A.D. 1878. See 37 & 39 s. 15. Obtaining of school attendance cer tificate by occupier of factory or workshop. (3.) An attendance for the purposes of this section shall be an Provided that (a.) A child shall not be required by this Act to attend school on Saturday or on any holiday or half holiday allowed under this Act in the factory or workshop in which the child is employed; and 10 (b.) The non-attendance of the child shall be excused on every (c.) Where there is not within the distance of two miles, measured under this section. A child who has not in any week attended school for all the attendances required by this section shall not be employed in the 30 following week, until he has attended school for the deficient number of attendances. The Education Department shall from time to time, by the publication of lists or by notices or otherwise as they think expedient, provide for giving to all persons interested information of the 35 schools in each school district which are recognised efficient schools. 24. The occupier of a factory or workshop in which a child is employed shall on Monday in every week (after the first week in which such child began to work therein), or on some other day appointed for that purpose by an inspector, obtain from the teacher 40 of the recognised efficient school attended by the child, a certificate (according to the prescribed form and directions) respecting the A.D. 1878. attendance of such child at school in accordance with this Act. See 7&8Vict. The employment of a child without obtaining such certificate as c. 15. s. 39. is required by this section shall be deemed to be employment of a 5 child contrary to the provisions of this Act. The occupier shall keep every such certificate for two months after the date thereof if the child so long continues to be employed in his factory or his workshop, and shall produce the same to an inspector when required during that period. 30 & 31 Vict. c. 146. s. 16. 37 & 38 Vict. c. 44. s. 6. 39 & 40 Vict. c. 79. s. 8. 10 25. The board authority or persons who manage a recognised Payment by efficient school attended by a child employed in a factory or work- occupier on application shop, or some person authorised by such board authority or person, of sum for may apply in writing to the occupier of the factory or workshop schooling of child, and to pay a weekly sum specified in the application, not exceeding one deduction of 15 twelfth part of the wages of the child, and after that application wages. c. 146. s. 17. the occupier, so long as he employs the child, shall be liable to pay See to the applicants, while the child attends their school, the said 30 & 31 Vict. weekly sum, and the sum may be recovered as a debt, and the occupier may deduct the sum so paid by him from the wages pay20 able for the services of the child. 7 & 8 Vict. c. 15. s. 39. 26. When a child of the age of thirteen years has obtained from Employment a person authorised by the Education Department a certificate of as young having attained such standard of proficiency in reading writing child of 13 person of and arithmetic, or of previous due attendance at a certified efficient obtaining 25 school, as herein-after mentioned, that child shall be deemed to be a certificate. young person for the purposes of this Act. The standards of proficiency and due attendance for the purposes of this section shall be such as may be from time to time fixed for the purposes of this Act by a Secretary of State, with the consent 30 of the Education Department, and the standards so fixed shall be published in the London Gazette, and shall not have effect until the expiration of at least six months after such publication. Attendance at a certified day industrial school shall be deemed for the purposes of this section to be attendance at a certified efficient 35 school. (6.) Certificates of Fitness for Employment. educational See 37 & 38 s. 12. 39 & 40 Vict. c. 79. ss. 5, 8, 48. Certificate of employment fitness for of children and young persons 27. In a factory a child or a young person under the age of sixteen years shall not be employed for more than seven, or if the certifying surgeon for the district resides more than three 40 miles from the factory thirteen, work days, unless the occupier under sixteen of the factory has obtained a certificate, in the prescribed form, of See 3&4 Will.4. c. 103. A.D. 1878. the fitness of such child or young person for employment in that 7 & 8 Vict. e. 15. ss. 9-17, 29. Schedule A. 30 & 31 Vict. c. 103. Certificate of fitness for employment of children and young persons under 16 in workshops. Power of inspector to require sur gical certificate of capacity of child or young factory. A certificate of fitness for employment for the purposes of this Act shall be granted by the certifying surgeon for the district, and shall be to the effect that he is satisfied, by the production of 5 a certificate of birth or other sufficient evidence that the person named in the certificate of fitness is of the age therein specified and has been personally examined by him and is not incapacitated by disease or bodily infirmity for working daily for the time allowed by law in the factory named in the certificate. 10 28. In order to enable occupiers of workshops to better secure the observance of this Act, and prevent the employment in their workshops of children and young persons under the age of sixteen years who are unfitted for that employment, an occupier of a workshop is hereby authorised to obtain, if he thinks fit, from the 15 certifying surgeon for the district, certificates of the fitness of children and of young persons under the age of sixteen years for employment in his workshop, in like manner as if that workshop were a factory, and the certifying surgeon shall examine the children and young persons, and grant certificates accordingly. 20 29. Where an inspector is of opinion that a child or a young person under the age of sixteen years is by disease or bodily infirmity incapacitated for working daily for the time allowed by law in the factory or workshop in which he is employed, he may serve written notice thereof on the occupier of the factory or workshop, 25 person under and the occupier shall not continue for more than seven days after the service of such notice to employ such child or young person (notwithstanding a certificate of fitness has been previously obtained for such child or young person), unless the certifying surgeon for the district has, after the service of the notice, per- 30 sonally examined such child or young person and has certified that such child or young person is not so incapacitated as aforesaid. 16 for work. See 7 & 8 Vict. c. 15. s. 14. Supple mental pro visions as to 30. All factories and workshops in the occupation of the same occupier, and in the district of the same certifying surgeon, or any certificates of of them, may be named in the certificate of fitness for employment, 35 if the surgeon is of opinion that he can truly give the certificate for employment therein. fitness for employment. See 7 & 8 Vict. c. 15. ss. 16, 27. The certificate of birth (which may be produced to a certifying surgeon) shall either be a certified copy of the entry in the register of births, kept in pursuance of the Acts relating to the registration 40 of births, of the birth of the child or young person (whether such copy be obtained in pursuance of the Elementary Education Act 1876 or otherwise), or be a certificate from a local authority within A.D. 1878. the meaning of the Elementary Education Act 1876, to the effect 39 & 40 Vict. that it appears from the returns transmitted to such authority in c. 79. s. 25. pursuance of the said Act by the registrar of births and deaths that 5 the child was born at the date named in the certificate. Where a certificate of fitness for employment is to the effect that the certifying surgeon has been satisfied of the age of a child or young person by evidence other than the production of a certificate of birth, an inspector may, by notice in writing, annul the surgeon's 10 certificate, if he has reasonable cause to believe that the real age of the child or young person named in it is less than that mentioned in the certificate, and thereupon that certificate shall be of no avail for the purposes of this Act. When a child becomes a young person a fresh certificate of fitness 15 must be obtained. 20 25 30 The occupier shall, when required, produce to an inspector at the 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 required to obtain under this Act. (7.) Accidents. 31. Where there occurs in a factory or a workshop any accident Notice of which either accidents causing death (a.) causes loss of life to a person employed in the factory or or bodily (b.) causes bodily injury to a person employed in the factory or in written notice of the accident shall forthwith be sent 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, 35 and if such notice is not sent the occupier of the factory or workshop shall be liable to a fine not exceeding five pounds. injury. 7 Vict. c. 15. ss. 22, 64. c.103,sch.19. 34 & 35 Vict. 30 & 31 Vict. c. 104. s. 7. c. 103. If any such accident as aforesaid occurs to a person employed See in an iron mill or blast furnace, the actual employer of the person 30 & 31 Vict. killed or injured shall immediately report the same to the occupier, Sch. 19. 40 and in default shall be liable to a fine not exceeding five pounds. A.D. 1878. A notice of an accident, of which notice is required by section 38 & 39 Vict. sixty-three of the Explosives Act 1875 to be sent to a government inspector, need not be sent to the certifying surgeon in of this section. c. 17. 4 Investigation on accidents pursuance 32. Where a certifying surgeon receives in pursuance of this 5 of and report Act notice of an accident in a factory or a workshop, he shall by certifying send a copy of such notice to an inspector by the first post surgeon. after the receipt thereof, and with the least possible delay pro7 Vict. c. 15. ceed to the factory or workshop, and make a full investigation as to the nature and cause of the death or injury caused by that 10 accident, and within the next twenty-four hours send to the inspector a report thereof. s. 23. 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 15 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. 20 Limewash ing and washing of 7 Vict. c. 15. 8. 18. PART II. SPECIAL PROVISIONS RELATING TO PARTICULAR CLASSES OF (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, the interior of all the inside walls of the rooms of a factory or workshop, and factories and all the ceilings or tops of such rooms (whether such walls, ceilings, workshops. or tops be plastered or not), and all the passages and staircases of 30 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 the period when last limewashed; and if they have been so painted or varnished, 30 & 31 Vict. shall be washed with hot water and soap once at least within every 35 c. 103. sch. 9. fourteen months, to date from the period when last washed. 27 & 28 Vict. (7.) c. 48. s. 6. 33 & 34 Vict. c. 62. s. 4. 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. |