Factories Act
Factories Act
Factories Act
FACTORIES ACT
(CHAPTER 104)
Act
6 of 1973
Amended by
19 of 1978
27 of 1979
5 of 1984
2 of 1986
S 235/75
S 158/76
S 125/79
S 54/80
S 228/85
Factories Act
ARRANGEMENT OF SECTIONS
Part I
Short Title and Application
Section
1. Short title.
2. General application of this Act.
3. Application to factories belonging to Government.
4. Power to exempt in case of public emergency.
5. Power to exempt.
Part II
Interpretation
6. Interpretation of “factory”.
7. General interpretation.
Part III
Registration of Factories
8. Register of factories.
9. Registration of factories.
10. Notification by inspector of defects in factory.
11. Interpretation.
Part IV
Health (General Provisions)
12. Cleanliness.
13. Overcrowding.
14. Ventilation.
15. Lighting.
16. Drainage of floors.
17. Sanitary conveniences.
Part V
Safety (General Provisions)
18. Prime movers.
19. Electric generators and motors.
1
Section
20. Electrical installations and equipment.
21. Transmission machinery.
22. Other machinery.
23. Provisions as to unfenced machinery.
24. Construction and maintenance.
25. Construction and disposal of new machinery.
26. Dangerous substances.
27. Self-acting machines.
28. Training and supervision of inexperienced workers.
29. Hoists and lifts.
30. Lifting gear.
31. Lifting appliances and lifting machines.
32. Register of lifting gear, etc.
33. Safe means of access and safe place of employment.
34. Dangerous fumes and lack of oxygen.
35. Precautions with regard to explosive or inflammable dust, gas,
vapour or substance.
36. Steam boilers.
37. Steam receivers and steam containers.
38. Cast-iron underfired vulcanisers.
39. Air receivers.
40. Refrigerating plant pressure receivers.
41. Pressure vessels containing corrosive, toxic, explosive or
inflammable substance.
42. Pipelines and equipment conveying certain substances.
43. Exemptions from sections 36, 37, 38, 39 and 40.
44. Gas plants.
45. Repair of pressure vessel.
46. Prevention of fire.
47. Safety provisions in case of fire.
48. Power of Chief Inspector to make orders.
49. Power to prohibit work or processes in certain circumstances.
50. Appeal from order made by Chief Inspector.
51. Notification of accidents and dangerous occurrences.
52. Investigation into accidents and dangerous occurrences.
53. Alteration or addition to machinery, equipment, etc.
54. Minister may direct inquiry to be held into accident and
dangerous occurrence.
Part VI
Welfare (General Provisions)
55. Supply of drinking water.
56. Washing facilities and accommodation for clothing.
57. Exemption as to washing facilities.
58. First-aid.
Part VII
Health, Safety and Welfare (Special Provisions and Regulations)
59. Removal of dust or fumes.
Section
60. Poisonous substances.
61. Meals in certain dangerous trades.
62. Protective clothing and appliances.
63. Protection of eyes in certain processes.
64. Reduction of noise or vibration.
65. Protection against harmful processes or substances.
66. Power of Chief Inspector to require separate changing and
washing facilities.
67. Notification of industrial diseases.
68. Power to make regulations.
69. Medical supervision.
70. Power to take samples.
71. Safety officers.
72. Safety committees.
Part VIII
Special Applications and Extensions
73. Premises where part of building is separate factory.
74. Docks, etc.
75. Ships.
76. Premises in which steam boilers and air receivers are used.
77. Regulations in respect of building operations, etc.
Part IX
Miscellaneous
78. Periodical examinations when a boiler inspector or an approved
person not available.
79. Factory records.
80. Duties of persons employed.
81. Persons employed not to cause danger.
82. Prohibition of deductions from wages.
Part X
Administration
83. Administration of this Act.
84. Appointment of inspectors.
85. Powers of inspectors.
86. Power of inspector to conduct proceedings before a Magistrate’s
Court or District Court.
87. Persons not to reveal secrets.
Part XI
Offences, Penalties and Legal Proceedings
88. Offences.
89. Penalty for offences for which no express penalty is provided.
90. Power of court to order cause of contravention to be remedied.
91. Forgery of certificates, false entries and false declarations.
Section
92. Penalty on persons actually committing offence for which other
person is liable.
93. Power of person primarily liable to exempt himself from liability.
94. Proceedings against persons not primarily liable.
95. Owner of machine liable in certain cases instead of occupier.
96. Prosecution of offences.
97. Power to compound offences.
98. Special provisions as to evidence.
99. Service and sending of documents, etc.
100. Power to modify agreements.
101. Power to apportion expenses.
Part XII
General
102. Regulations.
103. Advisory Council for Industrial Health and Safety.
104. Power of Minister to amend Schedules.
105. Saving.
106. Transitional provisions.
The Schedules.
Part II
Interpretation
6.—(1) Subject to this section, “factory” means any Interpre
premises in which, or within the close or curtilage or tation of
“factory”.
precincts of which, persons are employed in manual labour
in any process for or incidental to any of the following
purposes:
(a) the making of any article or of part of any article;
(b) the altering, repairing, ornamenting, finishing,
cleaning, or washing, or the breaking up or
demolition of any article; or
(c) the adapting for sale of any article,
being premises in which, or within the close or curtilage or
precincts of which, the work is carried on by way of trade or
for purposes of gain and to or over which the employer of
the persons employed therein’ has the right of access or
control.
(2) Whether or not premises are factories by reason of 19/78.
the foregoing definition, “factory” also includes the
following premises in which persons are employed in
manual labour:
(a) any yard or dry dock (including the precincts
thereof) in which ships are constructed,
reconstructed, repaired, refitted, finished or
broken up;
(b) any premises in which the business of sorting
articles is carried on as a preliminary to the work
carried on in any factory or incidentally to the
purposes of any factory;
(c) any premises in which the business of washing or
filling bottles or containers or packing articles is
carried on incidentally to the purposes of any
factory;
(d) any premises in which the business of hooking,
plaiting, lapping, making up or packing of yarn
or cloth is carried on;
(e) any laundry carried on as ancillary to another
business or incidentally to the purposes of any
public institution;
(f) any premises in which the construction, reconstruc
tion or repair of locomotives, aircraft, vehicles
or other plant for use for transport purposes is
carried on as ancillary to a transport under
taking or other industrial or commercial under
taking, not being any premises used for the
purpose of housing locomotives, aircraft or
vehicles where only cleaning, washing, running
repairs or minor adjustments are carried out;
(g) any premises in which printing by letter press,
lithography, photogravure, or other similar
process, or bookbinding is carried on by way of
trade or for purposes of gain or incidentally to
another business so carried on;
(h) any premises in which the making, adaptation or
repair of dresses, scenery or properties is carried
on incidentally to the production, exhibition or
presentation by way of trade or for purposes of
gain of cinematograph films or theatrical
performances, not being a stage or dressing-
room of a theatre in which only occasional
adaptations or repairs are made;
(i) any premises in which the business of making or
mending nets is carried on incidentally to the
fishing industry;
(j) any premises in which mechanical power is used in
connection with the making or repair of any
article incidentally to any business carried on by
way of trade or for purposes of gain;
(k) any premises in which the production of cinemato
graph films is carried on by way of trade or for
purposes of gain, so however that the employ
ment at any such premises of theatrical
performers and of attendants on such theatrical
performers shall not be deemed to be employ
ment in a factory;
(l) any premises in which articles are made or
prepared incidentally to the carrying on of
building operations or works of engineering
construction, not being premises in which such
operations or works are being carried on;
(m) any premises used for the storage of gas in a gas-
holder having a storage capacity of not less than
140 cubic metres;
(n) any premises in which persons are employed in or
in connection with the generating of electrical
energy for supply by way of trade, or for supply
for the purposes of any industrial or commercial
undertaking or of any public building or public
institution, or for supply to streets or other
public places;
(o) any premises in which mechanical power is used for
the purposes of or in connection with a water
supply, being premises in which persons are
regularly employed;
(p) any sewage works in which mechanical power is
used and any pumping station used in connec
tion therewith;
(q) any premises in which building operations or works
of engineering construction are being carried
on.
(3) Any line or siding, which is used in connection with
and for the purposes of a factory, shall be deemed to be part
of the factory; and if any such line or siding is used in
connection with more than one factory belonging to
different occupiers, the line or siding shall be deemed to be
a separate factory.
(4) Any workplace in which, with the permission of or
under agreement with the owner or occupier, 10 or more
persons carry on any work which would constitute the
workplace a factory if the persons working therein were in
the employment of the owner or occupier of the workplace,
shall be deemed to be a factory for the purposes of this Act,
and, in the case of any such workplace, the provisions of this
Act shall apply as if the owner or occupier of the workplace
were the occupier of the factory and the persons working
therein were persons employed in the factory.
(5) No premises shall be deemed to be a factory in which
less than 10 persons are employed and in which —
(a) no mechanical power, steam boiler, steam
container, steam receiver, cast-iron underfired
vulcaniser, air receiver, refrigerating plant
pressure receiver or gas plant is used; and
(b) no highly inflammable or noxious substance is
manipulated, used or created.
(6) Where a place situated within the close, curtilage or
precincts forming a factory is solely used for some purpose
other than the processes carried on in the factory, that place
shall not be deemed to form part of the factory for the
purposes of this Act, but shall, if otherwise it would be a
factory, be deemed to be a separate factory.
(7) A part of a factory may, with the approval in writing
of the Chief Inspector, be deemed to be a separate factory;
and two or more factories may, with the approval in writing
of the Chief Inspector, be deemed to be a single factory.
(8) Premises shall not be excluded from the definition of
a factory by reason only that they are open air premises.
(9) Any premises belonging to or in the occupation of the
Government or of any statutory board or body shall not be
deemed not to be a factory, and any premises in which
building operations or works of engineering construction
are carried on by or on behalf of the Government or any
such board or body shall not be excluded from the operation
of this Act by reason only that the work carried on thereat is
not carried on by way of trade or for purposes of gain.
Part III
Registration of Factories
8.—(1) The Chief Inspector shall keep a register of Register of
factories, in which shall be entered such particulars in factories.
Inter
11. For the purposes of this Part —
pretation. “certificate” means a certificate of registration issued
under section 9;
“permit” means a provisional factory permit issued
under section 9;
“registered factory” means a factory in respect of
which a certificate or permit is for the time being in
force;
“unregistered factory” means a factory which is not a
registered factory.
Part IV
Health (General Provisions)
Cleanliness. 12.—(1) Every factory shall be kept in a clean state, and
free from effluvia arising from any drain, sanitary con
venience or other nuisance, and, without prejudice to the
generality of the foregoing provision —
(a) accumulations of dirt and refuse shall be removed
daily by a suitable method from the floors and
benches of workrooms, and from the staircases
and passages;
(b) the floor of every workroom shall be cleaned at
least once in every week by washing or, if it is
effective and suitable, by sweeping or other
method;
(c) all inside walls and partitions, and all ceilings or
tops of rooms, and all walls, sides and tops of
passages and staircases shall —
(i) where they have a smooth impervious
surface, at least once in every 12
months, be washed with hot water and
soap or other suitable detergent or
cleaned by such other method as may be
approved by the Chief Inspector;
(ii) where they are kept painted with oil paint
or varnished, be repainted or
revarnished at least once in every 7
years, and at least once in every 12
months be washed with hot water and
soap or other suitable detergent or
cleaned by such other method as may be
approved by the Chief Inspector;
(iii) in other cases, be kept whitewashed or
colour-washed and the whitewashing or
colour-washing shall be repeated at least
once in every 12 months.
(2) Where it appears to the Minister that in any class or
description of factories or parts thereof any of the provisions
of subsection (1) are not required for the purpose of keeping
the factories in a clean state, or are by reason of special
circumstances inappropriate or inadequate for such
purpose, he may, if he thinks fit, by order to be published in
the Gazette direct that those provisions shall not apply to
factories, or parts of factories, of that class or description or
shall apply as varied by the order.
Part V
Safety (General Provisions)
18. Every flywheel directly connected to any prime Prime
movers.
mover and every moving part of any prime mover except
such prime movers as are mentioned in section 19, shall be
securely fenced, whether the flywheel or prime mover is
situated in an engine-house or not.
Steam 37.—(1) Every steam receiver and every part thereof and
receivers all its fittings shall be of good construction, sound material,
and steam
containers. adequate strength, and free from patent defect, and shall be
2/86. properly maintained.
(2) Every steam receiver, not so constructed and main
tained as to withstand with safety the maximum permissible
working pressure of the boiler or the maximum pressure
which can be obtained in the pipe connecting the receiver
with any source of supply, shall be fitted with —
(a) a suitable reducing valve or other suitable auto
matic appliance to prevent the safe working
pressure of the receiver being exceeded;
(b) a suitable safety valve so adjusted as to permit the
steam to escape as soon as the safe working
pressure is exceeded, or a suitable appliance for
cutting off automatically the supply of steam as
soon as the safe working pressure is exceeded;
(c) a correct steam pressure gauge, which shall
indicate the pressure of steam in the receiver;
(d) a suitable stop-valve; and
(e) except where only one steam receiver is in use, a
plate bearing a distinctive number which shall be
easily visible,
and the safety valve and pressure gauge shall be fitted either
on the steam receiver or on the supply pipe between the
receiver and the reducing valve or other appliance to
prevent the safe working pressure being exceeded.
(3) For the purpose of subsection (2), except paragraph
(e) thereof, any set of receivers supplied with steam through
a single pipe and forming part of a single machine may be
treated as one receiver, and for the purpose of that
subsection, except paragraphs (d) and (e) thereof, any other
set of receivers supplied with steam through a single pipe
may be treated as one receiver but this subsection shall not
apply to any such set of receivers unless the reducing valve
or other appliance to prevent the safe working pressure
being exceeded is fitted on that single pipe.
(4) Every steam receiver and all its fittings shall be
thoroughly examined by an authorised boiler inspector, so
far as the construction of the receiver permits, at least once
in every 24 months.
(5) The Chief Inspector may, if he thinks fit, by a certi 5/84.
ficate in writing authorise, subject to any conditions speci
fied in the certificate, a period exceeding 24 months within
which the examination under subsection (4) is to be made.
(6) A report of the result of every such examination in
the prescribed form and containing the prescribed
particulars (including particulars of the safe working
pressure), shall be prepared in duplicate and signed by the
person making the examination. A copy of such report shall
be handed to the occupier of the factory and the other copy
shall be sent to the Chief Inspector.
(7) No steam receiver which has previously been used
shall be taken into use in any factory for the first time in that
factory until it has been examined and reported on in
accordance with subsections (4) and (6); and no new steam
receiver shall be taken into use unless there has been
obtained from the Chief Inspector a certificate specifying
the safe working pressure of the receiver and stating the
nature of the tests to which the receiver and fittings have
been submitted, and the certificate is kept available for
inspection, and the receiver is so marked as to enable it to
be identified as the receiver to which the certificate relates.
(8) Any person who for the purposes of this section
desires that an examination of a steam receiver should be
carried out by, and any person who in order to obtain the
certificate referred to in subsection (7) desires that the
necessary tests should be carried out by, any authorised
boiler inspector who is an inspector, shall notify the Chief
Inspector accordingly and, on payment by such person of
the prescribed fee, the Chief Inspector shall instruct such an
authorised boiler inspector to carry out the examination or
the tests, as the case may be.
(9) Every steam container shall be so maintained as to
secure that the outlet is at all times kept open and free from
obstruction.
Pipelines and 42. Every pipeline, pump, compressor and other equip
equipment ment which are used to convey steam, air, refrigerant or any
conveying
certain corrosive, toxic, explosive or inflammable substance, and
substances. every part thereof and all fittings and attachments thereto,
5/84.
shall be of good construction, sound material, adequate
strength, and free from patent defect and shall be properly
maintained. [40b
44.—(1) All gas plants shall be of sound construction and Gas plants.
properly maintained.
(2) The Minister may make regulations to be published in
the Gazette specifying the nature of any gas plant that may
be used, the type of fittings and pipes that may be used in
all or any types of gas plant, and may in such regulations
make provision for the inspection of gas plants and the
prohibition of their use if they contravene or do not comply
with any of the provisions of such regulations.
(3) Section 102 (2) and (3) shall apply to regulations
made under this section.
(4) In this section —
“gas” includes any gas whether in its gaseous or liquid
state;
“gas plant” means any plant, apparatus or machine for
the manufacture or storage of gas and includes
pipes and appliances used in carrying the gas to the
place where it is to be used.
(5) Every water-sealed gasholder which has a storage
capacity of not less than 25 cubic metres shall be thoroughly
examined externally by a competent person at least once in
every two years and a record containing the prescribed
particulars of every such examination shall be entered in or
attached to a register.
(6) No gasholder shall be repaired or demolished except
under the direct supervision of a person who, by his training
and experience and his knowledge of the necessary precau
tions against risks of explosion and of persons being over
come by gas, is competent to supervise such work.
(7) No gas filling shall be allowed except under the direct
supervision of a person who, by his training and experience
and his knowledge of the necessary precautions against any
risk, is competent to supervise such work.
(8) No gas cylinder for corrosive gases shall be filled
unless it has been examined or tested by a competent person
at least once within a period of two years and no gas cylinder
for other gases shall be filled unless it has been examined or
tested by a competent person at least once within a period of
5 years and the result of such examination or test shall be
entered into a register and kept for inspection by an
inspector. [42
Prevention 46. —(1) All practical steps shall be taken to keep sources
of fire. of heat or ignition separate from inflammable materials or
19/78.
any process giving rise to any inflammable gas or vapour.
(2) In every factory there shall be provided and main
tained, so as to be readily accessible, means of extinguishing
fire, which shall be adequate and suitable having regard to
the circumstances of each case.
(3) The means of extinguishing fire provided in accord
ance with subsection (2) shall be tested at regular intervals
by a competent person. [44
Safety 47. —(1) Every factory shall be provided with such means
provisions of escape in case of fire for the persons employed therein as
in case
of fire. may be reasonably required in the circumstances of each
case.
(2) All such means of escape as aforesaid shall be
properly maintained and kept free from obstruction.
(3) The contents of any room in which persons are
employed shall be so arranged or disposed that there is a
free passageway for all persons employed in a room to a
means of escape in case of fire.
(4) While any person is within a factory for the purpose
of employment, the doors of the factory, and of any room
therein in which the person is, and any doors which afford a
means of exit for persons employed in the factory from any
building or from any enclosure in which the factory is
situated, shall not be locked or fastened in such manner that
they cannot be easily and immediately opened from the
inside.
(5) In every factory, all doors affording means of exit
from the factory for the persons employed therein shall,
except in the case of sliding doors, be constructed to open
outwards.
(6) Every window, door or other exit affording means of
escape in case of fire or giving access thereto, other than the
means of exit in ordinary use, shall be distinctively and
conspicuously marked by a notice printed in red letters of an
adequate size in languages understood by the persons
employed in the factory.
(7) In every factory effective steps shall be taken to
ensure that all the persons employed are familiar with the
means of escape in case of fire and their use, and with the
routine to be followed in case of fire.
(8) In every factory effective warning devices, capable of
being operated without exposing any person to undue risk,
shall be provided, maintained and tested at least once every
month giving warning in case of fire, which shall be clearly
audible throughout the factory. [45
Washing 56. —(1) There shall be provided and maintained for the
facilities and
accommoda
use of employed persons adequate and suitable facilities for
tion for washing which shall include a supply of clean water and, in
clothing. addition, soap and clean towels or other suitable means of
cleaning or drying; and the facilities shall be conveniently
accessible and shall be kept in a clean, safe and orderly
condition.
(2) There shall be provided and maintained for the use of
employed persons adequate and suitable accommodation
for clothing not worn during working hours. [51
Part VII
Health, Safety and Welfare
(Special Provisions and Regulations)
59.—(1) In every factory in which, in connection with Removal of
dust or
any process carried on, there is given off any dust or fume or fumes.
other impurity of such a character and to such extent as to 19/78.
be likely to be injurious or offensive to the persons
employed, or any substantial quantity of dust of any kind,
all practicable measures shall be taken to protect the
persons employed against inhalation of the dust or fume or
other impurity and to prevent its accumulating in any
workplace, 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 workplace.
(2) No stationary internal combustion engine shall be 19/78.
used unless provision is made for conducting the exhaust
gases from the engine into the open air.
(3) The atmosphere of any workplace in which dangerous 19/78
5/84.
or obnoxious substances are manufactured, handled or
used shall be tested by a competent person at sufficient
intervals to ensure that toxic or irritating dusts, fumes,
gases, fibres, mist or vapours are not present in quantities
liable to injure health of persons employed.
(4) A record of the result of every test carried out under 5/84.
subsection (3) shall be kept available for inspection by an
inspector for at least 3 years from the date of the test.
(5) The occupier of a factory shall place warning notices
in places where there are special risks to which the persons
employed are exposed and the precautions to be taken to
obviate such risks.
19/78. (6) The requirements of subsections (1) and (3) shall not
apply to any workplace where it is impracticable to comply
with such requirements and where breathing apparatus is
used by a person working thereat.
19/78. (7) The Minister may by order published in the Gazette
specify the permissible levels of toxic substances in the
workplace of a factory. [54
71. —(1) This section shall apply to such class or descrip Safety
tion of factories as the Minister may, by order published in officers.
Part VIII
Special Applications and Extensions
73.—(1) Where a part of a building is let off as a separate Premises
where part
factory — of building
(a) the provisions of this Act mentioned in this para is separate
factory.
graph shall apply to any part of the building used 19/78.
for the purposes of the factory but not
comprised therein, that is to say:
(i) the provisions of Part IV with respect to
cleanliness and lighting;
(ii) the provisions of Part V with respect to
prime movers, electric generators and
motors, transmission machinery, hoists
and lifts, lifting gear, lifting appliances
and lifting machines, safe means of
access and safe place of employment,
steam boilers, steam receivers and
steam containers, cast-iron underfired
vulcanisers, air receivers and refrigerat
ing plant pressure receivers (including
the provisions as to exemptions in
respect thereto);
(iii) the provisions of Part V as to the power of
the Chief Inspector to make orders and
the power of the Minister to make
orders,
and the owner of the building shall be respon
sible for any contravention of the provisions
mentioned in sub-paragraphs (i) and (ii);
(b) the owner of the building shall also be responsible
instead of the occupier of the factory, for any
contravention as regards the factory of the
provisions of Part IV with respect to sanitary
conveniences and the provisions of Part V
relating to hoists and lifts, prevention of fire,
and safety provisions in case of fire, and, for the
purposes of section 47 as regards prevention of
fire and safety provisions in case of fire, the
factory shall be deemed to include any part of
the building used for the purpose of the factory,
except that the owner of the building shall be responsible for
the cleanliness of sanitary conveniences only when used in
common by several tenants, and shall be responsible for any
contravention of any of the provisions of Part V only in so
far as those provisions relate to matters within his control.
(2) The occupier of the factory shall, in any event, be
responsible for any contravention (whether as regards the
factory or otherwise) of any of the provisions of Part V with
respect to any machinery or plant belonging to or supplied
by him.
(3) In sections 48 and 49, as they apply in relation to the
factory and as they are applied by subsection (1) (a) (iii),
references to the occupier shall be taken as references to the
occupier of the factory or to the owner of the building,
according as to which of them is responsible in respect of the
matters complained of.
(4) For the purposes of the provisions applied by sub
section (1), lifting appliances or machines attached to the
outside of the building, and lifting gear used in connection
with those appliances or machines, shall be treated as being
in the building.
(5) Where, under subsection (1), any provision is applied
containing a reference to the factory records, then, in
relation to matters in respect of which the owner of the
building is responsible, that reference shall be taken as a
reference to records to be kept by him, and section 79 (2)
shall apply in relation to any such records as if the owner
were the occupier of a factory. [66
Part IX
Miscellaneous
Periodical 78. In respect of any periodical examination required by
examinations this Act or by any regulations made thereunder to be carried
when a boiler
inspector or out either by an authorised boiler inspector or by an
an approved approved person, in the event of that examination not
person not
available. having been done within the specified period by reason of
the occupier or owner not having been able to arrange for
an authorised boiler inspector or an approved person, as the
case may be, to carry out that examination, he shall
forthwith notify the Chief Inspector by registered post of the
circumstances and shall give particulars of the machinery or
plant concerned and of the date of the last examination
carried out as required by this Act or by any regulations
made thereunder and by whom it was carried out. There
after and until 30 days after the Chief Inspector has notified
the occupier or owner, as the case may be, of an authorised
boiler inspector or an approved person, as the case may be,
who has agreed to carry out the examination within the next
30 days, the occupier or owner, as the case may be, shall not
be guilty of an offence by reason only of the contravention
of the particular provision requiring that examination.
[71
Part X
Administration
Administra 83. The Commissioner shall be responsible for the
tion of this administration of this Act. [76
Act.
Appointment 84. —(1) The Minister may appoint a Chief Inspector and
of inspectors. such other inspectors and officers as he thinks necessary
(under whatever title he may from time to time determine)
for the purposes of this Act.
(2) Notice of the appointment of every inspector shall be
published in the Gazette.
(3) Every inspector shall be furnished with a certificate of
his appointment, and when visiting a factory or place to
which any of the provisions of this Act apply, shall, if so
required, produce the certificate to the occupier or foreman
or other responsible person in the factory. [77
Powers of 85. —(1) An inspector shall, for the purpose of the execu
inspectors. tion of this Act, have power to do all or any of the following
19/78.
things:
(a) to enter, inspect and examine, by day or by night, a
factory, and every part thereof when he has
reasonable cause to believe that any person is
employed therein, and to enter, inspect and
examine by day, any place which he has reason
able cause to believe to be a factory and any part
of any building of which a factory forms part and
in which he has reasonable cause to believe that
explosive or highly inflammable materials are
stored or used and to exercise such powers as
may be necessary to inspect and examine any
machinery, plant, appliance or fitting therein;
(b) to take with him a police officer if he has reason
able cause to apprehend any serious obstruction
in the execution of his duty;
(c) to require the production of factory records,
certificates, notices and documents kept in
pursuance of this Act and to inspect, examine
and copy any of them;
(d) to make such examination and inquiry as may be
necessary to ascertain whether the provisions of
this Act and of Parts VIII, IX, and XI of the
Employment Act are complied with, so far as Cap. 91.
regards a factory and any person employed in a
factory;
(e) to require any person whom he finds in a factory to
give such information as it is in his power to give
as to who is the occupier of the factory;
(f) to examine orally any person supposed to be
acquainted with the facts and circumstances of
any accident or dangerous occurrence, or with
respect to matters under this Act, and to reduce
into writing any statement made by the person
so examined; and such person shall be bound to
state truly the facts and circumstances with
which he is acquainted concerning the accident
or dangerous occurrence, or with respect to
matters under this Act, except only that he may
decline to make with regard to any fact or
circumstances a statement which would have a
tendency to expose him to a criminal charge, or
to a penalty or forfeiture; and a statement made
as aforesaid by any person shall be read over to
him and shall, after correction, if necessary, be
signed by him;
(g) to require by order in writing the attendance before
himself of any person, being within the limits of
Singapore, who, from information given or
otherwise, appears to be acquainted with the
facts and circumstances of any accident or
dangerous occurrence, or with respect to
matters under this Act, and that person shall
attend as so required; and if any person fails to
attend as so required, to report such failure to a
Magistrate who may thereupon issue a warrant
to secure the attendance of that person as
required by such order as aforesaid;
(h) in the case of an inspector who is a registered
medical practitioner, to carry out such medical
examinations as may be necessary for the
purposes of his duties under this Act;
(i) to take samples of any material whether solid,
liquid, gaseous or vaporous being discharged
from a factory;
(j) to take such photographs as he thinks necessary to
record the conditions in a factory and the
processes carried on therein which may be
dangerous to the safety or health of the persons
employed in the factory;
(k) to take into custody any article in the factory which
is required for the purpose of an investigation or
inquiry under this Act and to release the article
as soon as may be practicable after it has been
examined and tested;
(l) to require any person whom he finds in the factory
to produce his identity card for inspection for
the purpose of an investigation or inquiry under
this Act.
19/78. (2) The occupier of every factory, his agents and
employees and any person who is found in a factory, shall
furnish the means required by an inspector as necessary for
an entry, inspection, examination, inquiry, the taking of
samples or otherwise for the exercise of his powers under
this Act in relation to that factory.
(3) If any person wilfully delays an inspector in the
exercise of any power under this section, or fails to comply
with the requisition of an inspector in pursuance of this
section or to produce any record, certificate, notice or
document which he is required by or in pursuance of this
Act to produce, or wilfully withholds any information as to
who is the occupier of any factory, or conceals or prevents
or attempts to conceal or prevent, a person from appearing
before or being examined by an inspector, that person shall
be deemed to obstruct an inspector in the execution of his
duties under this Act.
(4) Where any inspector is obstructed in the execution of
his powers or duties under this Act, the person obstructing
him shall be guilty of an offence and shall be liable on
conviction to a fine not exceeding $2,000 or to imprison
ment for a term not exceeding 3 months.
(5) Any certificate or notice issued by the Chief Inspector
under the provisions of this Act may be issued for a limited
period or without limit of period and may be varied or
revoked by the Chief Inspector. [78
Part XI
Offences, Penalties and Legal Proceedings
88.—(1) In the event of any contravention in, or in Offences.
connection with, or in relation to, a factory of the provisions
of this Act or of any regulations, rules or orders made
thereunder, the occupier or (if the contravention is one in
respect of which the owner is by or under this Act made
responsible) the owner of the factory shall, subject as
hereafter in this Act provided, be guilty of an offence.
(2) In the event of a contravention by an employed
person of the provisions of Part IX with respect to duties of
persons employed or of a contravention by any person of
any regulations, rules or orders made under this Act which
expressly impose any duty upon him, that person shall be
guilty of an offence and the occupier or owner, as the case
may be, shall not be guilty of an offence by reason only of
the contravention of the provisions of Part IX, or the
contravention of the provision imposing the duty, as the
case may be, unless it is proved that he failed to take all
reasonable steps to prevent the contravention; but this
subsection shall not be taken as affecting any liability of the
occupier or owner in respect of the same matters by virtue
of some provision other than the provisions or provision
aforesaid.
(3) An employed person who has contravened section 80
may be arrested without warrant by any police officer or by
an inspector authorised in writing in that behalf by the
Commissioner and taken before a Magistrate’s Court and
shall be liable on conviction to a fine not exceeding $500 and
in the case of a second or subsequent conviction to a fine not
exceeding $2,000.
(4) Notwithstanding subsection (3) or any other written
law for the time being in force, any police officer or any
inspector who, having effected an arrest in accordance with
subsection (3), is satisfied as to the identity, name and place
of residence of the person arrested, may in his discretion
instead of taking him before a Court or to a police station
serve upon the person a notice, in such form as may be
prescribed under section 102, requiring the person to attend
at the Court described at the hour and on the date specified
in the notice.
(5) For the purpose of satisfying himself as to the identity
of the person arrested, such police officer or inspector may
require the person arrested to furnish such evidence of
identity as he may think necessary.
(6) A duplicate of the notice referred to in subsection (4)
shall be prepared by the police officer or inspector, as the
case may be, and, if so required by a Court, produced by
him to the Court.
(7) On an accused person appearing before a Court in
pursuance of a notice referred to in subsection (4), the
Court shall take cognizance of the offence alleged and shall
proceed as though he were produced before it in pursuance
of subsection (3).
(8) If a person upon whom such a notice has been served
as aforesaid fails to appear before a Court in accordance
therewith, the Court shall thereupon issue a warrant for the
arrest of that person.
(9) Upon a person arrested in pursuance of a warrant
issued under subsection (8) being produced before it, a
Court shall proceed as though he were produced before it in
pursuance of subsection (3) and shall at the conclusion of
the proceedings call upon him to show cause why he should
not be punished for failing to attend in compliance with the
notice delivered to him and if cause is not shown may order
him to pay such penalty not exceeding $2,000 or may
commit him to prison for a term not exceeding 2 months.
(10) If the occupier of a factory avails himself of any
special exception allowed by or under this Act and fails to
comply with any of the conditions attached to the exception,
he shall be deemed to have contravened the provisions of
this Act.
(11) If persons are employed in a factory otherwise than
in accordance with the provisions of this Act or of any
regulations, rules or orders made thereunder, there shall be
deemed to be a separate contravention in respect of each
person so employed.
(12) Where an offence under this Act committed by a
company, co-operative society or other body of persons is
proved to have been committed with the consent or conni
vance of, or to have been facilitated by any neglect on the
part of, any director, chairman, manager, secretary or other
officer of the company, co-operative society or other body
of persons, he, as well as the company, co-operative society
or other body of persons, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and
punished accordingly. [81
92. Where an act or default for which any person is liable Penalty on
under this Act is in fact the act or default of some other persons
actually
person then that other person shall be guilty of an offence committing
and shall be liable on conviction to the like penalty as if he offence for
which other
were the first-mentioned person. [85 person is
liable.
19/78.
94. Where, under this Act, any person is substituted for Proceedings
against
another with respect to any provisions of this Act, any persons not
order, summons, notice or proceeding which, for the primarily
purpose of any of those provisions, is by or under this Act liable.
19/78.
required or authorised to be served on or taken in relation
to that other person, is hereby required or authorised (as
the case may be) to be served on or taken in relation to the
first-mentioned person. [87
Part XII
General
102. —(1) The Minister may make regulations generally Regulations.
for carrying out the provisions of this Act and without
prejudice to such general powers may make regulations
providing for —
(a) the lighting, ventilation, temperature, humidity
and hygiene in factories, the fixing of standards
therefor, and the means, if any, required for
removing impurities from the air in workrooms
and for reducing excessive heat in factories;
(b) the control and disposal of any poisonous or
noxious materials, whether solid, liquid,
gaseous or vaporous;
(c) the fees to be paid in respect of any matter or thing
done under this Act;
(d) the issue of certificates of competency to persons
taking charge of or operating steam boilers or
internal combustion engines, the nature of the
examination for such certificates of competency,
the constitution of a board of examiners, the
form of the certificates of competency, and the
fees to be paid for such examination and
certificates;
(e) all matters stated or required in this Act to be
prescribed.
(2) Such regulations may impose duties on owners,
employed persons and other persons as well as occupiers.
(3) All such regulations shall be published in the Gazette
and shall be presented to Parliament as soon as possible
after publication. [93
Advisory 103. —(1) For the purpose of giving advice and assistance
Council for in regard to matters affecting safety, health and welfare in
Industrial
Health and factories, the Minister shall appoint an advisory council to
Safety. be called the Advisory Council for Industrial Health and
Safety.
(2) The Minister may by order make provisions with
respect to the constitution and procedure of the Council.
(3) Every person appointed to the Council shall hold
office for such period as may be specified by the Minister in
making the appointment. [94
3. Name of factory
Singapore
5. Telephone No.
6. Location of factory
Singapore
I hereby certify that to the best of my knowledge the particulars given above
are correct.
3. Postal address
Singapore
9. Nature and description of work (where applicable, state number of storeys and
blocks of buildings to be constructed)
FIRST SCHEDULE — continued
a. Lifting equipment
(i) Passenger hoist (ii) Material hoist
b. Pressure vessels
(i) Steam boiler (ii) Steam receiver
PARTICULARS OF DEVELOPER
Singapore
FIRST SCHEDULE — continued
23. Please submit on separate sheets a list of projects (giving name, location,
commencement and completion dates of each project) undertaken by the
developer or companies owned partly or wholly by the sole proprietor,
partners or directors of the developer for the past 3 years.
I hereby certify that to the best of my knowledge the particulars given above
are correct.
I hereby certify that the factory named below has been duly registered in
pursuance of section 9 of the Factories Act.
Name of factory
Name of occupier
Address of factory
Nature of work
Number of workers
Expiry date
Fee due
Chief Inspector of Factories VALUE LABEL
This certificate is not valid unless an official value label which serves as a
receipt for the amount stated is affixed thereto.
SECOND SCHEDULE — continued
I hereby certify that the factory named below has been duly registered in
pursuance of section 9 of the Factories Act.
Name of factory
Name of occupier
Address of factory
Nature of work
Number of workers
Expiry date
Fee due
Chief Inspector of Factories VALUE LABEL
This permit is not valid unless an official value label which serves as a receipt
for the amount stated is affixed thereto.
THIRD SCHEDULE Section 32.
I. Particulars of Occupier
Name
Office address
Factory address
Type of Industry/Trade
Name
Address
Type of Industry/Trade
Note:
The Chief Inspector of Factories must be informed of —
(а) any accident in a factory which —
(i) causes loss of life to a person employed in the factory;
(ii) disables any such person for more than 3 days from
earning full wages at the work at which he was
employed; or
(iii) causes any injury to any such person which requires
such person to be detained in a hospital for at least
24 hours for observation or treatment; and
(b) any dangerous occurrence (defined in the Act) taking place in
a factory.
Age Sex
NINTH SCHEDULE — continued
Race Occupation
Date Time
Place
Nature of Injury
* Address in Singapore.
I hereby certify that the particulars given in this form and in Appendix I are
correct to the best of my knowledge.
Date
Signature of Occupier/Employer
Tel.
I. Nature of Injury
Abrasions Concussions and Fracture
Amputation internal injuries Freezing
Asphyxia Cuts Laceration
Burns (heat) Dislocation Multiple injuries
Burns (chemical) Effects of electric Poisoning
Bruises and current Puncture wound
contusions Effects of radiation Sprains and strains
Others
I. Hazardous Condition
Absence of guard rails Absence of safety appliance
Absence of safety guard Defective safety appliance
Inadequate guarding Improper appliance or equipment
Ineffective safety guard Ineffective protective equipment
Safety guard not properly adjusted Improper clothing
Faulty electrical installation Defective tools
Unsafe electrical appliance Unsound structure
Faulty machinery Improper illumination
Unsafe design or construction Improper ventilation
Poor housekeeping Unsafe place of work
Hazardous arrangement Other hazardous condition
NRIC No.
Name of Occupier
Office address
Factory address
Nature of Business