Factories Bill

Every part of the transmission machinery shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced.

Efficient devices or appliances shall be provided and maintained in every room or place where work is carried on by which the power can promptly be cut off from the transmission machinery in that room or place.

Every machine intended to be driven by mechanical power shall be provided with an efficient starting and stopping appliance, the control of which shall be in such a position as to be readily and conveniently operated by the person operating the machine.

No driving-belt when not in use shall be allowed to rest or ride upon a revolving shaft which forms part of the transmission machinery.

Suitable striking gear or other efficient mechanical appliances shall be provided and maintained and used to move driving-belts to and from fast and loose pulleys which form part of the transmission machinery and any such gear or appliances shall be so constructed, placed and maintained as to prevent the driving-belt from creeping back on to the fast pulley.

The Chief Inspector may by certificate in writing grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of subsections (2) to (5) of this section in any case where he is satisfied that compliance with the requirement is unnecessary or impracticable.

Every dangerous part of any machinery, other than prime movers and transmission machinery, shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced except that, in so far as the safety of a dangerous part of any machinery cannot by reason of the nature of the operation be secured by means of a fixed guard, the requirements of this subsection shall be deemed to have been complied with if a device is provided which automatically prevents the operator from coming into contact with that part.

Any part of a stock-bar which projects beyond the headstock of a lathe shall be securely fenced unless it is in such a position as to be as safe to every person employed or working on the premises as it would be if securely fenced.

In determining for the purposes of sections 18 to 22 of this Act, whether any part of machinery is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced —

Subsection (1) of this section shall only apply where —

In the case of any machine in a factory being a machine intended to be driven by mechanical power —

Any person who sells or lets on hire, or as agent of the seller or hirer causes or procures to be sold or let on hire, for use in a factory in Singapore any machine to be driven by mechanical power which does not comply with the requirements of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars.

The Minister may by order to be published in the Gazette extend the provisions of subsections (2) and (3) of this section to machinery or plant which does not comply with such requirements of this Act or of any regulation made thereunder as may be specified in the order, and any order made under this subsection may relate to machinery or plant in a specified process.

Nothing in this section shall apply to any machine constructed before the 1st day of June 1960.

Every fixed vessel, structure, sump or pit of which the edge is less than one metre above the highest ground or platform from which a person might fall into it shall, if it contains any scalding, corrosive or poisonous liquid, either be securely covered or be securely fenced to at least one metre above that ground or platform, or where by reason of the nature of the work neither secure covering nor secure fencing to that height is practicable, all practicable steps shall be taken by covering, fencing or other means to prevent any person from falling into the vessel, structure, sump or pit.

Where any fixed vessel, structure, sump or pit contains any scalding, corrosive or poisonous liquid but is not securely covered, no ladder, stair or gangway shall be placed above, across or inside it which is not —

Where any such vessel, structure, sump or pit as is mentioned in subsection (2) of this section adjoins, and the space between them, clear of any surrounding brick or other work, is less than five hundred millimetres in width or is not securely fenced on both sides to a height of at least one metre, secure barriers shall be so placed as to prevent passage between them.

For the purposes of this section a ladder, stair or gangway shall not be deemed to be securely fenced unless it is provided either with sheet fencing or with an upper and a lower rail and toe boards.

In respect of any such vessel, structure, sump or pit, a warning notice indicating the nature of the danger and in a form readily understood by persons employed in the factory shall be marked on or attached to the vessel, structure, sump or pit, or, if this is not reasonably practicable, be posted nearby.

The Chief Inspector may by order published in the Gazette extend any of the provisions of this section so as to make them applicable —

The Chief Inspector may by order published in the Gazette exempt from the requirements of this section any class of vessel, structure, sump or pit in the case of which he is satisfied that the requirements are unnecessary or impracticable.

No traversing part of any self-acting machine and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed on its outward or inward traverse to run within a distance of five hundred millimetres from any fixed structure not being part of the machine.

All practicable steps shall be taken by instructions to the person in charge of the machine and otherwise to ensure that no person employed shall be in the space between any traversing part of a self-acting machine and any fixed part of the machine towards which the traversing part moves on the inward run, except when the machine is stopped with the traversing part on the outward run.

Every hoist or lift shall be of good mechanical construction, sound material and adequate strength, and be properly maintained.

Every hoist or lift shall be thoroughly examined at least once in every period of six months by an approved person and a report of the result of every such examination in the prescribed form shall be prepared in duplicate signed by the person making the examination. A copy of such report shall be handed to the occupier of the factory, and the other copy shall within twenty-eight days of the completion of the examination be sent to the Chief Inspector, but where the examination shows that the hoist or lift cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time, the approved person shall forthwith send a copy of his report to the Chief Inspector.

Every hoistway or liftway shall be efficiently protected by a substantial enclosure fitted with gates, being such an enclosure as to prevent, when the gates are shut, any person falling down the way or coming into contact with any moving part of the hoist or lift.

Any such gate as aforesaid shall be fitted with efficient interlocking or other devices to secure that the gate cannot be opened except when the cage or platform is at the landing and that the cage or platform cannot be moved away from the landing until the gate is closed.

Every hoist or lift and every such enclosure as aforesaid shall be so constructed as to prevent any part of any person or any goods carried in the hoist or lift being trapped between any part of the hoist or lift and any fixed structure or between the counterbalance weight and any other moving part of the hoist or lift.

There shall be marked conspicuously on every hoist or lift the maximum working load which it can safely carry, and no load greater than that load shall be carried on any hoist or lift.

The following additional requirements shall apply to hoists and lifts used for carrying persons, whether together with goods or otherwise: —

In the case of a hoist or lift not connected with mechanical power —

Every hoistway or liftway inside a building constructed or reconstructed after the 1st day of June 1960 being a hoistway or liftway which passes through two or more floors, shall, subject as hereinafter in this subsection provided, be completely enclosed with fire-resisting materials, and all means of access to the hoist or lift shall be fitted with doors of fire-resisting materials except that any such hoistway or liftway shall be enclosed at the top only by some material easily broken in case of fire, or be provided with a vent at the top.

For the purposes of this section, no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage the direction of movement of which is restricted by a guide or guides.

If it is shown to the satisfaction of the Minister that it would be unreasonable in the special circumstances of the case to enforce any requirement of this section in respect of any class or description of hoist, lift, hoistway or liftway, he may by order direct that such requirement shall not apply as respects that class or description.

No lifting gear of whatever material shall be used unless it is of good construction, sound and suitable material, adequate strength, and free from patent defect, and is properly maintained.

No lifting gear shall be used unless it has been tested and examined by or on behalf of the manufacturer or by an approved person and a certificate of such test and examination, specifying the safe working load and signed by or on behalf of the manufacturer or by the approved person, has been obtained and is kept available for inspection.

Every lifting gear shall be thoroughly examined at least once in every period of twelve months by an approved person and a report of the result of every such examination in the prescribed form shall be prepared in duplicate and signed by the person making the examination. One copy of such report shall be handed to the occupier of the factory and the other copy shall within twenty-eight days of the completion of the examination be sent to the Chief Inspector.

The provisions of subsection (2) of this section as to testing and examining shall not apply to fibre ropes or fibre rope slings.

Every lifting gear, except a rope or a rope sling, shall, unless of a class or description exempted by the Chief Inspector by notification published in the Gazette, be annealed at least once in every twelve months or, in the case of chains used in connection with molten metal or molten slag, in every six months, so however that lifting gear not in regular use need be annealed only when necessary.

No lifting gear shall be loaded beyond its safe working load except by an approved person or an inspector for the purpose of testing such gear.

An inspector may at any time test any lifting gear and may prohibit its further use if not satisfied that it is safe for the use to which it is put.

Neither the Government nor any inspector or approved person shall be liable for any damage done to any lifting gear in the course of any test.

No lifting appliance or lifting machine shall be used unless —

Every lifting appliance and every lifting machine shall be thoroughly examined at least once in every period of twelve months by an approved person and a report of the result of such examination in the prescribed form shall be prepared in duplicate and signed by the person making the examination. One copy of such report shall be handed to the occupier of the factory and the other copy shall within twenty-eight days of the completion of the examination be sent to the Chief Inspector, but where the examination shows that the lifting appliance or lifting machine cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time, the approved person shall forthwith send a copy of his report to the Chief Inspector.

Every crane, crab and winch shall be provided with a readily accessible and efficient brake or other safety device which will prevent the fall of the load when suspended and by which the load can be effectively controlled while being lowered. Every hand winch shall be fitted with an efficient pawl capable of sustaining the safe working load.

Every lifting appliance and every lifting machine shall be plainly marked with its safe working load or loads and a distinctive number or other means of identification except that, in the case of a jib crane so constructed that the safe working load may be varied by the raising or lowering of the jib there shall be attached thereto so as to be clearly visible to the driver an accurate indicator showing the radius of the jib at any time and the safe working load corresponding to that radius.

No lifting appliance and no lifting machine shall be loaded beyond its safe working load except by an approved person or an inspector for the purpose of testing such appliance or machine.

No lifting appliance having a safe working load of more than one hundred and fifty kilogrammes and no lifting machine shall be used unless it has been thoroughly examined by an approved person within an appropriate period determined by its construction and conditions of service so however that no such period shall exceed twelve months, and the particulars of that examination have been entered in the register kept in pursuance of section 32 of this Act.

Every lifting appliance and every lifting machine shall be adequately and securely supported and every rope, chain or wire and every part of a stage, framework or other structure and every mast, beam, pole or other article of plant supporting any part of a lifting appliance or lifting machine shall be of good construction, sound material and adequate strength having regard to the nature of the lifting appliance, its lifting and reaching capacity and the circumstances of its use.

All rails on which a travelling crane moves and every track on which the carriage of a transporter or runway moves shall be of proper size and adequate strength, and have an even running surface; and all such rails or track shall be properly laid, adequately supported or suspended, and properly maintained.

If any person is employed or working on or near the wheel tracks of an overhead travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken to ensure that the crane does not approach within six metres of that place.

If any person is employed or working otherwise than mentioned in subsection (9) of this section but in a place above floor level where he would be liable to be struck by an overhead travelling crane, or by any load carried by such crane, effective measures shall be taken to warn him of the approach of the crane, unless his work is so connected with or dependent on the movements of the crane as to make a warning unnecessary.

A lifting machine shall not be operated except by a person trained and competent to operate that machine but it shall be permissible for such machine to be operated by a person who is under the direct supervision of a qualified person for the purpose of training; no person, however, under eighteen years of age shall be employed to operate any lifting machine driven by mechanical power or to give signals to the operator of any such machine.

An inspector may at any time test any lifting appliance or lifting machine and may prohibit its further use if not satisfied that it is safe for the use to which it is being put.

Neither the Government nor any inspector or approved person shall be liable for any damage done to any lifting appliance or lifting machine in the course of any test.

All floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained and shall, so far as is reasonably practicable, be kept free from any obstruction and from any substance likely to cause persons to slip.

All openings in floors shall be securely fenced except in so far as the nature of the work renders such fencing impracticable.

There shall, so far as is reasonably practicable be provided and maintained safe means of access to every place at which any person has at any time to work and every such place shall, so far as is reasonably practicable, be made and kept safe for any person working there.

For every staircase in a building or affording a means of exit from a building, a substantial handrail shall be provided and maintained, which, if the staircase has an open side, shall be on that side, and, in the case of a staircase having two open sides, such a handrail shall be provided and maintained on both sides. Any open side of a staircase shall also be guarded by the provision and maintenance of a lower rail or other effective means.

All ladders shall be soundly constructed and properly maintained.

Sufficient clear and unobstructed space shall be maintained at every machine while in motion to enable the work to be carried on without unnecessary risk.

Where any person is to work at a place from which he will be liable to fall a distance more than three metres, then unless the place is one which affords secure foothold and, where necessary, secure handhold, means shall be provided so far as is reasonably practicable, by fencing or otherwise for ensuring his safety.

Every teagle opening or similar doorway used for hoisting or lowering goods or materials, whether by mechanical power or otherwise, shall be securely fenced, and shall be provided with a secure handhold on each side of the opening or doorway. The fencing shall be properly maintained and shall, except when the hoisting or lowering of goods or materials is being carried on at the opening or doorway, be kept in position.

All goods, articles and substances which are stored or stacked in a factory shall be stored or stacked —

Subject to the provisions of this section, the expression “factory” means any premises in which, or within the close or curtilage or precincts of which, persons are employed in manual labour in any process for or incidental to any of the following purposes, namely: —

Whether or not premises are factories by reason of the foregoing definition, the expression “factory” also includes the following premises in which persons are employed in manual labour, that is to say: —

Any line or siding, which is used in connection with and for the purposes of a factory, shall be deemed to be part of the factory; and if any such line or siding is used in connection with more than one factory belonging to different occupiers, the line or siding shall be deemed to be a separate factory.

Any workplace in which, with the permission of or under agreement with the owner or occupier, ten or more persons carry on any work which would constitute the workplace a factory if the persons working therein were in the employment of the owner or occupier of the workplace, shall be deemed to be a factory for the purposes of this Act, and, in the case of any such workplace, the provisions of this Act shall apply as if the owner or occupier of the workplace were the occupier of the factory and the persons working therein were persons employed in the factory.

No premises shall be deemed to be a factory in which less than ten persons are employed and in which —

Where a place situated within the close, curtilage, or precincts forming a factory is solely used for some purpose other than the processes carried on in the factory, that place shall not be deemed to form part of the factory for the purposes of the Act, but shall, if otherwise it would be a factory, be deemed to be a separate factory.

A part of a factory may, with the approval in writing of the Chief Inspector, be deemed to be a separate factory; and two or more factories may, with the approval in writing of the Chief Inspector, be deemed to be a single factory.

Premises shall not be excluded from the definition of a factory by reason only that they are open air premises.

Any premises belonging to or in the occupation of the Government or of any statutory board or body shall not be deemed not to be a factory, and any premises in which building operations or works of engineering construction are carried on by or on behalf of the Government or any such board or body shall not be excluded from the operation of this Act by reason only that the work carried on thereat is not carried on by way of trade or for purposes of gain.

In this Act, unless the context otherwise requires —

“accident” means any accident resulting in the death or the disablement of any person for more than three days from earning wages at the work at which he is employed;

“air receiver” means —

“approved person” means any person (whether an officer of the Government or not) who is approved by the Chief Inspector by certificate in writing for the purposes of carrying out examinations and tests of hoists and lifts, lifting gear, or lifting appliances and lifting machines, as the case may be, in accordance with and for the purposes of sections 29, 30 and 31 respectively of this Act;

“article” includes any solid, liquid or gas, or any combination thereof;

“authorised boiler inspector” means any person (whether an officer of the Government or not) who is approved by the Chief Inspector, by notification in the Gazette, for the purpose of carrying out examinations and tests of steam boilers, steam receivers, cast-iron underfired vulcanisers, air receivers or refrigerating plant pressure receivers, as the case may be, in accordance with and for the purposes of sections 36, 37, 38, 39 and 40 respectively of this Act;

“bodily injury” includes injury to health;

“building operation” means the construction, structural alteration, repair or maintenance of a building (including repointing, redecoration and external cleaning of the structure), the demolition of a building, and the preparation for, and laying the foundation of, an intended building, but does not include any operation which is a work of engineering construction within the meaning of this Act;

“cast-iron underfired vulcaniser” or “vulcaniser” means either a segment or a multisegment vulcaniser in which steam is generated by means of an external fire;

“certificated steam boiler attendant” means a person possessing such qualification and holding such certificates of competency as may be prescribed who is duly notified to an authorised boiler inspector as being in control of a particular boiler;

“Chief Inspector” means the Chief Inspector appointed under this Act and any other inspector authorised to act on his behalf by the Commissioner;

“class or description”, in relation to factories, includes a group of factories described by reference to locality;

“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act (Cap. 122);

“contravention” includes, in relation to any provision, a failure to comply with that provision, and the expression “contravene” shall be construed accordingly;

“dangerous occurrence” means any occurrence in any of the classes listed in the Fourth Schedule to this Act;

“driving-belt” includes any driving strap, chain or rope;

“fume” includes gas or vapour;

“industrial hygienist” means an industrial hygienist in the employ of the Government;

“inspector” means an inspector appointed under this Act and includes the Chief Inspector, Deputy Chief Inspector and Senior Inspector;

“lifting appliance” means a pulley block, gin wheel, chain block or set of chain blocks;

“lifting gear” means chairs, ropes, chain slings, rope slings, rings, hooks, shackles, swivels or eyebolts;

“lifting machine” means a crane, crab, winch, teagle, runway, transporter or piling frame;

“machinery” includes all oil engines, gas engines, steam engines, and any other machines in which mechanical movement, either linear or rotated or both, takes place, steam boilers, gas cylinders, air receivers, steam receivers, steam containers, cast iron underfired vulcanizers, refrigerating plant pressure receivers, all appliances for transmission of power by ropes, belts, chains, driving straps or bands or gearing, electrical generators and electrical motors; but does not include any machinery used for propulsion of vehicles or office machines;

“maintained” means maintained in an efficient state, in efficient working order and in good repair;

“Malayan Railway” means the railway administered by the government of Malaysia;

“maximum permissible working pressure” means, in the case of a new steam boiler, that specified in the certificate referred to in subsection (12) of section 36 of this Act and, in the case of a steam boiler which has been examined in accordance with the provisions of section 36 of this Act, that specified in the report of the last examination;

“occupier”, in relation to a factory, means a person who occupies or uses premises as a factory;

“owner” means the person for the time being receiving the rents or profits of the premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person or who would so receive the same if the premises were leased;

“Part” means Part of this Act;

“prescribed” means prescribed by the Minister by order or by regulation made under the provisions of this Act;

“pressure vessel” includes a steam boiler, steam receiver, steam container, cast-iron underfired vulcaniser, air receiver, refrigerating plant pressure receiver or gas cylinder;

“prime mover” means every engine, motor or other appliance which provides mechanical energy derived from steam, water, wind, electricity, the combustion of fuel or other source;

“process” includes the use of any locomotive;

“refrigerating plant pressure receiver” means any vessel which contains refrigerant under pressure;

“safe working load” means —

“safe working pressure” means, in the case of a new steam receiver or air receiver or refrigerating plant pressure receiver, that pressure specified in the certificate referred to in subsection (6) of section 37 or subsection (6) of section 39 or subsection (1) of section 40 of this Act and, in the case of a steam receiver or air receiver or refrigerating plant pressure receiver which has been examined in accordance with the provisions of section 37, 39 or 40 of this Act, that pressure specified in the report of the last examination;

“sanitary conveniences” includes urinals, water-closets, earth-closets, privies, ashpits and any similar convenience;

“steam boiler” means any closed vessel in which for any purpose steam is generated under pressure greater than atmospheric pressure, and includes any economiser used to heat water being fed to any such vessel, and any superheater used for heating steam;

“steam container” means any vessel (other than a steam pipe or coil) constructed with a permanent outlet into the atmosphere or into a space where the pressure does not exceed atmospheric pressure, and through which steam is passed at atmospheric pressure, or at approximately that pressure for the purpose of heating, boiling, drying, evaporating or similar purpose;

“steam receiver” means any vessel or apparatus (other than a steam boiler, steam container, steam pipe or coil or a part of a prime mover) used for containing steam under pressure greater than atmospheric pressure;

“transmission machinery” means every shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving-belt or other device by which the motion of a prime mover is transmitted to or received by any machine or appliance;

“work of engineering construction” means the construction of any railway line or siding, and the construction, structural alteration or repair (including repointing and repainting) or the demolition of any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipe-line, aqueduct, sewer, sewerage works, or gas-holder, and shall include such other works as may be specified by the Minister by order, published in the Gazette.

For the purposes of this Act, machinery or plant shall be deemed to have been constructed or reconstructed before the 1st day of June 1960, or the making of the rules or regulations under this Act, and a factory or building shall be deemed to have been constructed, reconstructed, extended, added to or converted for use as a factory before the commencement of this Act, if the construction, reconstruction, extension, addition or conversion was begun before the 1st day of June 1960, or the making of the rules or regulations under this Act, as the case may be.

For the purposes of this Act, mechanical power shall not be deemed to be used in a factory by reason only that mechanical power is used for the purpose of heating, ventilating or lighting the workrooms or other parts of the factory.

For the purposes of this Act, an apprentice shall be deemed to be a person employed.

The Chief Inspector shall keep a register of factories, in which shall be entered such particulars in relation to every factory required to be registered under the provisions of this Act as the Chief Inspector may consider necessary and desirable.

The Chief Inspector may vary or delete an entry in the register of factories in relation to any premises where he is satisfied that such variation or deletion is necessary to maintain the accuracy of the record.

Any person who occupies or uses any premises as an unregistered factory shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment and, in the case of a continuing offence, to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding seven days or to both such fine and imprisonment for every day during which the offence is continued after conviction.

An application for the registration of a factory shall be in the appropriate form set out in the First Schedule to this Act and shall, not less than two months before the operation of the factory, be submitted to the Chief Inspector together with a layout plan of the factory and such other particulars as the Chief Inspector may require.

The Chief Inspector shall, upon receipt of such application and on being satisfied that the premises are suitable for use as a factory of the nature stated in the application, cause the factory to be registered and shall, on payment of the prescribed fee, issue to the occupier a certificate of registration in the form set out in the Second Schedule to this Act.

A certificate of registration shall, unless otherwise stated on the certificate or revoked by the Minister pursuant to this Act, expire at the end of one year from the date of its issue.

The Chief Inspector may instead of issuing a certificate of registration under the provisions of subsection (3) of this section issue to the occupier a permit in the form set out in the Second Schedule to this Act in respect of the whole or any specified part of the premises to be valid for a period stated in the permit, and subject to such conditions as the Chief Inspector may specify.

The Chief Inspector may, on payment of the prescribed fee, renew a certificate of registration or extend the period of a permit.

Where the Chief Inspector is satisfied that there has been a contravention of any condition subject to which a permit has been issued in respect of any factory he may, by giving not less than one month’s notice in writing to the occupier of the factory, cancel such permit and on the expiration of such notice the permit shall, subject to subsection (8) of this section, cease to be in force.

An occupier of a factory or proposed factory who is aggrieved by the refusal of the Chief Inspector to register any premises as a factory or to renew the registration of any premises as a factory, or by the cancellation of a permit in respect of a factory, may, within twenty-one days after the refusal or cancellation is notified to him, appeal to the Minister whose decision thereon shall be final.

Where an appeal under subsection (8) of this section is instituted in respect of a registered factory then pending the determination of the appeal the registration of the factory shall continue to remain in force.

Where any person other than the person named in a certificate or permit as the occupier of a factory becomes the occupier thereof the person so named in the certificate or permit shall serve on the Chief Inspector a written notice of the change of occupancy within fourteen days after such change and if no such notice is served the person named in such certificate or permit shall be deemed to be the occupier of such factory and shall be subject to all the provisions of this Act.

Where in any registered factory there is a change in the nature of the work carried on for which the premises have been registered, or where there is any structural change or any change in the layout of the factory, the occupier shall, not less than one month before the commencement of such change, give written notice thereof to the Chief Inspector and if the occupier fails to do so he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand dollars.

Where it appears to the Minister that, in the case of temporary factories of any class or description, it is unnecessary to apply the provisions of this section he may, if he thinks fit, by order exempt such temporary factories from the provisions of this section.

If, in the opinion of an inspector, any registered factory is by reason of —

The occupier may, within seven days of service of the notice, appeal to the Minister whose decision thereon shall be final.

Where requirements have been specified by the Chief Inspector or the Minister pursuant to this section in respect of a factory and the occupier of the factory fails to comply with such requirements the Minister may revoke the registration of the factory.

“certificate” means certificate of registration issued under section 9 of this Act;

“permit” means provisional factory permit issued under section 9 of this Act;

“registered factory” means a factory in respect of which a certificate or permit is for the time being in force;

“unregistered factory” means a factory which is not a registered factory.

Every factory shall be kept in a clean state, and free from effluvia arising from any drain, sanitary convenience or other nuisance, and, without prejudice to the generality of the foregoing provision —

Where it appears to the Minister that in any class or description of factories or parts thereof any of the provisions of subsection (1) of this section are not required for the purpose of keeping the factories in a clean state, or are by reason of special circumstances inappropriate or inadequate for such purpose, he may, if he thinks fit, by order to be published in the Gazette direct that those provisions shall not apply to factories, or parts of factories, of that class or description or shall apply as varied by the order.

A factory shall not, while work is carried on, be so overcrowded as to cause risk of injury to the health of the persons employed therein.

Without prejudice to the generality of subsection (1) of this section, a factory shall be deemed to be so overcrowded as aforesaid if the number of persons employed at a time in any workroom is such that the amount of cubic space allowed for every person employed in the room is less than eleven and a half cubic metres.

Every workroom shall be not less than three metres in height measured from the floor to the lowest point of the ceiling or, where there is no ceiling, to the lowest point of the roofing material.

If the Chief Inspector is satisfied that owing to the special conditions under which the work is carried on in any workroom the application of the provisions of subsections (2) and (3) of this section to that workroom would be inappropriate or unnecessary, he may by certificate in writing exempt the workroom from those provisions subject to any conditions specified in the certificate.

In calculating for the purposes of this section the amount of cubic space in any room, no space more than four metres from the floor shall be taken into account, and where a room contains a gallery, the gallery shall be treated for the purposes of this section as if it were partitioned off from the remainder of the room and formed a separate room.

Effective provision shall be made for securing and maintaining sufficient and suitable lighting, whether natural or artificial, in every part of a factory in which persons are working or passing.

All glazed windows and skylights used for the lighting of workrooms shall, so far as practicable, be kept clean on both the inner and outer surfaces and free from obstruction but this subsection shall not affect the white-washing or shading of windows and skylights for the purpose of mitigating heat or glare.

There shall be provided and maintained at suitable points conveniently accessible to all persons employed an adequate supply of wholesome drinking water from a public main.

A supply of drinking water which is not laid on shall be contained in suitable vessels and all practical steps shall be taken to preserve the water and vessels from contamination.

There shall be provided and maintained for the use of employed persons adequate and suitable facilities for washing which shall include a supply of clean water and, in addition, soap and clean towels or other suitable means of cleaning or drying; and the facilities shall be conveniently accessible and shall be kept in a clean, safe and orderly condition.

There shall be provided and maintained for the use of employed persons adequate and suitable accommodation for clothing not worn during working hours.

There shall be provided and maintained so as to be readily accessible a first-aid box or cupboard of such standard as may be prescribed from time to time.

Nothing except appliances or requisites for first aid shall be kept in a first-aid box or cupboard.

Each first-aid box or cupboard shall be placed under the charge of a responsible person who shall, in the case of a factory where more than twenty-five persons are employed, be trained in first-aid treatment, and the person in charge shall always be readily available during working hours. A notice shall be affixed in every workroom stating the name of the person in charge of the first-aid box or cupboard provided in respect of that room.

In every factory, where more than five hundred persons are employed, there shall be provided and maintained a first-aid room of such standard as may be approved by the Chief Inspector.

If a first-aid room is provided at the factory and such arrangements are made as to ensure the immediate treatment there of all injuries occurring in the factory, the Chief Inspector may by certificate exempt the factory from the requirements of subsections (1), (2) and (3) of this section to such extent and subject to such conditions as he may specify in the certificate.

In every factory in which, in connection with any process carried on, there is given off any dust or fume or other impurity of such a character and to such extent as to be likely to be injurious or offensive to the persons employed, or any substantial quantity of dust of any kind, all practicable measures shall be taken to protect the persons employed against inhalation of the dust or fume or other impurity and to prevent its accumulating in any workroom, and in particular, where the nature of the process makes it practicable, exhaust appliances shall be provided and maintained, as near as possible to the point of origin of the dust or fume or other impurity, so as to prevent it entering the air of any workroom.

No stationary internal combustion engine shall be used unless provision is made for conducting the exhaust gases from the engine into the open air.

The atmosphere of any work room in which dangerous or obnoxious substances are manufactured, handled, or used shall be tested at sufficient intervals to ensure that toxic or irritating dusts, fumes, gases, fibres, mist or vapours are not present in quantities liable to injure health of persons employed.

The occupier of a factory shall place warning notices in places where there are special risks to which the persons employed are exposed and the precautions to be taken to obviate such risks.

The Minister may by order published in the Gazette specify the permissible levels of toxic substances in the working room of a factory.

Where in any room any poisonous or otherwise injurious substance is so used as to give rise to any dust or fume, a person shall not be permitted to partake of food or drinks in that room or to remain in that room during the intervals allowed to him for meals or rest and no food or drinks shall be kept in or conveyed through that room at any time.

Suitable facilities shall be made for enabling the persons employed in any such room as is mentioned in subsection (1) of this section to take their meals elsewhere in the factory.

Where in any factory workers are employed in any process involving exposure to wet or to excessive temperature or noise or to any injurious or offensive substance, suitable protective clothing and appliances, including where necessary suitable gloves, footwear, goggles, ear mufflers and head coverings, shall be provided and maintained for the use of such workers.

Where in any factory persons are employed in any process involving the hazard of flying or falling objects or substances, approved head protections shall be provided and maintained for the use of such persons.

Where there is risk of injury from hair entanglement in moving parts of machinery, head covering shall be provided to confine the hair of persons employed who are exposed to such risks.

Hand protection shall be provided for persons employed in any factory who regularly expose their hands to cuts or burns.

Foot protection shall be provided for persons employed in any factory who are exposed to foot injury from hot, corrosive substances or falling objects.

The Minister may, by notification in the Gazette, specify the type of approved clothing and appliances for the purpose of this section.