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10 1955

FACTORIES ACT, 1955

PART I.

Preliminary and General.

Short title and commencement.

1. —(1) This Act may be cited as the Factories Act, 1955.

(2) This Act shall come into operation on such day as the Minister appoints by order.

(3) Notwithstanding subsection (2) of this section, if it is shown to the satisfaction of the Minister, as respects any particular requirement contained in Part III of this Act, that by reason of substantial expenditure involved through the necessity of providing new, or altering existing, buildings or plant, or on account of other special difficulties, it would be right in the case either of factories generally or of any class or description of factory that the requirement should not come into operation on the day appointed under subsection (2) of this section, he may by order postpone the date of coming into operation of the said requirement, as respects factories generally or that class or description of factory, until such date as he may think fit but not later than the two years after the day appointed under subsection (2) of this section, and any such order may direct that such corresponding provisions of any enactment repealed by this Act as may be specified in the order shall apply in lieu of the postponed requirement of this Act.

(4) Notwithstanding subsection (2) of this section section 127 of this Act shall come into operation on the passing of this Act.

Interpretation generally.

2. —(1) In this Act, unless the context otherwise requires—

bakehouse” means any place in which bread, biscuits or confectionery is or are baked by way of trade or for purposes of gain;

bodily injury” includes injury to health;

building operation” means the construction, structural alteration, repair or maintenance of a building (including re-pointing, re-decoration and external cleaning of the structure), the demolition of a building and the preparation for, and laying the foundation of, an intended building, but does not include any operation which is a work of engineering construction within the meaning of this Act;

certifying doctor” means a registered medical practitioner appointed under section 96 of this Act to be a certifying doctor for any of the purposes of this Act;

class or description”, in relation to factories, includes a group of factories described by reference to locality;

contravention” includes, in relation to any provision, a refusal or failure to comply with that provision, and “contravene” shall be construed accordingly;

degrees” means degrees Fahrenheit;

driving belt” includes any driving strap or rope;

fume” includes gas or vapour;

general register” means the register kept in accordance with the requirements of section 122 of this Act;

harbour” has the same meaning as in the Merchant Shipping Act, 1894;

humid factory” means a factory in which atmospheric humidity is artificially produced by steaming or other means;

inspector” means an officer of the Minister authorised under section 93 of this Act to act as an inspector for the purposes of this Act;

machinery” includes any driving belt;

maintained” means maintained in an efficient state, in efficient working order, and in good repair;

medical officer of health” has the same meaning as in the Health Act, 1947 (No. 28 of 1947), but also includes a district medical officer under section 52 of the Health Act, 1953 (No. 26 of 1953);

the Minister” means the Minister for Industry and Commerce;

multiple factory” means any premises where mechanical power from any prime mover within the close or curtilage of the premises is distributed for use in manufacturing processes to different parts of the same premises occupied by different persons in such manner that those parts constitute in law separate factories;

owner” means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would receive the rackrent if the premises were let at a rackrent;

parent” means a parent or guardian of, or person having the legal custody of, or the control over, a young person, and also includes, in relation to any young person, any person having direct benefit from his wages;

prescribed” means prescribed by regulations made by the Minister under this Act;

prime mover” means every engine, motor or other appliance which provides mechanical energy derived from steam, water, wind, electricity, the combustion of fuel or other source;

process” includes the use of any locomotive;

railway” means any railway used for the purposes of public traffic whether passenger, goods or other traffic and includes any works of the body corporate managing and controlling the railway which are connected with the railway;

sanitary authority” means a sanitary authority within the meaning of the Local Government (Sanitary Services) Acts, 1878 to 1952;

sanitary conveniences” includes urinals, waterclosets, earth-closets, privies, ashpits, and any similar convenience;

ship” has the same meaning as in the Merchant Shipping Act, 1894;

tramway” means a tramway authorised by or under statute and used for the purpose of public traffic;

transmission machinery” means every shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving-belt or other device by which the motion of a prime mover is transmitted to or received by any machine or appliance;

vessel” has the same meaning as in the Merchant Shipping Act, 1894;

welfare regulations” means special regulations made under section 57 of this Act;

woman” means a woman whose age is not less than eighteen years;

work of engineering construction” means the construction of any railway line or siding otherwise than upon an existing railway, and the construction, structural alteration or repair (including re-pointing and re-painting) or the demolition of any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipe-line, aqueduct, sewer, sewage works or gasholder, except where carried on upon a railway or tramway, and shall include such other works as may be prescribed;

young person” means a person whose age is less than eighteen and more than fourteen years.

(2) For the purposes of this Act, machinery or plant shall be deemed to have been constructed or reconstructed before the passing of this Act or the making of regulations under this Act, and a factory or building shall be deemed to have been constructed, reconstructed, extended, added to or converted for use as a factory, before the passing or commencement of this Act, if the construction, reconstruction, extension, addition or conversion was begun before the passing or commencement of this Act, or the making of regulations under this Act, as the case may be.

(3) For the purposes of this Act, a factory shall not be deemed to be a factory in which mechanical power is used by reason only that mechanical power is used for the purpose of heating, ventilating or lighting the workrooms or other parts of the factory.

(4) For the purposes of this Act, an apprentice shall be deemed to be a person employed.

(5) Any reference in this Act to the District Court shall be construed as a reference to the Justice of the District Court having jurisdiction in the District Court area where the factory in question is situated.

(6) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment including this Act.

Interpretation of “factory.”

3. —(1) Subject to the provisions of this section, in this Act “factory” means any premises in which, or within the close or curtilage or 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,

(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;

And (whether or not they are factories by reason of the foregoing definition) in this Act “factory” also includes the following premises in which persons are employed in manual labour:

(i) any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken up,

(ii) any premises in which the business of sorting any articles is carried on as a separate business, as a preliminary to the work carried on in any factory or incidentally to the purposes of any factory,

(iii) any premises in which the business of washing or filling bottles or containers or packing articles is carried on as a separate business or incidentally to the purposes of any factory,

(iv) any premises in which the business of hooking, plaiting, lapping, making-up or packing of yarn or cloth is carried on,

(v) any laundry carried on as ancillary to another business, or incidentally to the purposes of any public institution,

(vi) any premises in which the construction, reconstruction or repair of locomotives, vehicles or other plant for use for transport purposes is carried on as ancillary to a transport undertaking, or other industrial or commercial undertaking, not being any premises used for the purpose of housing locomotives or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out and in which persons are not employed on a full-time basis in such cleaning, washing, repairing and adjusting,

(vii) any premises in which printing by letterpress, 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,

(viii) 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,

(ix) any premises in which the business of making or mending nets is carried on incidentally to the fishing industry,

(x) any premises in which mechanical power is used in connection with the making or repair of articles of metal or wood incidentally to any business carried on by way of trade or for purposes of gain,

(xi) any premises in which the production of cinematograph films is carried on by way of trade or for purposes of gain, so, however, that the employment at any such premises of theatrical performers and of attendants on theatrical performers shall not be deemed to be employment in a factory,

(xii) 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,

(xiii) any premises used for the storage of gas in a gasholder having a storage capacity of not less than five thousand cubic feet,

(xiv) any premises in which the business of flax scutching is carried on,

(xv) any premises in which the business of plucking fowl is carried on,

(xvi) any premises in which the business of testing, grading or packing eggs is carried on,

(xvii) any premises in which pigs are killed for the purposes of a bacon factory,

(xviii) any premises in which cattle or sheep are killed for packing.

(2) Any line or siding (not being part of a railway or tramway) which is used in connection with and for the purposes of a factory shall be deemed for the purposes of this Act to be part of the factory, but 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.

(3) A part of a factory may, with the approval in writing of the Minister, be taken to be a separate factory and two or more factories may, with the like approval, be taken to be a single factory.

(4) Any workplace in which, with the permission of or under agreement with the owner or occupier, two 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, shall be deemed for the purposes of this Act to be a factory and, in the case of any such workplace not being a multiple factory or part of a multiple factory, 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) Premises in or adjacent to and belonging to a quarry or mine being premises in which the only process carried on is a process ancillary to the getting, dressing or preparation for sale of minerals shall be deemed for the purposes of this Act not to be a factory.

(6) Where a place situate 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 be deemed for the purposes of this Act not to form part of the factory, but shall, if otherwise it would be a factory, be deemed to be a separate factory.

(7) Premises shall not be excluded from the definition for the purposes of this Act of a factory by reason only that they are open-air premises.

(8) Where the Minister by regulations so directs as respects all or any purposes of this Act, different branches or departments of work carried on in the same factory shall be deemed to be separate factories.

(9) Premises belonging to or in the occupation of the State or any local or other public authority shall not be regarded as not being a factory for the purposes of this Act, and building operations or works of engineering construction undertaken by or on behalf of the State or any such authority 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.

Application of Act to young persons employed in factories in certain occupations.

4. —A young person who works in a factory, whether for wages or not, in collecting, carrying or delivering goods, carrying messages or running errands shall be deemed to be employed in the factory for the purposes of this Act or of any proceedings thereunder.

Expenses incurred by Minister.

5. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Regulations in relation to prescribed matters.

6. —The Minister may make regulations in relation to any matter referred to in this Act as prescribed or to be prescribed.

Repeals.

7. —The Acts mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Continuation of certain orders, etc.

8. —Any order, regulation, bye-law, requirement, appointment (other than an appointment under section 118 of the Factory and Workshop Act, 1901) or agreement made or certificate (other than a certificate under section 14 of the Factory and Workshop Act, 1901) or notice given under any enactment repealed by this Act which was in force immediately before the commencement of this Act shall continue in force and shall have effect as though it had been made or given under this Act and, in so far as it could have been made or given under a particular provision of this Act, shall be deemed to have been made or given under that provision, and any such order or regulation made under a power which is exercisable under a corresponding provision of this Act by a different class of instrument, shall be deemed to be an instrument of that class, so, however, that any such order or regulation which continues in force by virtue of this section may, in so far as it is necessary to bring it into conformity with this Act, be varied or revoked by an order or regulations made by the Minister under this Act.

Construction of certain references.

9. —(1) References in any enactment to a special order made under section 126 of the Factory and Workshop Act, 1901, shall be construed as references to regulations made under this Act.

(2) References in any enactment to a factory or workshop within the meaning of the Factory and Workshop Acts, 1901 to 1920, or any of those Acts, shall be construed as references to a factory within the meaning of this Act.

(3) The mention of particular matters in subsections (1) and (2) of this section shall not prejudice or affect the general application of sections 20 and 21 of the Interpretation Act, 1937 (No. 38 of 1937).