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10 1955

FACTORIES ACT, 1955

PART VI.

Notification and Investigation of Accidents and Industrial Diseases.

Notification of accidents.

74. —(1) Where any accident occurs in a factory which either—

(a) causes loss of life to a person employed in that factory, or

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

written notice of the accident, in the prescribed form and accompanied by the prescribed particulars, shall forthwith be sent to the Minister.

(2) 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 of the death shall be sent to the Minister by the occupier of the factory as soon as the death comes to his knowledge.

(3) Where any accident to which this section applies occurs to a person employed in a factory of which the occupier is not the actual employer of such person, the actual employer shall immediately report the accident to the occupier and, if he fails to do so, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(4) A notice of any accident of which notice is sent in accordance with the requirements of the Explosives Act, 1875, need not be sent in accordance with the requirements of this section.

Power to extend to dangerous occurrences provisions as to notice of accidents.

75. —(1) If the Minister considers that, by reason of the risk of serious bodily injury to persons employed, it is expedient that notice should be given under section 74 of this Act in every case of any special class of explosion, fire, collapse of buildings, accidents to machinery or plant, or other occurrences in a factory, he may by regulations extend the provisions of that section to any such class of occurrences, whether death or disablement is caused or not.

(2) The Minister may by any regulations under this section allow the required notice of any occurrence to which the regulations relate, instead of being sent forthwith, to be sent within the time limited by the regulations.

Notification of industrial diseases.

76. —(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 poisoning, or anthrax, contracted in any factory, shall (unless such a notice has been previously sent) forthwith send to the Minister a notice stating the name and full postal address of the patient and the disease from which, in the opinion of the medical practitioner, the patient is suffering, and the name and address of the factory in which he is or was last employed, 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 paid by the Minister.

(2) If, in contravention of the provisions of this section, any medical practitioner fails to send any notice in accordance with the requirements thereof, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(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 prescribed particulars to the Minister and to the certifying doctor.

(4) Where any disease is notified under subsection (3) of this section and, after notification, results in the death of the person who contracted the disease, notice in writing of the death shall be sent by the occupier of the factory to the Minister as soon as the death comes to his knowledge.

(5) Where any disease to which this section applies is contracted by a person employed in a factory of which the occupier is not the actual employer of such person, the actual employer shall immediately report the contracting of the disease to the occupier and, if he fails to do so, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(6) The Minister may, as respects all factories or any class or description of factory, by regulations, made after consultation with the Minister for Health, apply this section to any disease other than those mentioned in this section.

Inquest in case of death by accident or industrial disease.

77. —Where a coroner holds an inquest on the body of any person whose death may have been caused by any accident or disease of which notice is required by this Part of this Act to be given, the following provisions shall have effect:

(a) the coroner shall adjourn the inquest unless—

(i) an inspector or some other person appearing on behalf of the Minister is present to watch the proceedings, or

(ii) in case the inquest relates to the death of not more than one person and the coroner has sent to the Minister notice of the time and place of holding the inquest at such time as to reach the Minister not less than twenty-four hours before the time of holding the inquest, the majority of the jury think it unnecessary to adjourn the inquest;

(b) if the coroner adjourns the inquest—

(i) he may, before the adjournment, take evidence to identify the body and may order the interment of the body,

(ii) he shall, at least four days before holding the adjourned inquest, send to the Minister notice in writing of the time and place of holding the adjourned inquest;

(c) no person having a personal interest in or employed in or about or in the management of the factory in or about which the accident or disease occurred or was contracted shall be qualified to serve on the jury;

(d) it shall be the duty of the person summoning the jury not to summon any person disqualified under paragraph (c) of this section and it shall be the duty of the coroner not to allow any such person to be sworn or to sit on the jury;

(e) the following persons shall, subject to the power of the coroner to disallow any question which in his opinion is not relevant or is otherwise not a proper question, be entitled to examine any witness either in person or by counsel or solicitor:

(i) an inspector or any other person appearing on behalf of the Minister,

(ii) any relation or friend of the person in respect of whose death the inquest is being held,

(iii) the occupier of the factory in which the accident or disease occurred or was contracted,

(iv) any person appointed in writing by the majority of the persons employed in the factory,

(v) any person appointed in writing by any trade union, friendly society or other association of persons to which the deceased at the time of his death belonged or to which any person employed in the factory belongs,

(vi) any person appointed in writing by any association of employers of which the occupier of the factory is a member;

(f) where an inspector or a person on behalf of the Minister is not present at the inquest and evidence is given of any neglect having caused or contributed to the accident or disease, or of any defect in or about the factory appearing to the coroner or jury to require a remedy, the coroner shall send to the Minister notice in writing of the neglect or defect.

Power to direct formal investigation of accidents and cases of disease.

78. —(1) The Minister may, where he considers it expedient so to do, direct a formal investigation to be held into any accident occurring or case of disease contracted or suspected to have been contracted in a factory and of its causes and circumstances.

(2) The following provisions shall have effect in relation to an investigation under this section:—

(a) the Minister may appoint a competent person to hold the investigation, and may appoint any person possessing legal or special knowledge to act as assessor in holding the investigation;

(b) the person or persons so appointed (hereinafter in this subsection referred to as the tribunal) shall hold the investigation in open court in such manner and under such conditions as the tribunal may think most effectual for ascertaining the causes and circumstances of the accident or case of disease, and for enabling the tribunal to make its report;

(c) the tribunal shall have for the purposes of the investigation all the powers of a Justice of the District Court when hearing a prosecution for an offence under this Act, and 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 tribunal requisite for the said purposes;

(ii) by summons signed by the tribunal 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 or returns to such inquiries as it thinks fit to make;

(iii) to require the production of all books, 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 tribunal 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 allowed, the dispute shall be referred by the tribunal to a taxing master of the High Court, who, on request, signed by the tribunal, shall ascertain and certify the proper amount of the expenses;

(e) the tribunal shall make a report to the Minister stating the causes and circumstances of the accident or case of disease and its circumstances, and adding any observations which the tribunal thinks right to make;

(f) the tribunal may require the expenses incurred in and about an investigation under this section (including the remuneration of any persons appointed to act as assessors) to be paid in whole or part by any person summoned before it who appears to the tribunal to be, by reason of any act or default on his part or on the part of any servant or agent of his, responsible in any degree for the occurrence of the accident or case of disease, but any such expenses not required to be so paid shall be deemed to be part of the expenses of the Minister in the administration 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 tribunal, or prevents or impedes the tribunal in the execution of its duty, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds, and, in the case of a failure to comply with a requisition for making any return or producing any document, if the failure in respect of which a person was so convicted is continued after the conviction, he shall be guilty of a further offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds for every day on which the failure was so continued;

(h) the Minister may cause the report of the tribunal to be made public at such time and in such manner as he thinks fit.

Investigation and report in certain cases.

79. —(1) It shall be the duty of the certifying doctor to investigate and report—

(a) upon cases of death or injury caused by exposure in a factory to fumes or other noxious substances, or due to any other special cause specified in instructions of the Minister as requiring investigation,

(b) upon any case of death or injury which an inspector in pursuance of any general or special instructions of the Minister may refer to him for that purpose,

(c) upon any case of disease of which he receives notice under this Act.

(2) The certifying doctor shall, for the purpose of an investigation under this section, have the like powers as an inspector, including power to enter any room in a building to which the person killed, injured or affected has been removed.

(3) The Minister may, by authorisation in writing, authorise a registered medical practitioner to investigate and report upon any matter relating to this Act, and any registered medical practitioner so authorised shall, for the purpose of the investigation, have the like powers as an inspector.