PART II

Safety and Notification of Accidents

8. — Section 125 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

“(1) The following provisions shall apply to a person who is employed in a factory or in any other place to which any of the provisions of the Safety in Industry Acts, 1955 and 1980, apply, namely,

(a) he shall take reasonable care for his own safety and health and that of any other persons who may be affected by his acts or omissions while at work,

(b) he shall co-operate with this employer and any other person to such extent as will enable his employer or the other person to comply with any provision of the said Acts or of regulations under the said Acts which applies to his employer or the other person,

(c) he shall not intentionally interfere with or misuse any means, appliance, convenience, equipment or other thing provided in pursuance of the said Acts or of regulations thereunder for securing the health, safety or welfare of the persons so employed,

(d) he shall use any clothing, equipment, appliance or other means or thing so provided (whether for his use alone or for use by him in common with others) for securing his health, safety or welfare while at work.”.

9. —(1) It shall be the duty of any person who manufactures, imports or supplies any plant for use at work in a factory or specified premises or in work which is work described in section 87 (1) of the Principal Act to ensure, so far as is reasonably practicable, that safeguards have been provided in relation to the plant to ensure its safe operation when it is being properly used.

(2) Any duty imposed on any person by this section shall extend only to things done in the course of a trade, business or other undertaking carried on by him (whether for profit or not).

(3) Where a person (which person is in this subsection referred to as “the supplier”) supplies to another (which other is in this subsection referred to as “the customer”) any plant described in subsection (1) of this section, under a hire-purchase agreement or credit-sale agreement, and the supplier—

(a) carries on the business of financing the acquisition of goods by others by means of such agreements, and

(b) in the course of that business acquired his interest in the article supplied to the customer as a means of financing its acquisition by the customer from a third person (which person is in this subsection referred to as “the dealer”), the dealer and not the supplier shall be treated for the purposes of this section as supplying the article to the customer, and any duty imposed by this section on suppliers shall accordingly fall on the dealer and not on the supplier.

(4) For the purposes of this section plant shall not be regarded as being properly used where it is used without regard to the relevant information or advice relating to its use which has been made available by a person by whom it was designed, manufactured, imported or sold or otherwise supplied.

(5) (a) For the purpose of giving effect to subsection (1) of this section the Minister may by regulations prescribe specifications or other requirements with which the design and construction of any plant which is of a prescribed class or description shall comply.

(b) Where a person manufactures, imports or supplies plant for use at work described in subsection (1) of this section which is of a class or description specified in regulations under this section which are for the time being in force and the plant does not satisfy a requirement of the regulations, the person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £400.

(6) Where plant is used at work in a factory, in specified premises or in work described in section 87 (1) of the Principal Act and a request is made in that behalf by an inspector, the occupier shall give to the inspector the name of the person by whom the plant was sold or otherwise supplied.

(7) Where a request is made of an occupier pursuant to subsection (6) of this section and the name of the person by whom the relevant plant was sold or otherwise supplied is within the knowledge of the occupier of whom the request is made, then if such occupier fails to comply with the request he shall be guilty of an offence.

(8) Any person who as principal or agent by act or omission contravenes subsection (1) of this section shall be guilty of an offence.

(9) Proceedings shall not be taken under this section and under section 109 of the Principal Act in relation to the same act or omission.

10. —(1) Where there is an accident or dangerous occurrence in a factory or specified premises and the Minister is satisfied that the accident or occurrence may have been caused (whether wholly or partly) by any plant, then if the Minister considers it necessary for the proper investigation of the accident or occurrence, he shall by a notice in writing require the occupier, or the owner of the plant concerned,

(a) to have such plant, or in case the accident or occurrence is believed to have been so caused by a part thereof, that part, examined and tested forthwith by a competent person, and

(b) to have a report of the results of the examination and test prepared and submitted to the occupier or such owner, as may be appropriate, by the person by whom the examination and test was carried out as soon as may be and in any case not later than twenty-eight days after the completion of the examination and test, and

(c) to give to the Minister a copy of such report within seven days of its receipt in pursuance of paragraph (b) of this subsection.

(2) A report required under subsection (1) of this section shall include particulars of—

(a) the manner in which the relevant examination was carried out,

(b) the method used when making any tests,

(c) any structural or other weakness or defect which in the opinion of the person carrying out the examination would affect the ultimate strength of, or account for any failure in, the plant examined, and

(d) such other matter as the Minister may specify when making the requirement.

(3) If the Minister is not satisfied as to the adequacy of a report under this section, or the competence of a person employed to make an examination and test referred to in this section or as to the adequacy of such an examination and test, he may require the owner of the plant concerned to have it re-examined and tested at the expense of such owner by a person nominated by the Minister, and in case the Minister makes a requirement under this subsection such owner shall give any necessary facilities for such re-examination and test.

(4) Any person who fails to comply with a requirement of a notice served on him under subsection (1) of this section shall be guilty of an offence.

(5) In any proceedings for an offence under this section it shall be a good defence for the accused to prove that he used all due diligence to comply with the requirements of the relevant notice.

11. —(1) This section applies to any activities which are being or are about to be carried on by or under the control of any person, being activities to or in relation to which any provision of the Acts or of regulations under the Acts applies or will, if the activities are so carried on, apply.

(2) If as regards any activities to which this section applies the Minister is of the opinion that, as carried on or about to be carried on by or under the control of the person in question, the activities involve or, as the case may be, are likely to involve a risk of serious bodily injury to persons employed, the Minister may serve on that person a notice (in this Act referred to as “a prohibition notice”).

(3) A prohibition notice shall—

(a) state that the Minister is of the said opinion,

(b) specify the matters which in his opinion give or, as the case may be, are likely to give rise to the said risk,

(c) where in his opinion any of those matters involves or, as the case may be, will involve a contravention of any provision of or any regulations under the Acts, state that he is of that opinion, specify the provision or provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion, and

(d) direct that the activities to which the notice relates shall be carried on neither by or under the control of the person on whom the notice is served nor by or under the control of any other person unless the matters specified in the notice in pursuance of paragraph (b) of this subsection, and any associated contravention of provisions so specified in pursuance of paragraph (c) of this subsection, have been remedied.

(4) A prohibition notice shall take effect—

(a) in case the Minister is of the opinion, and states it in the notice, that the risk of serious bodily injury to persons employed is or, as the case may be, will be imminent, immediately the notice is received by the person on whom it is served,

(b) in any other case—

(i) if no appeal is taken against the notice, on the expiration of the period during which such an appeal may be taken or the day specified in the notice as that on which it is to come into effect, whichever is the later, or

(ii) in case such an appeal is taken, on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or the day specified in the notice as that on which it is to come into effect, whichever is the later.

(5) (a) A person who is aggrieved by a prohibition notice may, within the period of seven days beginning on the day on which the notice is served on him, appeal to a Justice of the District Court against the notice and in determining the appeal the Justice may—

(i) if he is satisfied that in the circumstances of the case it is reasonable so to do, confirm the notice, with or without modification,

or

(ii) cancel the notice.

(b) Where on the hearing of an appeal under this section a prohibition notice is confirmed, notwithstanding subsection (4) of this section, the Justice by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case he considers appropriate.

(6) The Minister may revoke a prohibition notice.

(7) A prohibition notice shall be signed by an officer of the Minister who is for the time being authorised in writing by the Minister to sign such notices.

(8) (a) Where a prohibition notice has been served and activities are carried on in contravention of the notice, the High Court may on the application of the Minister by order prohibit the continuance of the activities.

(b) An application to the High Court for an order under this subsection shall be by motion and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate. The order by which an application under this subsection is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

(9) Any person who carries on activities in contravention of a prohibition notice shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200.

12. —(1) The following subsection is hereby substituted for subsection (1) of section 37 of the Principal Act:

“(1) Every place at which any person has at any time to work shall be made and kept in a safe condition and in addition to the foregoing there shall, so far as is reasonably practicable, be provided and maintained safe means of access to and egress from every such place.”.

(2) Section 37 (2) of the Principal Act shall be construed and have effect as if the reference therein to ten feet were a reference to two metres (6.56 feet).

(3) Notwithstanding anything contained in the Principal Act, proceedings for an offence under section 37 of that Act, as amended by this section, shall not be taken within the period of two years beginning on the commencement of this section.

13. —(1) The occupier of a factory or specified premises shall, in relation to noise in the factory or other premises, take such steps (if any) as are appropriate either by reducing sound levels or otherwise, to ensure that noise in the factory or other premises, or in any part thereof, is such as not to be likely to injure the hearing or otherwise adversely affect the health of persons employed.

(2) Where the Minister is satisfied that were the noise to which any persons employed in a factory or specified premises are exposed to be greater than a particular level in particular circumstances, a risk of bodily injury to such persons would occur or that were such noise to exceed in duration a particular period such a risk would occur, or that such noise would in other particular circumstances cause such a risk to occur, he may, after consultation with the Minister for Health, make regulations requiring occupiers to ensure, in those circumstances, either that noise in factories or specified premises does not exceed that level or that such persons are not in factories or specified premises exposed to noise greater than that level.

14. —The following subsection is hereby substituted for subsection (1) of section 12 of the Principal Act:

“(1) Effective provision shall be made and used for securing and maintaining a reasonable temperature in each workroom, but no method shall be employed which either results in the escape into the air of any workroom of any fumes of such character and to such extent as would be likely to be injurious or offensive to persons employed therein or would be likely to constitute a fire hazard.”.

15. —(1) Where in any premises to which this section applies more than five persons are employed, accommodation shall be provided for boiling water and taking meals and such accommodation shall be both adequate and suitable.

(2) This section applies to premises which are—

(a) a factory, or

(b) premises described in section 83 (1) or 84 (1) of the Principal Act, or

(c) premises to which the provisions of the Principal Act mentioned in section 85 (1) thereof are by that section applied, or

(d) a dock, wharf, quay or warehouse mentioned in section 86 (1) of the Principal Act.

(3) Where two or more factories or premises of a class or description mentioned in subsection (2) of this section are—

(a) situate on the same parcel or contiguous parcels of land, and

(b) occupied by the same occupier, and

(c) used for or in connection with the same business,

the factories, premises, factory and premises or factories and premises, as the case may be, shall for the purposes of this section be regarded as being a single factory.

16. —The facilities for washing mentioned in section 53 (1) of the Principal Act shall include either a supply of hot and cold water or a supply of warm water, and the said section 53 (1) shall be construed and have effect in accordance with the foregoing.

17. —The Principal Act is hereby amended by the substitution of the following section for section 32:

“32.—(1) A person shall not work, nor shall he be required to work, on, at or with any machine unless he has been fully instructed as to the dangers (if any) arising in connection therewith and the precautions to be observed, and—

(a) has received a sufficient training in work at the machine,

or

(b) is under adequate supervision by a person who has experience and a thorough knowledge of the machine.

(2) (a) In this section ‘machine’ includes any steam boiler, steam receiver or air receiver, or any lifting machine which is driven by mechanical power.

(b) Any reference in this section to working on, at or with a machine shall—

(i) in the case of a steam boiler, be construed as including a reference to working in connection with the generation of steam from that boiler,

(ii) in the case of a steam receiver, be construed as including a reference to working in connection with the use of steam in that receiver,

(iii) in the case of an air receiver, be construed as including a reference to working in connection with the use of compressed air in that receiver, and

(iv) in the case of such a lifting machine, be construed as including a reference to driving and operating the machine.”.

18. —The following section is hereby substituted for section 31 of the Principal Act:

“31.—(1) A young person shall not clean, nor shall he be required to clean, any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, nor shall he clean or be required to clean any part of any steam boiler, steam receiver, air receiver, lifting machine, or other machine if the cleaning thereof would expose him to risk of injury from any moving part either of that machine or of any adjacent machinery.

(2) (a) In addition to the requirements of subsection (1) of this section, a person shall not clean, nor shall he be required to clean, a steam boiler, steam receiver, air receiver, lifting machine, or other machine unless a safe system of work is in operation as regards the machine and such system previously has been made known to him. The safe system referred to shall, where practicable, be such that—

(i) before commencing to clean the machine the power required to drive the machine shall be isolated by, or with the knowledge of, the person who is to clean the machine by cutting off the power of the machine or otherwise depriving the machine of such power, and

(ii) the supply of such power may only be restored to the machine by such person, or by some other person, being a person standing for the time being designated for the purposes of this section by the occupier, either with the knowledge and consent of the person who is to clean or is cleaning the machine or after that other person has taken such steps as are appropriate to ensure that it is safe to restore such supply.

(b) Where it is not practicable to provide for the isolation as aforesaid of the power required to drive a machine, the safe system of work referred to shall include provisions to ensure that—

(i) in case the machine is in motion immediately before the cleaning of the machine is commenced, the machine cannot remain in motion without the knowledge and consent of the person who is about to clean the machine,

(ii) where a machine is being cleaned and is not in motion, the machine may only be put in motion either by the person cleaning the machine, or by some other person, being a person standing for the time being designated for the purposes of this section by the occupier, either with the knowledge and consent of the person cleaning the machine or after that other person has taken such steps as are appropriate to ensure that it is safe to put the machine in motion.

(3) In this section and in section 32 of this Act (inserted by section 17 of the Safety in Industry Act, 1980) ‘lifting machine’ has the meaning assigned to it by section 35 (10) of this Act (inserted by section 28 of the Safety in Industry Act, 1980).”.

19. —The Principal Act is hereby amended by the substitution of the following section for section 60:

“60.—In the case of any such process as may be specified in regulations made by the Minister after consultation with the Minister for Health, being a process which involves a special risk of injury to the eyes, suitable goggles, effective screens or other suitable means shall, in accordance with any directions given by the regulations, be provided to protect the eyes of the persons employed.”.

20. —Subsection (1) of section 58 of the Principal Act is hereby amended by—

(a) the insertion of “or working on the premises” before “, or any substantial quantity”, and

(b) the substitution of “those persons against” for “the persons employed against”,

and the said subsection (1), as so amended, is set out in the Table to this section.

TABLE

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 an extent as to be likely to be injurious or offensive to the persons employed or working on the premises, or any substantial quantity of dust of any kind, all practicable measures shall be taken to protect those persons against inhalation of the dust or fume or other impurity and to prevent its accumulation 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.

21. —The following subsections are hereby substituted for subsections (1) and (2) of section 38 of the Principal Act:

“(1) Where work has to be done inside any chamber, tank, vat, pit, pipe, flue or similar confined space or any other place in which dangerous fumes are liable to be present to such an extent as to involve risk of persons being overcome thereby, the following provisions shall apply, namely—

(a) the confined space or the other place shall, unless there is other adequate means of egress, be provided with a manhole, which may be rectangular, oval, or circular in shape and shall be not less that 457·2 millimetres (18 inches) long, 406·4 millimetres (16 inches) wide or (if circular) not less than 457·2 millimetres (18 inches) in diameter, or in the case of tank wagons and other mobile plant not less that 406·4 millimetres (16 inches) long, 355·6 millimetres (14 inches) wide or (if circular) not less than 406·4 millimetres (16 inches) in diameter,

(b) no person shall enter, or be permitted to enter, the confined space or the other place for any purpose unless the following requirements are complied with:

(i) all practicable steps shall be taken to remove any fumes which may be present and to prevent any ingress of fumes and, unless it has been ascertained by a suitable test that the space or other place is free from dangerous fumes, the person entering shall wear a belt or other suitable harness to which there is securely attached a rope of which the free end is held by a person outside, or

(ii) the person entering shall wear a suitable breathing apparatus,

(c) suitable breathing apparatus and a suitable reviving apparatus and suitable belts or other suitable harness and suitable ropes shall be provided and shall be maintained so as to be readily accessible and be thoroughly examined by a competent person at least once a month, or at such other intervals as may be prescribed,

(d) where a person enters the confined space or the other place, there shall be provided and maintained a suitable means of raising an alarm should the person, while inside the confined space or the other place, get into difficulty,

(e) a sufficient number of the persons employed (including in particular any person who has been provided for the purpose of either holding the free end referred to in paragraph (b) (i) of this subsection or of ensuring that the requirements of paragraph (d) of this subsection are complied with) shall be trained and practised in the use of such apparatus, and in a method of restoring respiration,

(f) a report on every examination under paragraph (c) of this subsection, signed by the person making the examination, shall be kept available for inspection.

(2) Without prejudice to subsection (1) of this section, a person shall not enter or remain for any purpose in any chamber, tank, vat, pit, pipe, flue or similar confined space or in any other place in which dangerous fumes are liable to be present to the extent specified in subsection (1) of this section, unless either—

(a) he is ensured of a supply of air adequate for respiration and to render harmless any fumes, or

(b) he is wearing a suitable breathing apparatus.”.

22. —(1) Section 45 of the Principal Act, as amended by section 7 of this Act, shall have effect in relation to any factory and, accordingly, that section shall be construed as if “to which this section applies” were deleted from each place where it occurs.

(2) Section 45 of the Principal Act is hereby further amended by—

(a) the addition to subsection (1) of the following proviso:

“Provided that where an application has been made for a certificate under this section, then for so long, but only for so long, as the certificate is neither given, refused nor deemed under subsection (3A) of this section to have been refused an offence by reason of the occupier not having in force any certificate shall be deemed not to be committed.”;

(b) the insertion after subsection (3) of the following subsections:

“(3A) Where an application is made to a sanitary authority for a certificate under this section and the authority decide to grant the certificate only if certain alterations are carried out to the factory concerned by the applicant, the authority shall notify the applicant and the Minister in writing of the decision and specify in writing the alterations they require to be carried out and the period within which they require such alterations to be carried out, and in case the applicant is so notified and such alterations are not carried out within the said period, or such extended period as the authority may allow, then on the expiration of such period or extended period, as may be appropriate, the application shall be deemed to have been refused.

(3B) In examining a factory under this section a sanitary authority shall be entitled to require the occupier of the factory to provide the authority with a copy of any plan, or line or simple dimensional drawing of the factory, or another similar document, and in case a requirement is made under this section, the person of whom the requirement is made shall forthwith comply therewith.”.

(3) The following is hereby substituted for subsection (2) of section 47 of the Principal Act:

“(2) Any doors opening on to any staircase or corridor in a factory from any room therein, being a room in which more than ten people are employed, and all other doors affording a means of exit from the factory for persons employed therein, shall, except in the case of sliding doors, be constructed to open outwards.”.

(4) (a) Every means of giving warning in case of fire which is provided in pursuance of section 47 (7) of the Principal Act shall be thoroughly examined and tested by a competent person at least once in every period of six months or in every such shorter period as is for the time being prescribed for the purpose of this section and also at any time when an inspector so requires.

(b) A record of the date of every test or examination carried out in pursuance of this subsection and of any defect found and the date and particulars of anything done to remedy such defect shall be entered in the general register.

(c) The Minister may by regulations prescribe the manner in which examinations and tests under this subsection are to be carried out.

23. —The following section is hereby substituted for section 48 of the Principal Act:

“48.—(1) Effective steps shall be taken to ensure that all persons employed in a factory are familiar with the means of escape in case of fire and its use and with the routine to be followed in case of fire.

(2) Fire drill, that is to say the procedure to be followed in evacuating premises in case there is an outbreak of fire or another emergency, shall be held in every factory—

(a) in case there is for the time being in force in relation to the factory a notice under this section, in accordance with the notice,

(b) in any other case, at least every six months,

and in addition to the foregoing fire drill held in pursuance of this section shall, in relation to a factory as regards which the manner in which it is to be carried out is not for the time being specified in such a notice, be held throughout the factory at the same time.

(3) (a) The Minister may by a notice in writing served on the occupier of a factory require fire drill, that is to say the procedure referred to in subsection (2) of this section, to be held in the factory at such intervals or in such circumstances or manner as may be specified in the notice.

(b) A notice under this subsection shall remain in force until it is withdrawn by the Minister by a further notice in writing served on the occupier concerned.

(4) A record containing the prescribed particulars shall be kept of fire drill held in pursuance of this section and such record shall be attached to the general register.”.

24. —(1) Section 32 (inserted by section 17 of this Act), section 45 and section 58 (as amended by section 20 of this Act) of the Principal Act shall apply to every dock, wharf, or quay (including any warehouse belonging to the owners, trustees or conservators of the dock, wharf or quay and any line or siding used in connection with and for the purposes of the dock, wharf or quay and not forming part of a railway or tramway) and every other warehouse (not forming part of a factory) in or for the purposes of which mechanical power is used, as if it were a factory, or, pending the commencement of section 7 (b) of this Act a factory to which the said section 45 applies, as may be appropriate, and as if the person having the actual use or occupation of it, or of any premises within or forming part of it, were the occupier of a factory.

(2) Subsection (3) of section 86 of the Principal Act is hereby amended by the substitution of “persons working at machines” for “young persons working at dangerous machines”, and the said subsection (3), as amended by this subsection and by section 7 of this Act, is set out in the Table to this subsection.

TABLE

The provisions of Part III of this Act with respect to prime movers, transmission machinery, other machinery, provisions as to unfenced machinery, construction and maintenance of fencing, construction of machinery, cleaning of machinery by young persons, training and supervision of persons working at machines, hoists and lifts, chains, ropes and lifting tackle, cranes and other lifting machines, construction and maintenance of floors, passages and stairs, and the power of the District Court to make orders as to dangerous factories shall apply to every warehouse mentioned in subsection (1) of this section as if the warehouse were a factory and as if the person having the actual use or occupation thereof were the occupier of a factory.

25. — Section 36 of the Principal Act is hereby amended by—

(a) the substitution of the following subsection for subsection (1):

“(1) All floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained and shall, as far as practicable, be kept free from any substance the presence of which would be likely to cause persons to slip.”;

and

(b) the addition to the section of the following subsection:

“(5) As on and from the expiration of the period of three years beginning on the commencement of section 25 of the Safety in Industry Act, 1980, the safe working load of any suspended floor in a factory shall be displayed on a notice which shall be posted and kept posted at the place where such floor is situate and in such position as will enable the notice easily to be read.”.

26. —(1) Every workroom, washroom and sanitary convenience provided in pursuance of section 17 of the Principal Act and accommodation provided in pursuance of either section 15 of this Act or section 54 of the Principal Act in any premises to which this section applies shall be constructed and maintained so as to exclude therefrom rain and any other wet or damp originating outside.

(2) Where in any premises to which this section applies a workplace which is not walled or otherwise enclosed is roofed or otherwise permanently covered, such roof or covering shall be impervious to water and shall be of sufficient area to ensure dry working conditions in the workplace.

(3) This section applies to any premises which is—

(a) a factory, or

(b) a premises referred to in paragraph (b) or (c) of section 15 (2) of this Act, or

(c) a dock, wharf, quay or warehouse mentioned in section 86 (1) of the Principal Act.

27. —(1) There shall be provided and properly maintained—

(a) in every factory or specified premises,

(b) at every place where work which is work described in section 87 (1) of the Principal Act is carried on,

suitable and adequate fire extinguishers or other fire-fighting equipment to fight initially an outbreak of fire, and equipment provided in pursuance of this section shall be placed so as to be readily available for use.

(2) Subject to subsection (4) (a) of this section, the Minister may make regulations—

(a) requiring prescribed equipment to be provided in factories and specified premises generally or in factories and specified premises of a prescribed class or description or in specified parts of factories and specified premises generally or of factories and specified premises of such a class or description, or in places mentioned in subsection (1) of this section, for initially fighting outbreaks of fire,

(b) providing for the examination and testing at prescribed intervals of fire-fighting equipment provided in pursuance of this section or regulations thereunder,

(c) providing for the recording in a prescribed manner of the particulars of such examinations and tests, including particulars of any defects found on any such examination or test, and

(d) providing for so recording particulars of the things done to remedy any such defect,

and provisions of regulations under this subsection may be in addition to or in substitution for any or all of the provisions of subsection (1) of this section.

(3) Subject to subsection (4) (a) of this section, the Minister may, as regards factories and specified premises generally or factories and specified premises of a prescribed class or description, make regulations requiring that suitable means be provided to alert the local fire brigade in case of an outbreak of fire and that of the persons employed at the factory or other premises there is for the time being an adequate number each of whom is familiar with its use.

(4) (a) Regulations shall be made under this section by the Minister only after consultation with the Minister for the Environment.

(b) Regulations under this section may impose duties on owners, employed persons, and other persons, as well as on occupiers.

(5) Subject to subsection (4) (a) of this section, the Minister may by regulations provide for the exemption from the requirements of subsection (1) of this section of any prescribed class or description of factory and specified premises or place either absolutely or subject to conditions.

28. — Section 35 of the Principal Act is hereby amended by—

(a) the substitution of the following subsection for subsection (2):

“(2) All such parts and gear as are specified in subsection (1) of this section shall be thoroughly examined by a competent person at least once in every—

(a) in the case of a vehicle lifting table, twenty-six months,

(b) in the case of any other lifting machine, fourteen months,

and a register shall be kept containing the prescribed particulars of every such examination.”;

and

(b) the substitution of the following subsections for subsection (8):

“(7A) No person under eighteen years shall be employed to operate a lifting machine which is driven by mechanical power unless he is under adequate supervision for purposes of training, and section 32 (1) of this Act (inserted by section 17 of the Safety in Industry Act, 1980) shall be construed and have effect subject to the provisions of this subsection.

(8) Where a person who is in control of a lifting machine which is driven by mechanical power, other than a lifting machine which is a computerised stacking machine or a lifting machine which is similar to a computerised stacking machine and which, in either case, is remotely and automatically controlled in relation to an automatic loading, unloading or transporting process, is at any time, while the machine is being used by him to lift a load, unable to see the load, another person, who shall be not less than eighteen years, shall be stationed in a position where he can see the load and be employed to give signals to the person using the machine.

(9) (a) Every signal given in relation to the moving or stopping of a lifting machine shall be both distinctive in character and such that the person to whom it is given can easily see or hear it, as may be appropriate.

(b) Any device, apparatus or other thing used to give signals to which paragraph (a) of this subsection applies shall be both properly maintained and adequately protected to prevent accidental interference or damage.

(10) In this section ‘lifting machine’ includes,

(a) a crane, crab, winch, teagle, pulley block, gin wheel, transporter, runway, straddle truck or straddle carrier,

(b) a vehicle which can be used to transport goods and which is fitted with forks or any other attachment for stacking, loading or unloading goods, and

(c) a lifting table which is used to give access to the underside of motor vehicles.”.

29. —(1) This section applies to the following things, namely:

(a) any hoist or lift,

(b) any crane or other lifting machine, and

(c) any chain, rope or other lifting tackle.

(2) Where a thing to which this section applies is examined in pursuance of section 33 , 34 or 35 of the Principal Act and the examination reveals that the thing examined can only be used safely if certain repairs are carried out, or if the person making the examination foresees a need for such repairs, the person making the examination shall forthwith inform the occupier of the need for the repairs, or the potential need, and in the case of such potential need specify the period within which, in his opinion, the repairs should be carried out, and the person who caused the examination to be made shall not later than twenty-eight days after completion of the examination send a copy of the report to the Minister.

(3) Where a report of an examination of a thing to which this section applies which is carried out in pursuance of section 33 , 34 or 35 of the Principal Act specifies conditions for securing the safe working of such thing, notwithstanding anything contained in the Principal Act, the thing shall only be used in accordance with those conditions.

(4) A lift or hoist shall not be taken into use in any premises to which this section applies for the first time unless it has been tested and thoroughly examined by a competent person and a certificate of such test and examination specifying the safe working load of the lift or hoist has been obtained.

(5) A certificate obtained in pursuance of subsection (4) of this section shall be kept available for inspection at the relevant premises.

(6) This section applies to premises which are premises to which section 26 of this Act applies.

30. —The Principal Act is hereby amended by the substitution of the following subsection for subsection (1) of section 29:

“(1) Where a fixed vessel, structure, sump or pit of which the edge is less than one metre (39.37 inches) above the adjoining ground or platform—

(a) contains or is likely to contain any scalding, corrosive or poisonous liquid, or

(b) contains or is likely to contain to a depth of more than one metre (39.37 inches) any liquid or other substance or material capable of flowing,

then—

(i) it shall be securely covered or securely fenced to at least a height of one metre (39.37 inches), or

(ii) 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.”.

31. — Section 40 of the Principal Act is hereby amended by—

(a) the substitution of the following subsection for subsection (7):

“(7) Every steam boiler and all its fittings and attachments shall be thoroughly examined by a competent person at least once in every fourteen months, and also after any extensive repairs, and in case a steam boiler has been in use for fourteen months or has been extensively repaired, the boiler shall not be further used until it has been examined in accordance with this subsection.”;

and

(b) the substitution of “within three months of the completion of the first part of the examination” for “as soon as possible thereafter” in subsection (8),

and the said subsection (8), as so amended, is set out in the Table to this section.

TABLE

Any examination in accordance with the requirements of subsection (7) of this section shall consist, in the first place, of an examination of the boiler when it is cold and the interior and exterior have been prepared in the prescribed manner, and secondly, except in the case of an economiser or superheater, of an examination when it is under normal steam pressure, and the two parts of the examination may be carried out by different persons; the examination under steam pressure shall be made on the first occasion when steam is raised after the examination of the boiler when cold, or within three months of the completion of the first part of the examination, and the person making the examination shall see that the safety valve is so adjusted as to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure.

32. — Section 41 of the Principal Act is hereby amended by the insertion of the following subsections after subsection (7):

“(7A) (a) A steam receiver which has previously been used shall not be taken into use in any factory for the first time in that factory until it has been examined thoroughly and reported on by a competent person so far as the construction of the receiver permits.

(b) A report of the results of every examination under paragraph (a) of this subsection containing the particulars prescribed for the purposes of subsection (6) of this section shall be entered in or attached to the general register.

(7B) A new steam receiver shall not be taken into use in any factory unless—

(a) there has been obtained from the manufacturer, or from a boiler inspecting company or association, a certificate specifying the maximum permissible working pressure thereof and stating the nature of the tests to which the receiver and fittings have been submitted,

(b) the certificate is kept available for inspection, and

(c) the steam receiver is so marked as to enable it to be identified as the steam receiver to which the certificate relates.

(7C) The person making the report of any examination under this section, or, in the case of a boiler inspecting company or association, the chief engineer thereof, shall within twenty-eight days of the completion of the examination send to the Minister a copy of the report in every case where the maximum permissible working pressure is reduced, or the examination shows that the steam receiver cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time.”.

33. — Section 42 of the Principal Act is hereby amended by the insertion of the following subsections after subsection (7):

“(7A) (a) An air receiver which has previously been used shall not be taken into use in any factory for the first time in that factory until it has been thoroughly examined and tested by a competent person so far as the construction of the receiver permits.

(b) A report of the results of every examination and test under paragraph (a) of this subsection containing the particulars prescribed for the purposes of subsection (7) of this section shall be entered in or attached to the general register.

(7B) A new air receiver shall not be taken into use in any factory unless—

(a) there has been obtained from the manufacturer, or from a competent person, a certificate specifying the maximum permissible working pressure thereof and stating the nature of the tests to which the air receiver and fittings have been submitted,

(b) the certificate is kept available for inspection, and

(c) the air receiver is so marked as to enable it to be identified as the air receiver to which the certificate relates.

(7C) The person making the report of any examination under this section, or in the case of an air receiver inspecting company or association, the chief engineer thereof, shall within twenty-eight days of the completion of the examination send to the Minister a copy of the report in every case where the maximum permissible working pressure is reduced, or the examination shows that the air receiver cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time.”.

34. — Section 74 of the Principal Act is hereby amended by—

(a) the substitution of “performing the normal duties of his employment” for “earning full wages at the work at which he was employed” in paragraph (b) of subsection (1), and the said subsection (1), as so amended, is set out in the Table to this section; and

(b) the addition to the section of the following subsections:

“(5) (a) Where an accident which is notifiable under subsection (1) of this section occurs and causes loss of life to a person employed in the relevant factory, no person shall disturb the place where it occurred or tamper with anything thereat before—

(i) the expiration of three clear days after notification in accordance with this section of the accident, or

(ii) that place has been both visited by an inspector and inspected by him in exercise of the powers conferred on him by the Acts.

(b) Nothing in this subsection shall prohibit the doing of anything by or with the consent of an inspector.

(c) In any proceedings taken in respect of a contravention of this subsection consisting of the doing of any act, it shall be a defence to prove that the doing of the act was necessary for securing the safety of any person.

(6) Any person who contravenes subsection (5) of this section shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £150.”.

TABLE

Where any accident occurs in a factory which either—

(a) causes loss of life to a person employed in that factory, or

(b) disables any such person for more than three days from performing the normal duties of his employment,

written notice of the accident, in the prescribed form and accompanied by the prescribed particulars, shall forthwith be sent to the Minister.