PART V.

NOTIFICATION AND INVESTIGATION OF ACCIDENTS AND
INDUSTRIAL DISEASES.

65.-(1) Where any accident occurs

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(a) causes loss of life to a person employed; or

A.D. 1926.

which Notification of accidents

(b) disables any such person for more than three
days from earning full wages at the work at
which he was employed,

10 written notice of the accident, in the prescribed form and
accompanied by the prescribed particulars, shall forthwith
be sent to the inspector for the district.

(2) Where loss of life has immediately resulted from an accident, the place where the accident occurred shall 15 be left as it was immediately after the accident, until the expiration of at least three days after the sending of such notice as aforesaid of the accident, or until the visit to the place by an inspector, whichever first happens, unless compliance with this enactment would tend to increase or 20 continue the danger or would seriously impede the carrying on of business at the factory.

(3) Where any accident causing disablement is notified under this section, and after notification thereof results in the death of the person disabled, notice in writing 25 of the death shall be sent to the inspector for the district as soon as the death comes to the knowledge of the occupier of the factory.

(4) Where any accident to which this section applies occurs to a person employed and the occupier of the 30 factory is not the actual employer of the person killed or injured, the actual employer shall immediately report the same to the occupier, and in default shall be guilty of an offence, and liable to a fine not exceeding five pounds.

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in factories.

notice of

66.--(1) If the Secretary of State considers that, Power to by reason of the risk of serious injury to persons em- extend proployed, it is expedient that notice should be given under visions as to the foregoing section of this Act in every case of any accidents or special class of explosion, fire, collapse of buildings, dangerous 40 accidents to machinery or plant, or other occurrences occurrences. in a factory, the Secretary of State may by order

A.D. 1926. extend the provisions of that section to any such class of occurrences, whether death or disablement is caused or not.

Notification of industrial diseases.

Inquest in case of death by accident

or industrial disease in factory.

(2) The Secretary of State may by any such order allow the required notice of any occurrence to which 5 the order relates, instead of being sent forthwith, to be sent within the time limited by the order.

67.-(1) Every medical practitioner attending on or called in to visit a patient whom he believes to be suffering from lead, phosphorus, arsenical or mercurial 10 poisoning, or anthrax, contracted in any factory, shall (unless such a notice has been previously sent) send to the chief inspector of factories at the Home Office, London, a notice stating the name and full postal address of the patient and the disease from which, in the opinion of 15 the medical practitioner, the patient is suffering, and the name and address of the factory in which he is employed or in which the disease was contracted, and shall be entitled in respect of every notice sent in pursuance of this section to a fee of two shillings and sixpence, to be 20 paid as part of the expenses incurred by the Secretary of State in the execution of this Act.

(2) If any medical practitioner, when required by this section to send a notice, fails forthwith to send the same, he shall be guilty of an offence, and liable 25 to a fine not exceeding forty shillings.

(3) Written notice of every case of lead, phosphorus, or arsenical or mercurial poisoning, or anthrax, occurring in a factory shall forthwith be sent by the occupier in the prescribed form and accompanied by the 30 prescribed particulars to the inspector for the district.

(4) The Secretary of State may, by special order, apply the provisions of this section to any other disease contracted in a factory.

68.-(1) Where a coroner holds an inquest on 35 the body of any person whose death may have been caused by any accident or disease of which notice is required to be given by this Part of this Act, the coroner shall adjourn the inquest unless an inspector or some person on behalf of the Secretary of State is present to 40 watch the proceedings.

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(2) The coroner, at least four days before holding A.D. 1926. the adjourned inquest, shall send to the inspector for the district notice in writing of the time and place of holding the adjourned inquest.

(3) The coroner, before the adjournment, may take evidence to identify the body, and may order the interment thereof.

(4) If the inquest relates to the death of not more than one person, and the coroner has sent to the 10 inspector notice of the time and place of holding the inquest at such time as to reach the inspector not less than twenty-four hours before the time of holding the same, it shall not be imperative on him to adjourn the inquest in pursuance of this section if the majority 15 of the jury think it unnecessary so to adjourn.

(5) An inspector shall be at liberty at any such inquest to examine any witness, subject nevertheless to the power of the coroner to disallow any question which, in his opinion, is not relevant or is otherwise not a proper 20 question.

(6) Where evidence is given at an inquest at which an inspector is not present of any neglect as having caused or contributed to the accident or disease, or of any defect in or about the factory appearing to the 25 coroner or jury to require a remedy, the coroner shall send to the inspector for the district notice in writing of such neglect or defect.

(7) Any person having a personal interest in or employed in or about or in the management of the 30 factory in or about which the accident or disease occurred or was contracted shall not be qualified to serve on the jury empannelled on the inquest; and it shall be the duty of the constable or other officer not to summon. any person disqualified under this provision, and it shall 35 be the duty of the coroner not to allow any such person to be sworn or to sit on the jury.

(8) Any relative of any person in respect of whose death the inquest is being held, and the occupier of the factory in which the accident or disease occurred or was 40 contracted, and any person appointed by the order in writing of the majority of the persons employed in the factory, and any person appointed in writing by any association of persons to which the deceased at the time of

A.D. 1926. his death belonged or to which any person employed in the factory belongs, or by any association of employers of which the occupier is a member, shall be at liberty to attend and examine any witness either in person or by his counsel, solicitor, or agent, subject nevertheless to the power of the 5 coroner to disallow any question which, in his opinion, is not relevant or is otherwise not a proper question.

Power to

of accidents.

69.-(1) Where it appears to the Secretary of State direct formal that a formal investigation of any accident or disease investigation occurring or contracted in a factory and its causes and 10 circumstances is expedient, the Secretary of State may direct that such an investigation be held, and with respect to any such investigation the following provisions shall have effect:

(a) The Secretary of State may appoint a competent 15
person to hold the investigation, and may appoint
any person or persons possessing legal or special
knowledge to act as assessor or
or assessors in
holding the investigation:

(b) The person or persons so appointed (hereinafter 20
called "the court ") shall hold the investigation
in open court in such manner and under such
conditions as the court may think most effectual
for ascertaining the causes and circumstances of
the accident or disease, and enabling the court 25
to make the report in this section mentioned:
(c) The court shall have for the purposes of the
investigation all the powers of a court of summary
jurisdiction when acting as a court in hearing
informations for offences against this Act, and 30
all the powers of an inspector under this Act,
and, in addition, power:-

(i) to enter and inspect any place or building the entry or inspection whereof appears to the court requisite for the said 35

purposes;

(ii) by summons signed by the court to require the attendance of all such persons as it thinks fit to call before it and examine for the said purposes, and to require answers 40 or returns to such inquiries as it thinks fit to make;

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(iii) to require the production of all books, A.D. 1926. papers, and documents which it considers important for the said purposes;

(iv) to administer an oath and require
any person examined to make and sign a
declaration of the truth of the statements
made by him in his examination :

(d) Persons attending as witnesses before the court
shall be allowed such expenses as would be
allowed to witnesses attending before a court
of record; and in case of dispute as to the
amount to be
to be allowed, the same shall be
referred by the court to a master of the Supreme
Court, who, on request, signed by the court,
shall ascertain and certify the proper amount
of the expenses:

(e) The court shall make a report to the Secretary
of State stating the causes of the accident
or disease and its circumstances, and adding
any observations which the court thinks right
to make :

(f) The court may require the expenses incurred
in and about an investigation under this
section (including the remuneration of any
person appointed to act as assessor) to be
paid in whole or part by any person sum-
moned before it who appears to the court to
be responsible in any degree for the occurrence
of the accident or disease, but any such expenses
not required to be so paid shall be deemed to
be part of the expenses of the Secretary of State
in the execution of this Act:

(g) Any person who without reasonable excuse
(proof whereof shall lie on him) either fails,
after having had the expenses (if any) to
which he is entitled tendered to him, to
comply with any summons or requisition of
the court, or prevents or impedes the court
in the execution of its duty, shall be guilty of
an offence, and liable to a fine not exceeding
ten pounds, and in the case of a failure to
comply with a requisition for making any return
or producing any document to a further fine
not exceeding ten pounds for every day on
which such failure continues.