FACTORIES AND SHOP S ACT-1890

F A C T O R I E S A N D S H O P S . 1199 ,

FACTORIES AND SHOPS ACT-1890.

An Act to consolidate the Law relating to the super- 54 VICTORIA,

vision and regulation of Factories and Workrooms -— and the limitation of the Hours of Trading in S h o p S - [10th July, 1890.]. *

BE i t enacted by the Queen's Most Excellent Majesty by and with "The Factories the advice and consent of the Legislative Council and the Legis- %m%h°1"'Ml

lative Assembly of Victoria in this present Par l iament assembled and by the authority of the same as follows ( tha t is to say) :—

1. This Act may be cited as the Factories and Shops Act 1890, short uue and shall come into operation on the first day of August One thousand SSk>™ent

eight hundred and ninety, and is divided into Parts as follows :— PART I.—Introductory ss. 3 and 4. PART II.—Inspectors Certifying Surgeons and Registration ss.

5-14. PAET III.—Regulation ss. 15-18. PAET IV.—Sanitary Provisions ss. 19-27. PAET V.—Age of persons employed ss. 28-36. PAET VI.—Machinery ss. 37-45. PAET VII.—Closing of Shops ss. 46-49. PART VIII.—Fines and Penalties ss. 50-62. PAET IX.—Miscellaneous s. 63.

2 . The Acts mentioned in the Fi rs t Schedule to this Act to the Repeal, extent to which the same are thereby expressed to be repealed are Fir8t SoheduIe-hereby repealed. Provided tha t such repeal shall not affect any rule regulation appointment by-law order registration application declaration ' or award made, or any petition presented, or any notice notification permit or certificate given, or any licence granted, or any fee fixed, or any resolution passed, or any information laid, or any arbitration entered into, or any division in force under the said Acts or either of them before the commencement of this Act.

P A R T I .—INTRODUCTORY.

3 . I n the construction and for the purposes of this Act, the follow- interpretation. ing terms shall if not inconsistent with the context or subject-matter ">• «•3-

1200. FACTORIES AND SHOPS ACT 1890.. [54 VICT.

" The Factories and Shops Act 1885."

have say):-

the

" Board." u " Certifying Medical Practitioner."

a

" Chief Inspector."

It

"Child.1 a

"Closed." a

" Council." u

"Factory or workroom."

tt

" The Factories and Shops • Amend. Act 1887 " ». 3.

" Inspector."

" Minister."

"Shop." •

" Shopkeepers."

the respective meanings hereby assigned to them (that is to

Board " shall mean the Board of Public Health: Certifying medical practitioner " shall mean any legally quali

fied medical practitioner who is authorized by the Minister to grant certificates under the authority of this Act:

Chief inspector" shall mean the chief inspector of factories workrooms and shops appointed-under the authority of this Act:

Child " shall mean a person under the age of thirteen years : Closed," with reference to shops, shall mean that goods are no

longer offered for sale: Council" shall mean the council of any city town borough or

shire: Factory or workroom " shall mean any office building or place

in which six or more persons are engaged directly or indirectly in working for hire or reward in any handicraft or in preparing or manufacturing articles for trade or sale and any office building or place in which Chinese are engaged directly or indirectly in working for hire or reward in any handicraft or in preparing or manufacturing articles for trade or sale, and any office building or place in which steam or other mechanical power is used, but shall not include any dwelling office building or place in which the persons engaged in working are shown to the satisfaction of the chief inspector to be all members of the same family nearly related one to the others by blood or marriage and in which steam or other mechanical power is not used nor any dwelling office building or place in which the employment is not carried on for more than three months in any year :

• But where the operations of any manufacturer are carried on for safety or convenience in several adjacent buildings grouped together in one enclosure these shall be classed and included as one factory for the purpose of registration and for the computation of registration fees :

Inspector " shall mean an inspector of factories workrooms and shops appointed under the authority of this Act and shall include the chief inspector:

Minister " shall mean the responsible Minister of the Crown for the time being administering this Act:

Shop" shall mean any building or portion of a building or place in which goods are exposed or offered for sale by retail:

Shopkeeper " shall mean the occupier of a shop.

This Act not to 4. Subject to any order of the Governor in Council in force at the fTcPtwite°s0&ctain commencement hereof this Act shall not apply to any factories work-Ib. s. 1. rooms or shops other than such as are situated within any city town or

borough. Provided that the Governor in Council may from time to time and at any time make an order extending the provisions of this Act which relate to factories and workrooms to any one or more ridings of any shire or to the whole of any shire if the council thereof jhave passed a resolution praying that such order may be made. Provided

No. 1091.] FACTORIES AND SHOPS ACT 1890. 1201

also that he may make an order extending the provisions of this Act "The Factoriea which relate to shops to any particular class of shops in any one or' i%£J-hops

more riding or ridings or to the whole of any shire if the majority of the shopkeepers keeping shops of that particular class in the locality to be affected have petitioned for and the council of the shire have passed a resolution praying for the same.

PART II.—INSPECTORS CERTIFYING SURGEONS AND REGISTRATION.

5. Subject to the provisions of the Public Service Act 1890 the Anointment of Governor in Council may from time to time appoint a chief inspector

and inspectors.

of factories workrooms and shops and so many inspectors of the same n>- «• *• as may appear necessary for the carrying into effect of this Act, and may from time to time remove such chief inspector or such inspectors.

The chief inspector shall have assigned to him an office in Melbourne.

The Minister may for the purposes of this Act divide Victoria into Districts. such and so many districts as he thinks fit and allot or assign one or more districts to one or more inspectors.

6. The Minister may from time to time on the recommendation of certifying the Board appoint any persons being legally qualified medical practi- petitioners. tioners to be certifying medical practitioners for the purposes of this Act a- s. s. and may allot or assign one or more districts under this Act to one or more certifying medical practitioners, and the Minister may from time to time remove any persons so appointed.

7 . E v e r y p e r s o n Registration of going into occupation of any factory or workroom after the com- r̂krMms.

mencement of this Act shall within fourteen days of such n>.». e. going into occupation; or awl2^0''

in occupation of any building or place which after the commencement of this Act becomes for the first time or after a period of disuse again becomes a factory or workroom shall within fourteen days of such building or place becoming or again becoming a factory or workroom—

serve on the chief inspector at his office a written notice in such form as may be prescribed by regulations for the time being in force hereunder and containing particulars of the name and a description of his factory or workroom, the place where it is situate, the nature of the work carried on or to be carried on therein, a description of the motive power (if any) therein, and the name of the firm under which the business of the factory or workroom is carried on, and such other particulars as may be required by the regulations to be made under the provisions of this Act, and in default shall be liable to a fine not exceeding Ten pounds; and if it be shown that all the requirements of this Act have been fulfilled, the chief inspector shall issue under his hand a certificate of registration of such factory or workroom on payment of the registration fee as hereinafter provided.

__ New ftWjfcories

8. Every person who is in occupation of any building or place and workrooms which after the commencement of this Act is about to become for the by the council

first time or after a period of disuse is about to again become a factory „jj££e being

or workroom shall before the same is used as such forward to the office j&. „. 7.

1202 FACTOKIES AND S H O P S ACT 1890; ' [54 VICT.

"The Factories of the council for the district a complete plan of such building or place i885."Aoi» Act t 0 g e t a e r ^ t h particulars of the same to the satisfaction of such council,

and such building or place shall not be registered as a factory or workroom until such council has in writing approved of such building or place as suitable for a factory or workroom, or has within ten days after the receipt of such plan and particulars omitted to notify to such person any objection thereto. The powers and authority by this section conferred upon councils shall be exercised subject to and in accordance with regulations made by the Board and which the Board is hereby authorized to make and at any time alter or repeal.

Register. 9. Every factory or workroom of which particulars are forwarded ib.«. 8. to the chief inspector as hereinbefore provided shall on payment by the

occupier thereof or by the employer of the persons working therein (hereinafter termed the " occupier ") of the registration fee for the year in which the same is registered be registered in a register to be kept for that purpose in the office of the chief inspector, and in such register shall also be entered all the particulars which are by this Act directed to be forwarded to the chief inspector together with such other par-; ticulars as may from time to time be deemed necessary by the Minister

, or chief inspector. Provided that nothing in this section contained shall be deemed to require or authorize an entry in such register of any particulars other than those required by this Act or by regulations made hereunder to be forwarded to the chief inspector prior to the registration of any such factory or workroom.

Registration fee. 10. The registration fee to be paid in respect of every factory or Scond workroom shall be that in the Second Schedule hereto mentioned, and schedule. shall in each and every year be paid on or before the thirty-first day of

January by the occupier of such factory or workroom. Any occupier of a factory or workroom not registered as in the Act provided shall be liable to a fine not exceeding Ten pounds.

Power of 1 1 . Every inspector shall for the purposes of the execution of this mspectore. j ^ h a v e p 0 W e r to do all or any of the following things ( that is to 41 & 42 vict. say):— °-16 s-68- (1) To enter inspect and examine at all reasonable times by day

and night a factory or workroom and every part thereof when he has reasonable cause to believe tha t any person is employed therein, and to enter by day any place which he has reasonable cause to believe to be a factory or workroom:

(2) To take with him in either case a constable into a factory or workroom in which he has reasonable cause to apprehend any serious obstruction in the execution of his duty:

(3) To require the production of the certificate of registration books registers certificates notices lists and documents' kept in pursuance of this Act or of any regulations made hereunder and to inspect examine and copy the same :

(4) To make such examination and inquiry as may be necessary to ascertain whether the enactments for the time being in force relating to Public Health and the enactments of this Act are complied with so far as respects the factory or workroom and the persons employed therein:


(5) To enter any school in which he has reasonable cause to «• The Factories

believe that persons employed in a factory or workroom 1$J-hops Act

are for the time being educated: (6) To examine in the presence of the occupier his agent or

servant with respect to matters under this Act every person whom he finds in a factory or workroom or such a school as aforesaid, or whom he has reasonable cause to believe to be or to have been within the preceding two months employed in a factory or workroom, and to require such person to be so examined and to sign a declaration of the matters respecting which he is so examined; and

(7) To exercise such other powers as may be necessary for carrying this Act into effect.

12. The occupier of every factory or workroom his agents and occupier of servants shall furnish the means required by an inspector or by an issLTm*pect°or officer of the Board or of the council necessary for an entry inspection ™ in8Peotion. examination and inquiry or the exercise of his powers under this Act in 41'&

s'42 yiet relation to such factory or workroom. °- iss- «&

Every person who wilfully delays an inspector in the exercise of any power under this Act, or who fails to comply with a requisition of an inspector made under any such power as aforesaid, or to produce any certificate of registration book register certificate notice list or document which he is required by or in pursuance of this Act to produce, or who conceals or prevents any person from appearing before or being examined by an inspector or attempts so to conceal or prevent a person, shall be deemed to obstruct an inspector in the execution of his duties under this Act.

Provided always that no one shall be required under this or the last preceding section to answer any question or give any evidence tending to criminate himself.

13. "Where an inspector is obstructed in the execution of his duties Penalty tor under this Act, the person obstructing him shall be liable to a fine not °nSp™torng

exceeding Five- pounds ; and where an inspector is so obstructed in a n>.». 12. factory or workroom, the occupier of that factory or workroom shall be Ib- s-68-

liable to a fine not exceeding Five, or where the offence is committed at .night Twenty pounds.

14. Every inspector shall be furnished with a certificate of his certificates of appointment, and on applying for admission to a factory or workroom factors!"' of

or school shall if required produce to the occupier or schoolmaster such n.«. 13. certificate. Ib-s-7a

Every person who forges or counterfeits any such certificate or makes use of any forged counterfeited or false certificate, or personates the inspector named in any such certificate or falsely pretends to be an inspector under this Act, shall on conviction thereof before two justices be liable to be imprisoned for a period not exceeding three months with or without hard labour.

PAET III.—REGULATION. 15. In each and every factory or workroom there shall be kept— kept and notice

, N i ^ i i j » n i j • 1 to be affixed in (a) a record 01 the names 01 all persons employed m such factory or

factory or workroom together with the ages of all persons ^f^"1' who are under twenty years of age; and ib.' 8.' 73.

1204 FACTORIES AND SHOPS ACT 1890. [54 VICT.

"The Factories (b) a record of the particular kind of work of each and every im$hops Act person employed in such factory or workroom;

and such record shall be produced for inspection by the inspector when demanded.

There shall also be affixed in some conspicuous place at or near the entrance of each and every factory or workroom and in such other parts as an inspector from time to time directs and in such a position as to be easily read by the persons employed in such factory or workroom a notice containing—

(a) the name and address of the inspector for the district; (b) the name and address of the certifying medical practitioner

for the district. In the event of a contravention of the provisions of this section in

any factory or workroom, the occupier thereof shall be liable to a fine not exceeding Forty shillings for every day which elapses after a period of seven days from the registration of such factory or workroom and during which the said provisions are not complied with.

Chief inspector 16. The chief inspector shall prepare an annual report for the InnSy4. Minister. Such report shall be of a general and comprehensive n. s. is. character for the purpose of informing Parliament of the course and

conditions of national trade and shall not refer by name to any particular occupier of a factory or workroom or be so framed as to readily admit of the identification of any such occupier and shall show as nearly as possible the whole number of persons engaged in working in factories or workrooms in Victoria, classifying them according to their sex age and average weekly earnings whether in wages or by piecework or both in wages and by piecework in each branch their hours of labour the percentage of work done in the factories or workrooms and the percentage of work done outside thereof, together with such other particulars of the same general nature as the Minister may require.

Record of 17 . Every occupier of a factory or workroom who has work done dU!f fortaotories f° r *ne purposes of his factory or workroom elsewhere than in such to be kept, factory or workroom shall keep a record and the same shall be kept so1' n- '•m as to be a substantially correct record of the description and quantity

of the work done outside of such factory or workroom and of the name and address of the person by whom the same is done, and in default thereof shall be liable to a fine not exceeding Ten pounds. Such record shall be kept for the information of the inspectors, who alone shall be entitled to inspect the same and who may at all reasonable hours examine the same.

inspectordivuig- 18 . Any inspector divulging the contents of any record of persons rccord"tcnts °' employed in or of the work done in or outside of any factory or officer not to workroom except to the Minister or the officers of his department, and divulge. a n y m S p e c t o r or officer of such department making use of his knowledge

of the contents thereof except for the purpose of the compilation of general statistical information as required by this Act or for the purpose of enforcing the provisions of this Act shall be guilty of a misdemeanor.


PAST IV.—SANITARY PEOVISIONS.

19. Every factory or workroom shall be kept in a cleanly state "The Factories

and free from effluvia arising from any drain privy or other nuisance. tm"l>s0piaAct

A factory or workroom shall not be so overcrowded while work IS Sanitary

carried on therein as to be injurious to the health of the persons factory0 '̂ employed therein, and shall be ventilated in such a manner as to render workroom. harmless as far as is practicable all the gases vapours dust or other " ^ f Jiot-impurities generated in the course of the manufacturing process or handicraft carried on therein that may be injurious to health.

A factory or workroom in which in the opinion of the council for the district or of the Board there is a contravention of this section and which opinion is signified in writing under the hand of the secretary of such council or of the said Board shall be deemed not to be kept in conformity with this Act.

20. Where it appears to an inspector that any act neglect or Notice by default in relation to any drain watercloset earthcloset privy ashpit coXclfo't*0

water supply nuisance or other matter in a factory or workroom is sanitary defects punishable or remediable under the law relating to public health but workroom.

not under this Act, that inspector shall give notice in writing of such Ib- '•19-act neglect or default to the council in whose district the factory or Ib'8'4' workroom is situate, and it shall be the duty of such council to make such inquiry into the subject of the notice and take such action thereon as to such council may seem proper for the purpose of enforcing the law, and the powers conferred by section two hundred and sixty-two of the Health Act 1890 upon councils with respect to factories and buildings in which more than twenty persons are gathered or employed or intended to be gathered or employed at one time, may be exercised with respect to any factory or workroom under this Act by the Board as well as by any council in whose district any such factory or workroom is situate, and the provisions of the said last-mentioned Act for enforcing the requirements of any such council shall apply and extend to the enforcing of such requirements of such council and of the Board.

An inspector may for the purposes of this Act or any Act relating to Public Health take with him into a factory or a workroom an officer of health inspector of nuisances or other officer of the Board or of the council, and any such officer of health inspector of nuisances or other officer of the Board or of the council may at all reasonable times enter and inspect any factory or workroom.

21. For the purpose of securing the observance of the require- Limewaehing or ments of this Act as to cleanliness in every factory or workroom, all •Xrio?0

0f'the

the inside walls of the rooms of a factory or workroom and all the factories and ceilings or tops of such rooms (whether such walls ceilings or tops be ITs.™™' plastered or not) and all the passages and staircases of a factory or ib. s. 33. workroom if they have not been painted with oil or varnished once at least within seven years shall be limewashed or washed with some other wash liquid or material approved by the chief inspector once at least within every fourteen months, to date from the period when last limewashed or washed, and if they have been so painted or varnished shall be washed with hot water and soap once at least within every fourteen months, to date from the period when last so washed.

A factory or workroom in which there is a contravention of this Except in certain section shall be deemed not to be kept in conformity with this Act.oase3-

d206 FACTORIES AND SHOPS ACT 1890. [54 VIOT.


Minister may grant exemptions.

Interval for meals. lb. s. 21. 41 & 42 Viot. c. 16 s. 11.

Meals not to be taken in room where emplo3'ds are working or in certain eases where employes have been working. lb. 8. 22.

Limewashing painting and washing of tho interior Of bakehouses. lb. s. 23.

Provided this portion of the Act shall not apply to blacksmiths' agricultural implement makers' arid wheelwrights' shops foundries flour mills saw mills bone mills tanneries rope-walks smelting works hay and corn ciiafT cutting corn crushing wool washing or boiler making establishments.

Where it appears to the Minister that in any class of factories or workrooms or parts thereof the regulations in this section are not required for the purpose of securing therein the observance of the requirements of this Act as to cleanliness or are by reason of special circumstances inapplicable, he may if he thinks fit on the recommendation of the Board by order made under this Act grant to such class of factories or workrooms or parts thereof a special exception that the regulations in this section shall not apply thereto.

22. No person under eighteen or woman shall except on Saturdays half holidays or when it appears to the Minister after due inquiry that the exigencies of trade require the suspension of the provisions of this section be employed continuously in any factory or workroom for more than five hours without an interval of at least half an hour for a meal. Provided that when it appears to the Minister that the exigencies of trade require the suspension of the provisions of this section he may suspend the same, and such suspension'shall be notified under his hand and such notification shall be published in the Government Gazette, but nothing in this section contained shall refer to a factory or workshop in which the process of printing newspapers is carried on.

23. No person employed in a factory or workroom shall be permitted to take his or her meals in any room therein in which any manufacturing process or handicraft is then being carried on or in which persons employed in such factory or workroom are then engaged in their employment unless such factory or workroom or class of factories or workrooms is of open construction and is certified to by the inspector as being properly exempted from this provision.

Where any manufacturing process handicraft or employment has been declared by the Governor in Council to be noxious for the purposes of this Act, no person employed in the factory or workroom in which any such manufacturing process handicraft or employment is carried on shall be permitted to take his or her meals in any room therein in which such manufacturing process or handicraft -is then being carried on or in which persons employed in such factory or workroom are or have been in the course of the day engaged in their employment; and the occupier of every such factory or workroom shall cause a fit and proper room to be provided within which the persons employed may take their meals without the provisions of this Act being contravened. Provided that if it be made to appear to the Minister that for any reason it is unnecessary that such a room should be provided in any such factory or workroom, he may by licence under his hand exempt for any period not exceeding one year the occupier of such •factory or workroom from so much of the provisions of this section as require such a room to be provided.

24.. Where a bakehouse is situate in any city town or borough, all the inside walls of the rooms of such bakehouse and all the ceilings or top's of such rooms (whether such walls ceilings or tops be plastered

No. 1091.] F A C T O R I E S A N D S H O P S ACT 1890. 1207

or not) and all the passages and staircases of such bakehouse shall •• The Factories

either be painted with oil or varnished or be washed with lime or some i^»hops Act

other wash material or liquid approved of by the chief inspector or be 41 & 42 vict. partly painted or varnished and partly so washed; where painted with °'16B '34 ' oil or varnish there shall be three coats of paint or varnish and the paint or varnish shall be renewed once at least in every seven years, and shall be washed with hot water and soap once at least in every six months; where otherwise washed, such washing shall be renewed once at least in every six months.

A bakehouse in which there is a contravention of this section shall be deemed not to be kept in conformity with this Act.

25. Where a bakehouse is situated in any city town or borough, a Provision as to

place on the same level with the bakehouse and forming part of the S t S L f i s k same building shall not be used as a sleeping place unless it is con- n>.«. 24. structed as follows ( tha t is to say) :— Ib-8-35-

Unless such sleeping place is effectually separated from the bakehouse by a partition extending from the floor to the ceiling; and

Unless there be 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.

Any person who lets or occupies or continues to let or knowingly suffers to be occupied any place contrary to the provisions of this section shall be liable to a fine not exceeding for the first offence Twenty shillings, and for every subsequent offence Five pounds.

26. If in a factory or workroom where grinding glazing or provision as to polishing on a wheel or any process is carried on by which dust is ]™ftSoês generated and by the workers inhaled to an injurious extent, and itand workshops. appears to an inspector tha t such inhalation could be to a great extent "• *• ^ prevented by the use of a fan or by other mechanical means the inspector may direct a fan or other mechanical means of a proper construction for preventing such inhalation to be provided within a reasonable time ; and if the same is not provided maintained and used, the factory or workshop shall be deemed not to be kept in conformity with this Act.

27. A woman or person under eighteen years of age shall not be Protection of employed in any part of a factory or workroom in which wet spinning ^n^.1"wet

is carried on unless sufficient means be employed and continued for n. *. 20. protecting the workers from being wetted and (where hot water is Ib-s-37-used) for preventing the escape of steam into the room occupied by the workers.

A factory or workroom in which there is a contravention of the provisions of this section shall be deemed not to be kept in conformity with this Act.

P A R T V . — A G E OF PEESONS EMPLOYED.

28. A woman or person under eighteen years of age who works Definition of

in a factory or workroom whether for wages or not either in a manu- ^ f ^ f o " V ^ facturing process or handicraft or in cleaning any part of a factory or it.«. 27. workroom used for any manufacturing purposes or handicraft or in Ib- **• »*. cleaning or oiling any part of the machinery, or in any other kind of

VOL. II. 2 D



Prohibition of employment of persons under certain ages in certain factories or workrooms. 76. 8. 28. 41 & 42 Vict. c. 16 s. 38. Third Schedule.

Working hours for females and boys. lb. ». 29.

Penalty for offence.

Minister may suspend limitation of hours, lb. s. 5.

Children not to be employed. Uncertificated persons under 15 not to be employed unless provisions of Education Acts have been complied with.

lb. s. SO.

"The Factories and Shops Amend. Act 1887 " a. 4.

Certificate of fitness for employment of persons under 16 in factories and workrooms. " The Factories and Shops Act 1885" s. 31.

work whatsoever incidental to or connected with any manufacturing process or handicraft or connected with the article made or otherwise the subject of any manufacturing process or handicraft, shall save as is otherwise provided by this Act be deemed to be employed within the meaning of this Act.

For the purposes of this Act, an apprentice shall be deemed to work for hire.

29. No person shall to the extent mentioned in the Third Schedule to this Act be employed in the factories or workrooms or parts thereof named in that Schedule.

Notice of the prohibition in this section shall be affixed in all factories or workrooms to which it applies.

30. No person or persons shall employ in any factory or workroom any female or any male under the age of sixteen for more than forty-eight hours in any one week in preparing or manufacturing articles for trade or sale>)

If any occupier offend against the provisions of this section he shall for each and every week in which he offends be liable to a fine not exceeding Twenty pounds.

Provided that in order to meet the exigencies of trade the Minister may if he think fit after due inquiry from time to time by a notification under his hand published in the Government Gazette suspend subject to such conditions as may appear requisite the operation of this section in any one or more factories or workrooms or in all factories or workrooms of a particular description. Such suspension shall have no force or effect for more than three months from the date of such notification.

31 . No child shall be employed in any factory or workroom. No person under fifteen years of age shall be employed in any

factory or workroom unless such person has been certified by an inspector of schools to have been educated up to the standard of education prescribed by the Education Act 1890 and by the regulations made under the provisions of the said Act or unless it has been certified by a certificate under the hand of the principal teacher of a State school that such person attended such school the number of school days required by that Act during the quarter of a year immediately preceding the date of such employment, or has attended school for such required number of school days in each quarter for a period of three consecutive years. Provided that the provisions of this section shall not apply to any person who was at the commencement of " The Factories and Shops Act 1885 " employed in any place which is a factory or workroom within the meaning of this Act.

32. In a factory or workroom a person under the age of sixteen years shall not be employed unless the occupier of the factory has obtained a certificate in the prescribed form of the fitness of such person for employment in that factory.

(a) One member of a firm may be convicted of an offence against the provision of this section, although the other members of the firm are not joined in the prosecution. If an employer have knowledge that one of his servants or agents

intends to commit a breach of the provisions of this Act, and neglect to take effectual steps to prevent such a violation of the law, he will be liable for the act of his servant or agent.—Ooodsir v. Henderson, 13 V.L.R., 125.


A certificate of fitness for employment for the purposes of this Act "TheFactories may be granted by a certifying medical practitioner for the district, and imsh01"'Act

shall be to the effect that he is satisfied by the production of a certifi- « * & vi"t. cate 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 or workroom named in the certificate.

33. All factories or workrooms in the occupation of the same supplemental occupier and in the district of the same certifying medical practitioner certificates of

or any of them may be named in the certificate of fitness for employ- employment • ment if the certifying medical practitioner is of opinion that he can n.«. 32. truly give the certificate for employment therein. Ib-8-30-

The certificate of birth (which may be produced to such certifying medical practitioner) shall either be a certified copy of the entry in a register of births kept in pursuance of the Registration of Births Deaths and Marriages Act 1890, or kept in pursuance of any Act heretofore in force relating to the registration of births deaths and marriages, of the birth of the person or a statutory declaration as to the age of the person.

Where a certificate of fitness for employment is to the effect that the certifying medical practitioner has been satisfied of the age of the person by evidence other than the production of a certificate of birth, an inspector may by notice in writing annul the certifying medical practitioner's certificate if he has reasonable cause to believe that the real age of the 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.

The occupier shall when required produce to an inspector at the factory or workroom in which a person under sixteen years of age is employed the certificate of fitness of such person for employment which he is required to obtain under this Act.

34. Any person holding the office of truant inspector in the Edu- inspectors may cation Department may enter any factory or workroom during the time work'ooms'and' when any persons' employed therein are at work and inspect any part 5 ! ^ ^ ^ . thereof where any persons are engaged in working, and may also ages. examine the record of ages of persons under twenty years of age n- '•m-and interrogate personally any person or require the production of a certificate of birth or other sufficient evidence so as to enable him to determine the age of any such person so employed or working.

35. No boy under fourteen years of age and no girl under sixteen Limitation of

years of age shall work in any factory or workroom between the hours menVofpTiS" of six of the clock in the evening and six of the clock in the morning. under w-

36. No boy under sixteen years of age or girl under eighteen years Restriction in of age shall work as type setter in any printing office for longer than

young persons as

eight hours nor between the hours of six o'clock in the evening and six ^ 8 e t t e r a -of the clock in the morning except in a case of emergency with the permission of the Minister and then only on the condition that for twelve hours preceding and for twelve hours following such night work they shall not be employed.

2 D 2

1210 F A C T O R I E S A N D S H O P S ACT 1890. [54 V I C T .

P A R T V I . — M A C H I N E R Y .

" The Factoriea 3 7 . No person shall be placed in charge of any steam engine or lass"hsVMAct boiler used in or in connexion with any factory or workroom unless such Persons in person hold a certificate of service or of competency granted by the machinery or Board of Examiners appointed under Division one of P a r t I I I . of the ceruncates°ld Mines Act 1890. Provided tha t the provisions of this section shall not

apply to any person who has been in charge of any such steam engine or boiler for twelve months before the commencement of " The Factories and Shops Act 1885."

what service to 3 8 . A certificate of service in the last preceding section shall be nee™totakf" deemed to extend only to a certificate of service expressed on the face ?nafMto°rie".gines °f i* to authorize the holder to take charge of a steam engine or boiler " The Factories used in or in connexion with a factory or workroom, and the Board of TrLfia-Âct Examiners empowered in tha t behalf shall not grant any certificate of 1887"«. 5. service so expressed unless to a person who satisfies them tha t he has

had experience which would qualify him to take charge of the working of a steam engine or boiler used in or in connexion with a factory or

certincates ot workroom for a t least twelve months. The said Board of Examiners is engine-drivers hereby empowered to hold examinations and to examine persons who workrooms9 and m a v be desirous of qualifying themselves as engine-drivers for factories

and workrooms only subject to such regulations as may from time to time be approved by the Governor in Council and to grant certificates of competency to such persons as successfully pass the prescribed examination.

Fencing of 3 9 . Wi th respect to the fencing of machinery in a factory or work-machhiery. room, the following provisions shall have effect:— and'shoajTAe>t' (1) Every hoist or teagle near to which any person is liable to 1885 "*•3/- pass or to be employed and every fly-wheel directly con-"iVs2Zlot' nected with the steam or water or other mechanical '

power whether in the engine-house or not and every par t 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 par t of the mill gearing shall either be securely fenced or be in such position or of such construction as to be equally safe to every person employed in the factory or workroom 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 or use for the purpose of any manufacturing process.

A factory or workroom in which there is a contravention of this section shall be deemed not to be in kept conformity with this Act.

Fencing of other 4 0 . Where an inspector considers tha t in a factory or workroom in'Sne'ry of any par t of the machinery of any kind moved by steam water or ^veCnhby0tlce'" other mechanical power to which the provisions of this Act with respect inspector. t 0 the fencing of machinery do not apply is not securely fenced and is ib s*.o38 s o dangerous as to be likely to cause bodily injury to any person


employed in the factory or workroom, the following provisions shall •• The Factories

apply to the fencing of such machinery:— S i * " Acl

(1) The inspector shall serve on the occupier of the factory or workroom a notice requiring him to fence the part of the machinery which the inspector so deems to be dangerous:

(2) The occupier within seven days after the receipt of the notice may serve on the inspector a requisition to refer the matter to arbitration; and thereupon the matter shall be referred to arbitration, to be conducted under regulations made in that behalf by the Governor in Council:

(3) If the arbitrators or their umpire decide that it is unnecessary 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 seven days serve on the inspector a requisition to refer the matter to

• arbitration or does not appoint an arbitrator within the time required by the regulations made as aforesaid 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 or workroom fails to comply within a reasonable time with the requirements of this section as 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 or workroom 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.

4 1 . When an inspector considers that in a factory or workroom Fencing of a vat pan or other structure which is used in the process or handicraft o?sfrnTurefof carried on in such factory or workroom and near to or over wnich ^veC

nhb"

otioe is

persons under the age of eighteen years are liable to pass or to be inspector. employed is so dangerous by reason of its' being filled with hot liquid lb- '•39-or molten metal or otherwise as to be likely to be a cause of bodily injury to any such person employed in the factory or workroom, he shall serve on the occupier of the factory or workroom a notice requiring him to fence such vat pan or other structure.

The provisions of this Act with respect to the fencing of machinery which an inspector considers not to be securely fenced and to be


"TU vactonw dangerous shall apply in like manner as if they were re-enacted in this awiSto]).^! section with the substitution of the vat pan or other structure for

machinery; and if the occupier of a factory or workroom fails constantly to maintain the fencing required under this section in an efficient state while such vat pan or other structure is so filled or otherwise dangerous as aforesaid, the factory or workroom shall be deemed not to be kept in conformity with this Act.

Fixing of grind- 4 2 . Where an inspector observes in a factory or workroom tha t anTrephSingof ar>y grindstone worked by steam water or other mechanical power is in Bton̂ whe"? itself so faulty or is fixed in so faulty a manner as to be likely to cause notice is given bodily injury he shall serve on the occupier of the factory or workroom 76 TT.0401-' a u ° t i c e requiring h im to replace such faulty grindstone or to properly 41 u 42 vict. fix the grindstone fixed in the faulty manner. °-18 8-a The provisions of this Act with respect to the fencing of machinery

which an inspector considers not to be securely fenced and to be dangerous shall apply in like manner as if they were re-enacted in this section with the necessary modifications.

Where the occupier of a factory or workroom fails to keep the grindstone mentioned in the notice or award in such a state and fixed in such manner as not to be dangerous, the factory or workroom shall be deemed not to be kept in conformity with this Act.

Restriction on 4 3 . A person under eighteen years of age or woman shall not be machinery' while allowed to clean such par t of the machinery in a factory or workroom as is worSngbetween m^ gearing while the same is in motion for the purpose of propelling parts of any par t of the manufacturing machinery. machinery. A person under eighteen years of age or woman shall not be allowed ib.«. 4i. t 0 Work between the fixed and traversing par t of any self-acting Ib's'9' machine while the machine is in motion by the action of steam water or

other mechanical power. A person under eighteen years of age or woman allowed to clean or

to work in contravention of this section shall be deemed to be employed contrary to the provisions of this Act.

Notice of acci- 4 4 . Where there occurs in a factory or a workroom any accident S r S y which either-injury- (a) causes loss of life to a person employed in the factory or

workroom; o r . (b) causes bodily injury to a person employed in the factory

or workroom and is produced either by machinery moved by steam water or other mechanical power or through a vat pan or other structure filled with hot liquid or molten metal or other substance or by explosion or by escape of gas steam or metal, and is of such a nature as to prevent the person injured by i t from returning to his work in the factory or workroom within forty-eight hours after the occurrence of the accident—

written notice of the accident shall forthwith after the expiration of the forty-eight hours be sent to the inspector and to the certifying medical practitioner for the district s tat ing the residence of the person killed or injured or the place to which he may have been removed; and if any such notice is not sent, the occupier of the factory or workroom shall be liable to a fine not exceeding Five pounds.

Ib. s. 31.


45. The Minister may if he think fit obtain a report from a certi- •• The Factories fying medical practitioner or expert upon the nature or cause of such ™m,»h£pwAet

death or injury, and such medical practitioner or expert shall investigate Report on death into the same and for the purposes only of this section shall have the 41&

J42yiot.

same powers as an inspector and shall also have power to enter any o. is s. 32. room' in a building to which the person killed or injured has been removed.

PART VII. —CLOSING OF SHOPS.

46. All shops other than those of the kind specified in the Fourth Prescribed hours

Schedule hereto and other than such as may be licensed to remain open shr0pS°

sing of

at night under any by-law made or for the time being in force under n.«. a. the authority of this Act shall be closed on each and every evening of f̂ duie. the week except Saturday at the hour of Seven of the clock and on Saturday evening at the hour of Ten of the clock. Provided that on the day immediately preceding any public holiday any such shop may be kept open until Ten of the clock in the evening.

47. Any municipal council may if it think fit from time to time power to muni-make alter and repeal by-laws in and for the municipality for all or any pePfatiSnUto°make of the following purposes:- & V c X g

For limiting the hours during which shops mentioned in the ^Xsoijeduie Fourth Schedule hereto may be kept open; but no by-law or extending shall be made limiting such hours unless a petition certified Mother s°hopT.g

to by the municipal clerk as being signed by a majority of n. ». 45. the shopkeepers keeping shops of the class within such municipal district to be affected thereby has been previously presented to such municipal council:

For permitting shops of any particular class (not included in the Fourth Schedule hereto) on obtaining a licence to keep open after the hours hereinbefore mentioned and during such hours as shall be specified in such licence ; but no by-law shall be made authorizing the issuing of such licence unless a petition certified to by the municipal clerk as being signed by a majority of the shopkeepers keeping shops of such class within such municipal district have been previously presented to such municipal council:

Requiring shops (not included in the Fourth Schedule hereto) to close before the hours hereinbefore mentioned, but no such by-law shall be made except on receipt of such a petition as aforesaid:

For limiting the total number of hours persons may be employed during the day and night in shops licensed to remain open at night. Provided that such limit shall not be less than eight hours in each full day and night:

For imposing penalties not exceeding Ten pounds on any shopkeeper failing or neglecting to close his shop in accordance with the provisions of this Act or of any by-law made in pursuance hereof:

For closing all shops within its municipality other than those mentioned in the Fourth Schedule for one afternoon in each week. Provided that before any such by-law be made a petition certified to by the municipal clerk as


" The Factories signed by a majority of the shopkeepers substantially andîshops Act interested and affected thereby shall be presented to such,

municipal council.

provision as to 48 . If m any shop any trade or business is carried on or any goods of various goods are dealt in of such descriptions or kinds as would under the /(-"sô provisions of this Act or of any by-law made or for the time being

in force hereunder necessitate such shop being closed during certain hours unless licensed to remain open, then such shop shall unless a licence be obtained be closed for all purposes during such hours as may be directed by this Act or by such by-law.

sitting accom- 49 . I t shall be the duty of the inspector to report to the Board intervals of rest if it appears that it is required for the preservation of health that empioyeTin sitting accommodation should be provided for or that intervals of shops.' r c s t should be afforded to persons employed in any shop, and t h e ib. s. 47. Board may if it think fit cause notice to be served upon the shop

keeper of any such shop requiring sitting accommodation to be provided for or intervals of rest to be afforded to such persons during the period of their employment. If any such shopkeeper fails to comply with the requirements of the Board under the provisions of this section, he shall for every week during which he so fails be liable to a fine not exceeding Five pounds.

PART VII I .—FINES AND PENALTIES.

TWO justices to - 50. Where any person is charged with an. offence against this under this Act. Act, such charge shall be heard before and all fines imposed by this ib.«. 4s. Act shall be recovered before two or more justices; and where in this

Act it is provided that anything may be done by any justices, the same shall be done by two or more justices.

Fine tor not 5 1 . If a factory or workroom is not kept in conformity with this or workroom in Act, or if in any factory or workroom the re is a contravent ion of any of confonnity with fcne provisions of this Act the occupier thereof shall if no other penalty ib. s. 49. is by this Act provided be liable to a penalty not exceeding Ten pounds, aIds'w'm0n,JI anc^ *° a further penalty of One pound for every day during which such Amemi. Act breach continues after the delivery by the inspector a t his factory 1SS7 "J?2 T n •• 41 & 42 vict. o r workroom of a notice notifying him that a breach of the provisions c. Ms. si. of this Act is taking place by such factory or workroom not being kept

in conformity with this Act or by a contravention thereof otherwise occurring.

The justices, in addition to or instead of inflicting such fine, may order certain means to be adopted by the occupier within the time named in the order for the purpose of bringing his factory or workroom into conformity with this Act, and may upon application enlarge the time so named; but if after the expiration of the time as originally named or enlarged by subsequent order the order is not complied with, the occupier shall be liable to a fine not exceeding One pound for every day that such non-compliance continues.

Penal compen- 5 2 . I f any person is ki l led or suffers any bodily injury in conse-mju0r"(iby wan" quence of t he occupier of a factory or workroom hav ing neglected to ma'chfnery &c. i e i i c e a n v machinery required by or in pursuance of this Act to be ib. s. 60. securely fenced, or having neglected to maintain such fencing, or in lb. B. 82.


consequence of the occupier of a factory or workroom having neglected "The Factories to fence any vat pan or other structure required by or in pursuance of im,f*mAct

this Act to be securely fenced, or having neglected to maintain such fencing! the occupier of the factory or workroom shall be liable to a fine ndt exceeding One hundred pounds, the whole or any part of which jmay be applied for the benefit of the injured person or his family or otherwise as the Minister determines.

Provided that the occupier of a factory or workroom shall not be liable to a fine under this section if an information against him for not fen'cing the part of the machinery or the vat pan or other structure by which the death occurred or bodily injury was inflicted has been heard and dismissed within one month previous to the time when the death occurred or bodily injury was inflicted. But this section shall not deprive the injured person or his or her representatives of the right of action to recover damages in any court of competent jurisdiction.

Where a child or person is employed in a factory Or Fine for employ-

workroom contrary to the provisions of this Act, the occupier of the contrary0™ the factory or workroom shall be liable to a fine not exceeding Three, or Act-if the | offence was committed during the night Five pounds for each H'^MYUA child or person so employed. c. ie s. 83.

A person who is not allowed times for meals and absence from work as required by this Act, or during any part of the times allowed for meals and absence from work is in contravention of the provisions of this Act employed in the factory or workroom or allowed to remain in any room, shall be deemed to be employed contrary to the provisions of this Act.-

54. The parent of a child or person under eighteen years Pine on parent of age shall, if such child or person is employed in a factory or SSiSyoSng workroom contrary to the provisions of this Act, be liable to a fine person to be

I cirvDloved

not exceeding Twenty shillings for each offence unless it appears to contrary to the

the justices that such offence was committed without the consent ^ct's 62 connivance or wilful default of such parent. ib's.84.

55. Every person who forges or counterfeits any certificate for Forgery of

the purposes of this Act (for the forgery or counterfeiting of which no enWesaatndfalse

other punishment is provided), or who gives or signs any such certifi- declarations, cate knowing the same to be false in any material particular, or who ™' *' f5' knowingly utters or makes use of any certificate so forged counterfeited or false as aforesaid, or who knowingly utters or makes use of as applying to any person* a. certificate which does not so apply, or whoj personates any person named in a certificate, or who wilfully connives at the forging counterfeiting giving signing uttering making use or personating as aforesaid, shall be liable on conviction before two justices to a fine not exceeding Twenty pounds or to imprisonment for a term not exceeding three months with or without hard labour.

i Every person who wilfully makes a false entry in any book register notice certificate list record or document required by this Act to be kept or served or sent, or who wilfully makes or signs a false declaration or return under this Act, or who knowingly makes use of any such false entry or declaration or return, shall be liable on conviction before two justices to a fine not exceeding Twenty pounds or to imprisonment for a term not exceeding three months with or without hard labour.


" The Factories 5 6 . Where an offence for which the occupier of a factory or 1885 " s 0 ^ " ' workroom or shop is liable under this Act to a fine has in fact been Fino on person committed by some agent servant workman or other person, such oflenoe'torwhioh agent servant workman or other person shall be liable to the same occupieris liable. flne &% jf ^g w e r e ^ h e OCCUpier. 41 & 42 Vict. r

c. 16 s. so. ^ ^ j jgpg £ke 0 C C U p i e r of a factory or workroom or shop is occupier from charged with an offence against this Act, he shall be entitled upon uono?th0enwt0uai information duly laid by h im to have any other person whom he offender. charges as the actual offender brought before the justices a t the t ime ib e 8? appointed for hearing the charge, and if after the commission of the

offence has been proved the occupier of the factory or workroom or shop proves to the satisfaction of the justices tha t he had used due diligence to enforce the execution of the Act and tha t the said other person had committed the offence in question without his knowledge consent or connivance, the said other person shall be summarily convicted of such offence and the occupier shall be exempt from any fine.

W h e n i t is made to appear to the satisfaction of an inspector a t the t ime of discovering the offence t h a t the occupier of the factory or workroom or shop had used all due diligence to enforce the execution of this Act and also by what person such offence had been committed, and also t ha t i t had been committed without the knowledge consent or connivance of the occupier and in contravention of his orders, then the inspector shall proceed against the person whom he believes to be the actual offender in the first instance without first proceeding against the occupier of the factory or workroom.

Penalties. 5 8 . Every person guilty of any offence relat ing to shops contrary 'a\™sho%torie8 *° *ne provisions of this Act or any by-law for the time being in force Amend. Act hereunder for which no other penalty is provided shall for the first

offence be liable to a penalty of Ten shillings, for the second offence to a penalty of Two pounds, and the third and every subsequent offence to a penalty of Five pounds.

Limitation of 5 9 . The following provisions shall have effect with reference to provisions as to proceedings before justices for offences and fines under this A c t : — Eetore^Ses. The information shall be laid within one month, or when, the " The Factories offence is punishable a t discretion by imprisonment within 1886».To.** two months after commission of the offence: Ib- o. 9i. I t shall be sufficient to allege t ha t a factory or workroom or shop oflsfschtduie!4' ™ a factory or workroom or shop within the meaning of this

Act without more: I t shall be sufficient to state the name of the ostensible occupier

of the factory or workroom or shop or the title of the firm by which the occupier of the factory or workroom or shop is usually known:

A conviction or order made in any mat ter arising under this Act either originally or on appeal shall not be quashed for want of form:

And in all cases of summary proceedings under this Act the defendant and his wife shall be competent to give evidence:

Any person aggrieved by a summary conviction under this Act may appeal therefrom to the nearest court of general sessions.

/ \


60. If one or more persons be found in a factory or workroom "TheFactories under such circumstances as in the opinion of any two justices adju- ms" fjsi. ct

dicating raise a presumption that such person or persons have been Presumption of •i -i • ' - i p , i t j , i • • «law and evidence

employed in such factory or workroom contrary to the provisions 01 in proceedings this Act, it shall be a presumption of law that such person or persons f̂ "^vict0^ have been so employed, provided that if any such person or persons are c. ia s. 92. shown to be in such factory or workroom while all the machinery of the factory or workroom be stopped or for the sole purpose of bringing food to the persons employed in the factory, or if the time at which he or they are so found is shown to be the time allotted to meals, such presumption shall not be deemed to have arisen.

Provided also that yards play-grounds and places open to the public view schoolrooms waiting-rooms and other rooms belonging to the factory or workroom in which no machinery is used or manufacturing process carried on shall not be taken to be any parts of the factory or workroom within the meaning of this enactment.

A declaration by a certifying medical practitioner for the district that he has personally examined a person employed in a factory or workroom in that district and believes him to be under the age set forth in the declaration shall be admissible in evidence of the age of that person.

61. Every offence against the provisions of this Act shall be Proceedings reported to the Minister, who may if he think fit direct proceedings to tobedSrSdl™ be taken against the offender. Minister.

0 lb. s. 68.

62. All furniture manufactured or sent out of any factory or work- stamping of room shall be legibly and permanently stamped. ^™ I™'

PAET IX.—MISCELLANEOUS.

63. The Governor in Council may by order published in the Regulations. Government Gazette from time to time make alter and repeal regu- "if- ^ , . -• . . x ° " The Factories l a t l O U S — and Shops

for fixing a scale of fees to be taken by certifying medical ^sr's.' ia

practitioners for examinations and reports made, and certificates given by such certifying medical practitioners in pursuance of the provisions of this Act, and for making provision generally with regard to such examinations certificates and reports;

for prescribing the form of notices to be given in pursuance of this Act and containing particulars with regard to factories or workrooms;

for prescribing the form of returns to be made by the occupiers of factories or workrooms and by employers ;

for prescribing the form in which the attested returns required by this Act to be made by occupiers of factories or workrooms shall be made;

for prescribing the mode of arbitration in any case where the occupier of a factory or workroom has been required by an inspector to fence any part of the machinery or any vat pan or other structure or to replace or properly fix any grindstone therein under the provisions of this Act;

and generally for carrying into effect the provisions of this Act.

1218 FACTORIES AND SHOPS ACT 1890.

Section 2.

SCHEDULES.

F I R S T S C H E D U L E .

Dato of Act. Title of Act. Extent of Repeal.

49 Vict. No. 862

51 Vict. No. 961

" The Factories and Shops Act 1885 " ...

" The Factories and Shops Amendment "Act 1887"

So much as is not already repealed.

The whole. '

Section 10. SECOND S C H E D U L E .

Every factory or workroom in which more t h a n s ix ty persons are employed, per annum

E v e r y factory or workroom in which more than t h i r t y and no t more t h a n s ix ty persons a re employed, per a n n u m

Every factory or workroom in which more t h a n ten and not more t h a n ' t h i r t y persons are employed, per annum

Every o ther factory or workroom, per annum

£ s. d.

3 3 0

2 2 0

1 1 0 10

0 0

Section 29.

41 & 42 Vict, c. 10, schedule.

Restriction of employment of persons under 18;

of boys xmder 14 and girls under 18 m glassworks;

of g-irls under 10 in certain employments;

of persons under 10 in metal grinding and lucifer-match dipping; of persons under 14 in dry grinding &c.

T H I R D S C H E D U L E .

S P E C I A L P R O V I S I O N S FOR H E A L T H .

Factories and Workrooms in which the Employment of Persons under Eighteen years of Age is restricted.

1. I n a p a r t of a factory or workroom in which there is carried on— t h e process of si lvering of mir rors by the mercur ia l process, or the process of making whi te lead—

a person under eighteen years of age shall no t be employed. 2. I n the pa r t of a factory in which t h e process of mel t ing or anneal ing glass is

carr ied on, a male person u n d e r fourteen years of age and a female person u n d e r eighteen years of age shall no t be employed.

3. I n a factory or workroom in which there is carr ied on— (a) t h e making or finishing of br icks or ti les no t being ornamenta l t i les, or (b) t h e making or finishing of sa l t—

a gir l under sixteen years of age shall no t be employed. 4. I n a p a r t of a factory or workroom in which there is carried on—

(a) any d r y gr inding in t h e metal t r ade , or (J) the d ipping of lucifer matches—

a person under sixteen years of age shall no t be employed. 5. I n any gr inding in the meta l t rades o ther than d ry gr inding or in fust ian

cu t t ing , a person under t h e age of fourteen years shall no t be employed.

Sections 40 & 47. F O U R T H S C H E D U L E .

Chemists ' shops. Coffee-houses. Confectioners. Eating-houses. Fish and oyster shops. F r u i t and vegetable shops. Res tauran t s . Tobacconists ' shops. Booksellers ' and news agents ' shops.

Documents

FACTORIES AND SHOP S ACT-1890