PART V

Miscellaneous

49. —The chairman of the Advisory Council established by section 127 of the Principal Act shall be paid such remuneration and allowances as may be determined by the Minister with the consent of the Minister for the Public Service.

50. —(1) (a) The Minister may designate under this subsection a registered medical practitioner.

(b) A person who for the time being stands designated under this subsection shall be known, and is in this section subsequently referred to, as an “industrial medical adviser”.

(c) It shall be the duty of an industrial medical adviser—

(i) in case for the time being there does not stand designated under this subsection any other industrial medical adviser, to advise the Minister professionally in relation to his functions under the Acts,

(ii) in case there stands for the time being so designated one or more other industrial medical advisers, to advise the Minister professionally in relation to such of his functions under the Acts as the Minister shall from time to time specify in writing in relation to him.

(2) (a) The Minister may by a direction in writing direct that any person who is for the time being an industrial medical adviser shall have all the powers of an inspector for the purposes of the Acts and in case the Minister so directs, then for so long as the direction is in force, references in the Acts, other than in section 95 of the Principal Act, to an inspector shall be construed as including a reference to an industrial medical adviser.

(b) In case the Minister gives a direction under this subsection, every industrial medical adviser shall be furnished with a certified copy of the direction, and when visiting a factory or a place to which any of the provisions of this Act apply, shall, if so required, produce the document to the occupier or any other person holding a responsible position of management at the factory or place.

(3) Subsection (2) of section 93 of the Principal Act shall apply to a direction under this section as it applies to an authorisation under that section.

(4) It shall be the duty of an industrial medical adviser, on behalf of the Minister, to accept and keep custody of any notice, report or certificate required by the Acts or by regulations under the Acts to be sent to the Minister by a registered medical practitioner.

(5) An industrial medical adviser may—

(a) invite any person who, in such adviser's opinion, either has been or may be exposed in the course of his employment in a factory or specified premises to any risk of bodily injury or other danger to his health,

(b) for the purpose of comparing with that of other persons the state of health of persons employed in different factories or specified premises or in different places in the same factory or specified premises, invite any person to be medically examined, at such place as he shall designate, either by him or on his behalf or by or on behalf of such certifying doctor or other registered medical practitioner as he shall specify.

(6) Where an industiral medical adviser is appointed to be a certifying doctor for the purposes of the Acts, no fee shall be payable to him as regards the carrying out of his duties as such doctor.

51. —Subsection (1) of section 80 of the Principal Act is hereby amended by the insertion of “, or by a registered medical practitioner approved for the purposes of this section by the Minister,” after “the certifying doctor”, and the said subsection (1), as so amended, is set out in the Table to this section.

TABLE

Subject to the provisions of this section, a young person who is taken into any employment in a factory shall not remain in that employment after the expiration of ten working days (or such longer period as may be prescribed) unless he has been examined by the certifying doctor, or by a registered medical practitioner approved for the purposes of this section by the Minister, and certified by him to be fit for that employment.

52. —(1) Subject to subsection (2) of this section, the fee payable to medical practitioners under section 76 of the Principal Act (which requires medical practitioners to notify the Minister of industrial diseases) shall be a fee of one pound, and, accordingly, subsection (1) of the said section 76 shall be construed and have effect as if the reference therein to two shillings and sixpence were a reference to one pound.

(2) The Minister may with the consent of the Minister for the Public Service by regulations fix the amount of the fee referred to in subsection (1) of this section, and in case regulations under this subsection are for the time being in force, section 76 (1) of the principal Act, as amended by subsection (1) of this section, shall be construed and have effect as if for the reference therein to one pound there were substituted a reference to the amount specified in the regulations.

53. —Where an inspector enters a factory pursuant to section 94 of the Principal Act and it appears to him to be necessary for the purpose of carrying any provision of the Acts into effect, he may do any or all of the following, namely,

(a) take a sample of the atmosphere in any part of the factory,

(b) as regards any article or substance he finds in the factory, require the occupier or any person he finds in the factory or a person appearing to him to be in possession of the article or substance, to supply without payment for test, examination or analysis, a sample thereof,

(c) take any measurement or photograph or make any tape or other electrical recording which he considers necessary for the purposes of any inspection, examination or inquiry made by him under the said section 94, and in case of a failure to comply with a requirement made under this section, the inspector concerned may take without payment for test, examination or analysis, a sample of the article or substance in relation to which the requirement was made.

54. —Where—

(a) a prohibition notice is served, or

(b) (i) there is known to the Minister, by virtue of the performance of his functions under this Act or otherwise, any fact or matter regarding a factory or specified premises, or any substance which the Minister believes to be in, or any process carried on at, a factory or specified premises, or

(ii) by virtue of such performance or otherwise the Minister knows, or believes to be the case, any other fact or matter, and

(iii) in either case, the fact or matter is in the opinion of the Minister relevant to the safety, health or welfare of persons employed at the factory or specified premises,

the Minister may in his absolute discretion publish the service or other fact or matter to a person who as regards the factory or specified premises concerned is for the time being a safety representative, safety delegate, a member of a safety committee or a safety officer, and in case such service, fact or matter is so published by the Minister, the publication shall enjoy qualified privilege.

55. —Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for any offence under this Act or the Principal Act may be instituted at any time within one year after the date of the offence.

56. —The following provisions shall have effect:

(a) the maximum penalty for an offence under section 74 (3), 76 (2), 76 (5) or 91 (5) of the Principal Act shall be a fine of £15, and, accordingly, each of those sections shall be construed and have effect as if the reference therein to five pounds were a reference to £15,

(b) the maximum penalty for an offence under section 40 (14) of the Principal Act shall be a fine of £150, and, accordingly, that section shall be construed and have effect as if the reference therein to fifty pounds were a reference to £150,

(c) the maximum penalties for an offence under section 45 (2) of the Principal Act shall be a fine of £150 and a further fine (not exceeding £600 in all) of £30 for each day on which the offence continues, and, accordingly, that section shall be construed and have effect subject to the provisions of this paragraph,

(d) the maximum penalty for an offence under section 72 (4) of the Principal Act shall be a fine of £300, and, accordingly, that section shall be construed and have effect as if the reference therein to one hundred pounds were a reference to £300,

(e) the maximum penalty for an offence under section 78 (2) (g) of the Principal Act shall be—

(i) in the case of the offence first mentioned in that section, a fine of £60, and

(ii) in the case of the further offence mentioned in that section, a fine (not exceeding £600 in all) of £30 for each day on which the offence continues,

and, accordingly, that section shall be construed and have effect subject to the provisions of this paragraph,

(f) the maximum fine which may be imposed as a penalty for an offence under section 98 (5) of the Principal Act shall be £300, and, accordingly, that section shall be construed and have effect as if the reference therein to one hundred pounds were a reference to £300,

(g) the maximum penalties for an offence under section 101 of the Principal Act shall be a fine of £100 and a further fine (not exceeding £600 in all) of £10 for each day on which the offence continues, and, accordingly, that section shall be construed and have effect subject to the provisions of this paragraph,

(h) the maximum penalty for an offence under section 102 of the Principal Act shall be a fine (not exceeding £600 in all) of £15 for each day on which non-compliance with the relevant order under that section continues, and, accordingly, the said section 102 shall be construed and have effect subject to the provisions of this paragraph,

(i) the maximum penalty for an offence under section 103 (1) of the Principal Act shall be a fine of £500, and, accordingly, the reference in that section to two hundred pounds shall be construed as a reference to £500,

(j) the maximum penalty for an offence under section 104 of the Principal Act shall be a fine of £6, and, accordingly, that section shall be construed and have effect as if the reference therein to two pounds were a reference to £6,

(k) the maximum fine which may be imposed as a penalty for an offence under section 105 of the Principal Act shall be £150, and, accordingly, that section shall be construed and have effect as if the reference therein to forty pounds were a reference to £150,

(l) the maximum penalty for an offence under section 119 (1) of the Principal Act shall be a fine of £30, or a fine of £3 for each day since the expiration of the month described in that section, whichever is the greater, and, accordingly, that section shall be construed and have effect as if the references therein to ten pounds and one pound were references to £30 and £3, respectively, and

(m) the maximum penalty for an offence under section 120 (3) of the Principal Act shall be a fine of £30, and, accordingly, that section shall be construed and have effect as if the reference therein to ten pounds were a reference to £30.