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35
FACTORY AND WORKSHOP ACT, 1901.
Factories, Workshop, and Workplaces.
In the year 1802, what may be described as the first Factory Act,
became law, so that a century of inspection and investigation has been
the basis upon which this Act has been framed.
From a perusal of its provisions and some experience of its application,
it appears to me to be a matter for regret that such an extended
experience should have resulted in a measure so confusing in its interpretation
and unsatisfactory in its working.
The Act, as a consolidating and amending measure clears up to a
great extent the ground covered by previous Acts, but much might have
been done to simplify, in the Metropolis at all events, the procedure
connected with it.
For instance, while professing to deal comprehensively with Workshops
and Workplaces, proceedings for the provision of sufficient sanitary
conveniences must be taken under the Public Health (London) Act,
1891. Further, with regard to the heating and ventilation of a Workshop,
the control of the latter is partly under the supervision of the Local
Authority, while the provisions relating to the former appear to be
entirely within the province of Ilis Majesty's Inspector.
With regard to the distinction to be drawn between Factories and
Workshops, that of the employment of mechanical power is most
indefinite.
Take the case of a large business premises, carrying on such work
as dressmaking, the selling of butchers meat and other comestibles, the
making up and dispensing of medicines, and in the basement of the same
building a gas engine is employed for sausage making. Is the whole
building to be considered as a Factory, or is that portion of the premises
in which mechanical power is used for a special purpose, to be alone a
Factory and the remaining departments dealt with as Workshops. The
definitions contained in Section 149 arc extremely vague.