A.D. 1924. Provision for protection of women and young per. sons em. (2) The industries and processes to which this section applies are: the smelting of iron ore; the manufacture of wrought iron, steel or tin-plate; processes in which reverberatory or regenerative 5 furnaces are used in connexion with smelting of ores, metal rolling, forges, manufacture of metal tubes or rods, or such other classes of work as may be specified by order of the Secretary of State, and are necessarily kept in operation day 10 and night in order to avoid waste of material and fuel; the galvanising of sheet metal or wire (except the the manufacture of glass; 15 (3) The conditions above referred to are as follows:- (b) a period of not less than sixteen hours shall (c) no male young person shall be employed between 25 twelve midnight and six o'clock in the morning in two consecutive weeks. (4) Nothing in this Act shall prevent the employment of male young persons between the ages of fourteen and sixteen in two-day shifts in those industries in which 30 they could be lawfully so employed at the date of the commencement of this Act under section fifty-four of the Factory and Workshop Act, 1901, and the Secretary of State may, by order, direct that such conditions as he may consider necessary for the purpose of safeguarding 35 the welfare and interests of the persons employed shall apply to such employment. 88. Where it appears to the Secretary of State that the adoption of any special provision is required for the protection of the health of women or young persons 40 ployed under employed in pursuance of a special exception under this Part of this Act, he may by special order direct that the adoption of the provision shall be a condition of such employment. exceptions. 89.-(1) An occupier of a factory, not less than A.D. 1924. seven days before he avails himself of any special ex- Notices, ception under this Part of this Act, shall serve on the registers, &c. inspector for the district, and affix in his factory, notice relating to 5 in the prescribed form of his intention so to avail himself, special and whilst he avails himself of the exception shall keep exceptions. the notice so affixed. (2) Before the service of the notice on the inspector the special exception shall not be deemed to apply to the 10 factory, and after the service of the notice on the inspector it shall not be competent in any proceeding under this Act for the occupier to prove that the exception does not apply to his factory, unless before the event in respect of which the proceedings are taken he had 15 previously served on the inspector for the district notice that he no longer intended to avail himself of the exception. (3) The notice so served and affixed must specify the hours for the beginning and end of the period of 20 employment, and the intervals to be allowed for meals or rest to every woman and young person, where they differ from the ordinary hours or intervals. (4) An occupier of a factory shall enter in the prescribed register and report to the inspector for the district 25 the prescribed particulars respecting the employment of a woman or young person in pursuance of a special exception; and, in the case of overtime employment, he shall also cause a notice containing the prescribed particulars respecting the employment to be kept affixed in 30 the factory during the prescribed time, and shall send the report to the inspector and make the entry in the register before the commencement of the overtime employment, and the report shall be primâ facie evidence in any proceedings under this Act that the occupier has in fact 35 employed persons overtime in accordance with the report. visions of 90. The Secretary of State may, in the event of Power to accident, or breakdown of machinery or plant, or other suspend unforeseen emergency, make an order suspending any of certain prothe provisions of this Part of this Act as to hours and Part VI. in 40 holidays for such period as may be specified in the order, emergency. but so far only as may be necessary to avoid serious interference with the ordinary working of the factory. A.D. 1924. Certificate of fitness for employment of young persons. Certificate of fitness of Young Persons for Employment. 91.-(1) Subject to the provisions of this section, a young person shall not be taken into any employment in a factory unless he has been examined by the appointed doctor within the prescribed period and certified by him 5 to be fit for that employment. (2) The certificate by the appointed doctor may be given (a) in respect of employment (i) in a particular factory; (ii) in any group, class, or description of factories: (iii) in a particular process or class or description of work; and 10 (b) upon condition that the person concerned shall 15 (3) The Secretary of State may by order transfer to the local authority the duty of arranging for the medical examination and certification of young persons under this section. 20 (4) The Secretary of State may make rules for 25 prescribing (a) the manner in which and the place at which examinations under this section shall be conducted; (b) the form of certificates under this section; (c) the facilities to be afforded by occupiers of factories for the purpose of examinations under this section; 30 (d) Any other matter which the Secretary of State may consider desirable for the purpose of giving 35 effect to this section. (5) It shall be the duty of every local education authority under the Education Act, 1921, to arrange for the production to an appointed doctor for his confidential information of so much of the school medical record of a 40 young person as may be necessary to enable him to carry out effectively the examination under this section, and the A.D. 1924. Minister of Health may, in consultation with the Secretary of State, make rules for the purpose of securing the observance of the provisions of this subsection or may 5 arrange that the Board of Education may make such rules on his behalf. (6) For the purposes of this Act the expression "local authority" means as respects a county the council of the county, and as respects a county borough the 10 council of the borough. 15 (7) The Secretary of State may by order exempt from the operation of this section any factory or class or description of factories in which mechanical power is not used. certificate of 92. Where an inspector is of opinion that the Power of employment of any young person in a factory or in any inspector to particular process or kind of work in a factory is preju- require dicial to his health or the health of other persons, he may capacity for serve written notice thereof on the occupier of the factory work. 20 requiring that the employment of that young person in the factory or in the process or kind of work, as the case may be, be discontinued after the period named therein, not being less than one nor more than seven days after the service of the notice, and the occupier 25 shall not continue after the period named in the notice to employ that young person (notwithstanding that a certificate of fitness has been previously obtained for the young person), unless the appointed doctor has, after the service of the notice, personally examined the young 30 person, and certified that he is fit for employment in the factory or in the process or kind of work as the case may be. 93. The provisions of this Part of this Act shall be Saving. in addition to and not in derogation of the provisions of 35 the Employment of Women, Young Persons and Children Act, 1920, and of any other enactments relating to the employment of women, young persons and children. 40 PART VII. SPECIAL APPLICATIONS AND EXTENSIONS. Premises in respect of which Owner is liable. 94.-(1) The owner (whether or not he is one of Tenement the occupiers) of a tenement factory shall, instead of factories. the occupier, be liable for the observance, and punishable A.D. 1924. for non-observance, of the following provisions of this (i) The provisions in Part I. with respect to over- (ii) The provisions in Part II. except those respecting 10 (iii) The provisions in Part III. with respect to 20 (iv) The provisions of Part IV. with respect to 25 metal grinding factories, and (in the case of any room which is occupied by more than one tenant) removal of dust or fumes: Provided that in the case of metal grinding factories it shall be the duty of the occupier to see that the horsing 30 chains, hooks and fastenings for grinders' horsings or seats are kept in efficient condition; v) The provisions of Part VI. as to notices fixing the hours of employment; and (vi) The provisions of Part X. as to affixing an abstract and notices; and for the purpose of the foregoing provisions the whole of a tenement factory shall be deemed to be one factory : 35 40 Provided that any occupier may affix in his own tenement the notice with respect to the period of employment, and times for meals, and thereupon that notice shall, with respect to persons employed by that occupier, have effect in substitution for the corresponding notice 45 affixed by the owner. |