FACTORIES AND WORKSHOPS REGULATIONS

FACTORIES AND WORKSHOPS REGULATIONS

FACTORIES AND WORKSHOPS.

FACTORIES AND WORKSHOPS REGULATIONS.

(Cap. 59, section 5).
(Ordinance No. 18 Of 1937).

[1st January, 1938.]

INTERPRETATION.

1. In these regulations-
'Building Authority' means the person appointed to act as
such officer under the Buildings Ordinance;
'tenement factory' means a factory in any part of a building
occupied or intended to be occupied by more than one
person or firm;
'fire-resisting material' means a building material certified
by the -Building _Authority to be_ fire-resisting;
'mill-gearing' includes every shaft, wheel, drum and pulley
and every other appliance by which motion or power is
communicated to any machine;
securely fenced' means securely fenced to the satisfaction
of the Commissioner.

Dange7ous Trades.

2. '.1'he following are declared to be dangerous trades-
(a) boiler chipping;
(b) fireworks manufacture.,
(c) glass working;
(d)processes involving the use of arsenic, lead,
manganese, mercury, phosphorus, or any compound
of any of thern ;
(e) vermilion manufacture,

Employment of persoibs in dangerous trades.

3. No person shall employ any child in any dangerous
trade.

4. Except with the written consent of the Commis-
sioner, no person shall employ any woman, young person
under the age of sixteen years or any female young person
in any dangerous trade.





Employment of women, young persons and children
1.it industrial undertakings.

5. No person shall employ any child in any industrial
undertaking.

6. No voting person shall be suffered to carry any
weight _which is unreason ably heavy having regard to the
age and physical development of such young person, and
no young person under the age of sixteen years shall be
suffered to carry any load exceeding forty catties in weight.

7. No female, whatever her age, shall be employed on
underground work in any mine.

8. (1) Except as provided in paragraph (2) or, as
regards women over the age of eighteen years, in accord-
ance with the provisions of regulation 9, no woman or young
person shall be employed in any industrial undertaking
between the hours of 8 p.m. and 7 a.m.

(2) The Commissioner may in exceptional cases au-
thorize the employment of any woman or young person of
sixteen years or over for nol more than sixty days in. any
year between the hours of 8 p.ni. and 9 p.m.

9. The Commissioner may, in respect of any specific
industrial undertaking, authorize the employrnent of women
over the age of eighteen years between the hours of 6 a.m.
and io p.m., sLil~j'ect to the observance of the following
conditions-
(a)the undertaking shall be carried on in a factory-type
building approved 'by the Commissioner;
(b)there shall be provided and maintained for the use
of all women workers, whose work is done standing,
suitable facilities for sitting sufficient to enable
them to take advantage of any opportunities for
resting which may occur in the course of their
employment;
(c)a separate and suitable room shall be provided and
.equipped for use as a dining and rest room;
(d)the work of all women workers shall be organized
in shifts not exceeding 8 hours working time in





any period Of 24 hours. No such shift shall begin
earlier than 6 a.m. nor end later than 10 p.m. ;
(e)no woman shall work for more than 8 hours in any
period Of 24 hours. Any scheme or arrangement
for alternating shifts shall provide that the total of
8 hours working time is not exceeded; and such
scheme or arrangement shall, before coming into
operation, be approved in writing by the Commis-
sioner;
no woman shall work for more than 4 1/2 hours
without an interval of at least 1/2 an hour for rest.
During her rest interval no wornan shall be permitted
to remain in any room in which a process is then
being carried on;
(g)the proprietor of every such industrial undertaking
shall keep at the place of employment-
(i) a register in which shall be recorded the name,
serial number, and photograph of every wonian
employed by him. This register must be kept up
to date;
(ii) a current record showing the name and serial
number of all women employed in each shift.

10. NO young person under sixteen years of age shall
be. employed in any industria! undertaking-
(a) between the hours of 7 p.m. and 7 a.m.
(b) for more than 9 hours in any period Of 24 hours;
(c) for more than 5 hours. continuously ;
(d)unless after every spell Of 5 hours continuous work
and before his next spell of work there is an interval
for relaxation of not less than one hour, or after
a spell of less than 5 hours, such interval as may
be reasonable in all the circumstances;
(e)unless in every seven days lie is allowed one day's
rest.

11. (1) The proprietor of every industrial undertaking
shall keep a register of the young persons employed in such
undertaking.

(2) Such register shall be in the form and contain the
particulars shown in Appendix I.





FACTORIES AND WORKSHOPS,

Registration.

12. Every application for registration Of a factory or
workshop shall be made in the forni in Appendix II.

Rrevention of Accidents.

13. In every factory-
(a)all dangerous parts of the machinery and every part
of the mill-gearing shall be securely fenced or in
such position or of such construction as to be as
safe to every person in the factory as if such
machinery or mill-gearing were securely fenced;
(b)every fly wheel, pulley and exposed wheel shall be
securely fenced, and every set screw and bolt shall
be cut off or countersunk;
(c)every driving belt passing through a floor shall be
securely fenced to a height of 6 1/2 feet from such
floor;
(d)every driving belt used for main driving or counter
driving and within 6 1/2 feet from the floor or other
place to which workers have access shall be secure-
ly fenced ;
le)every. part, under which persons are likely to pass,
of every overhead driving belt more than 4 inches
wide, shall be adequately protected by wood or
metal guards;
all shafting which runs at a height of less than
61 feet from a floor or other place to which workers
have access shall be securely fenced;
(g)such moving parts of any machine as are adjacent
to any place to which workers have access shall
be securely fenced;
(h)all fencing must be constantly maintained in an
efficient state while the parts required to he fenced
are in motion or use, except where they are under
repair or examination in connexion with repair or
are necessarily exposed for the purpose of cleaning
or lubricating or for altering the gearing or
arrangements of the parts of the machine.





Restrictions on cleaning when machinery is in motion.
14. (1) No young person shall be allowed to clean
any dangerous part of the machinery in a factory while
the machinery is in motion by the aid of any mechanical
power : and for this purpose such parts of the machinery
shall be presumed to be dangerous as are notified by an
inspector to the proprietor of the factory.
(2) No woman or young person shall be allowed to
clean such part of the machinery in a factory as is mill-
gearing while the. machinery is in motion for the purpose
of propelling any part of the manufacturing machinery.

Notification of accidents.
15. (1) Every accident which occurs in a factory or
workshop and results in loss of life or disablement of any
worker so as to cause him to be absent for more than
three days from, his ordinary work in such factory or work-
shop shall within seven -days from the-date thereof- be
reported in the form in Appendix III, either at the office
of the Commissioner or at a police station.
(2) If any accident causing disablement is notified
under this regulation and the person disabled subsequently,
dies as a result of the accident, notice in writing of the
death shall forthwith be given' either at the. office of the
Commissioner or at a police station.

Prevention of and escape from fire.
16. The doors of every factory and workshop and
every door therein giving arcess to a stairway shall be of
fire-resisting material.

17. The doors of every factory and workshop and the
doors of every room therein in which more than ten persons
are employed shall, except in the case of sliding doors, be
constructe~ or altered so as to open outwards.

18. While any person employed in a factory or work-
shop is within the factory or wotkshol) either for the
purpose of employmciii or meals, the doors of the factory
or workshop and of every room therein in which any such
person is, shall not be locked or bolted or fastened in such
a manner that they cannot be easily and immediately opened
from the inside.





19. (1) In the case of any factory which is either (a)
a building exceeding 6o feet in height or (b) a building
in which more than twenty persons are employed, if the
Commissioner is of opinion that the building is not pro-
vided with adequate means of escape therefrorn in case of
fire, he shall have, power, and he is hereby empowered to
require, by notice in writing, the proprietor of such factory
to-provide such means-of escape-as may he specified in
such notice.

(2) Any such notice as aforesaid shall specify in detail
the requirements of the Commissioner, and the proprietor
of the fictory shall, upon receipt of such notice, execute
and do all such works and things as may be necessaiy in
order to comply with every requirement so specified, includ-
ing the submission of plans to the Building Authority.

20. The proprietor of every factory and workshop shall
maintain in good condition and free from obstruction all
the means of escape in case of fire provided in such factory
or workshop, and no person shall wilfully alter, damage,
obstruct or otherwise impair any such means of escape.

21. The Commissioner may require the proprietor of
any factory or workshop to provide, and thereupon such
proprietor shall provide, erect and maintain to the satisfac-
tion of the Commissioner illuminated notices bearing the
words 'Fire Exit' in English and Chinese at any exit
from the factory or workshop.

22. Every proprietor of a factory or workshop shall
take such precautions against fire and provide and maintain
at all times in an efficient state, free from obstruction and
ready for immediate use such means of dealing with fire
as the Commissioner may direct.

23. (1) Every factory building or part thereof the
cubic content of which is greater than 250,000 cubic feet
shall be divided by walls or floors of fire resisting material
into compartments none of which shall exceed 250,00(
cubic feet in capacity, to the satisfaction of the Building
Authority.





(2) Every opening in such dividing wall or floor as
aforesaid shall be fitted with doors of fire resisting material
constructed to the satisfaction of the Building Authorit.,.

24. In every factory adequate means shall be provided
to the satisfaction of the Commissioner for closing in case
of fire every opening in every.floor through which a shaft
or driving belt may pass.

25. If any process, trade or occupation carried on in
any factory or workshop. involves the use of any inflam-
mable hquid as defined in any regulations under the
Dangerous Goods Ordinance, 1873, or any mixture contain-
ing any such liquid, or any substance or thing which in
the opinion of the Commissioner involves danger from fire,
the Commissioner may prohibit smoking and the use of
naked lights in such factory or workshop, and the pro-
prietor thereof shall take such steps to enforce the prohibi-
tion as the Commissioner may -direct.

Tenemeitt factories.

26. The Commissioner may require that any tenement
factory shall be provided with an enclosed concrete stairway
with self-closing doors of fire-resisting material on each
landing, and that the stairway be carried in concrete to
the top floor of the building and continued either in concrete
or in iron to the roof. He may also require the provision
of a protected route to neighbouring buildings, or such
other alternative means of escape as he may approve. In
the case of such a factory extending laterally more than
two house spaces on either side of an enclosed concrete
stairway he may require an alternative means of egress
from each house space or floor.

27. No tenement factory or workshop shall be situated
on any upper floor of a building of which the * ground floor
is licensed for the storage. of any dangerous goods as
defined in the Dangerous Goods Ordinance, 1873, or any
regulations thereunder, unless the dangerous goods are
housed in a structure effectively cut off, to the satisfaction
of the Commissioner and the Chief Officer of the Fire
Brigade, by a structure of fire-resisting material from direct
communication with the factory or workshop.





Offences and Penalties.

28. (1) Any person who acts in contravention of
regulation 3, 4, 5, 6, 7, 8(1), 10, 11, 13, 14, 15, 16, 17,
18, 19(2), 20, 21, 22(1), 25 or 27 shall commit an offence
and shall be liable, on sunirnary conviction, to a fine of
one thousand dollars: Provided that in the case of a con-
tinuing oftence the m agistratc, if satisfied that the offence
has been knowingly and wilfully committed during a -period
of ten days, may, in addition to the said fine, impose a
further fine of one hundred dollars a day in respect of each
day of such excess.

(2) The proprietor of every factory, workshop or
industrial undertaking in respect of which any offence
against the regulations mentioned in paragraph (i) has
been committed shall be guilty of a like offence.

(3) It shall be no defence in a prosecution of the pro-
prietor of a factory, workshop or industrial undertaking for
an offence under this regulation that the offence was corn~
mitted without his knowledge or consent or that the actual
offender has not been convicted of the offence.

29. These regulations may be cited as the Factories
and Workshops Regulations.

APPENDIX I. [r. 11.]

Register of Young Persons emplolled in an industrial
undertaking.

Particulars relating to the industrial undertaking-

Name under which the industrial undertaking is carried on
...............................
address at which the industrial undertaking is carried on ............
................................................................................................
Name of employer or employers ................................................
Name of manager ...................................................................





Particulars relating to the young persons- .

Name .........................................................................................
Sex ..........................................................................................
Date of birth or estimated age at date of first employment .........



Address (residence) ..................................................................
Name of parent or guardian ......................................................
Particulars relating to employment-

Nature of employment .........................................................
Actual hours of work for every day on which the young person
is employed ..............................................................................

Date.

Hours of From To From To From To From To From To From To From To From To
Work.



APPENDIX II. [r. 12.]

. Form of Application for Registration as a Factory or Workshop.

FACTORIES AND WORKSHOPS ORDINANCE.
(Chapter 59 of the Revised Edition).

I hereby give notice that I propose to commence occupation of a
continue

factory on the premises known as ...Street
workshop
and request that the said premises may be duly registered for such
purpose.
Name of the firm under which
the business is to be carried on ..........................................
Name of manager .....................................................................
Nature of the work to be done ................................................





Nature of motive power (steam, electricity, etc.) ........................
Approximate number of persons to be employed ........................
Whether women or girls are to be employed ..............................
Whether young persons under the age
of 16 years are to be employed ..........................................
Date .................................

........................... ....................
Signature of Applicant.
(Statement of capacity in which the party signs).

This notice must be served on the Commissioner of Labour at the Labour
Department within fourteen days of the commencement of occupation.
1

APPENDIX III. [r. 15(1).]

Notification of Accident.

FACTORIES AND WORKSHOPS ORDINANCE.
(Chapter 59 of the Revised Edition).
Name of factory or workshop ...................................................
Address of factory or workshop ................................................
Kind of work done in factory or workshop .................................
Name of proprietors .................................................................
Date of accident .......................................................................
Name of person injured ............................................................
Nature of injury ......................................................................
Short description of accident ......................................................
Date of report .........................................................................
Signature of persort making the report .......................................

CHAPTER 60.
(Ordinance No. 1 Of 1923).

FEMALE DOMESTIC SERVICE.
No subsidiary legislation.
Ord. 18 of 1937, s. 5(3), Schedule. Ord. 24 of 1946, Ord. 44 of 1947, G.N.A. 19/48. G.N.A. 86/51. Definitions. (Cap. 123). Types of dangerous trades. Children. Women, etc. Children. Weight carrying. Underground work. Night-work: women and young persons. G.N.A. 19/48. General conditions as to hours of employment etc. of adult women workers employed in shifts in specific undertakings. G.N.A. 19/48. [r. 9 cont.] Conditions of employment of young persons under 16. Register of young persons. Appendix I. Form. Appendix II. Fencing of machinery. Cleaning dangerous machinery. Reports of serious accidents. Appendix III. Fire-resisting doors. Doors to open outwards. Emergency door-fastenings in working hours. Fire-escapes. Maintenance of fire-escapes. 'Fire Exit' notices. Fire appliances. Fireproof walls. [r. 23 cont.] Provision of means for closing opening. Prohibition of smoking and naked lights in certain cases. (1 of 1873). Fire escapes. Factory etc., above dangerous goods store. (1 of 1873). Penalties. G.N.A. 86/51. Citation.

Ord. 18 of 1937, s. 5(3), Schedule. Ord. 24 of 1946, Ord. 44 of 1947, G.N.A. 19/48. G.N.A. 86/51. Definitions. (Cap. 123). Types of dangerous trades. Children. Women, etc. Children. Weight carrying. Underground work. Night-work: women and young persons. G.N.A. 19/48. General conditions as to hours of employment etc. of adult women workers employed in shifts in specific undertakings. G.N.A. 19/48. [r. 9 cont.] Conditions of employment of young persons under 16. Register of young persons. Appendix I. Form. Appendix II. Fencing of machinery. Cleaning dangerous machinery. Reports of serious accidents. Appendix III. Fire-resisting doors. Doors to open outwards. Emergency door-fastenings in working hours. Fire-escapes. Maintenance of fire-escapes. 'Fire Exit' notices. Fire appliances. Fireproof walls. [r. 23 cont.] Provision of means for closing opening. Prohibition of smoking and naked lights in certain cases. (1 of 1873). Fire escapes. Factory etc., above dangerous goods store. (1 of 1873). Penalties. G.N.A. 86/51. Citation.

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