
reasonable time with the requirements of this section as Vict. c. 38.

to securely fencing the said machinery in accordance with
the notice or award, or fails to keep the said machinery
securely fenced in accordance therewith, or fails constantly
to maintain such fencing in an efficient state while the
machinery required to be fenced is in motion for the
purpose of any manufacturing process, the factory shall
be deemed not to be kept in conformity with this Act":
(6.) For the purpose of this section and of any provisions of this
Act relating thereto, "machinery "shall be deemed to
include any driving strap or band.

s. 6.

7. Where an inspector considers that in a factory or workshop Fencing of a vat pan or other structure, which is used in the process or handi- dangerous craft carried on in such factory or workshop, and near to or over tures of which children or young persons are liable to pass or to be employed, which notice

vats or struc