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74
In the event of any occupier failing to keep or to send such lists he will be liable to a
fine of 21. for the first offence, and to a fine of 51. for a second or subsequent offence.
Proceedings to recover the fine may be taken by the Council.
It will be the duty of the Council to have the lists so sent to them examined, and if the
place of employment of any outworker included in the list is in another district, to
furnish his name and place of employment to the Council of that district.
The list required to be kept by the occupier or contractor will be open to inspection by
any duly authorised officer of the Council ; and the copies sent to the Council, and any
particulars furnished to it by another Council, will be open to inspection by any of the
Inspectors of Factories and Workshops.
The classes of work to which these provisions apply have been fixed by the Secretary
of State so as to include all those which have been fixed by him in regard to (1) and (2)
above, as follows :—
The making, cleaning, washing, altering, ornamenting, finishing, and repairing
of wearing apparel and any work incidental theret ;
The making, ornamenting, mending, and finishing of lace, and of laco curtains
and nets;
Cabinet and furniture making, and upholstery work;
The making of electro-plate;
The making of files; and
Fur-pulling.
Domestic Factories and Workshops.
In some cases it will be found that dwellings in which home work is done will
constitute a factory or workshop, in consequence of the employment by the occupier of
the dwelling, or some part of it, of persons on work which comes within the definitions
in the Act. Such places will be subject to the ordinary provisions of the Act with
regard to factories and workshops. An important exception, however, is made for
dwellings in which no mechanical power is used and the only persons employed are
members of the same family dwelling there. These places (termed in the Act "Domestic
Factories" and "Domestic Workshops") are exempted from many of the provisions of
the Act.*
Domestic Factories are exempted from the provisions in the Act as to the sanitation of
factories, and are made subject only, so far as sanitary conditions are concerned, to the
provisibns in sec. 2 (1) and sec. 3 ; i.e., if not kept in a cleanly state, or not ventilated in
such a manner as to render harmless, as far as practicable, any gases, vapours, dust or
other impurities generated in the course of the work that are a nuisance or injurious
to health, or so overcrowded while work is carried on as to be dangerous or injurious
to the health of the workers, it is liable to be dealt with as a nuisance under sec. 91
of the Public Health Act, 1875. A domestic factory will, for the purpose of this
provision, be deemed to be overcrowded unless in each room at least 250 cubic feet
of air-space (or during overtime 400) are allowed for each person employed in the
room. These provisions will be enforced by the District Council.
Domestic workshops are exempted from the special provisions as to means of
ventilation and the drainage of floors, but are otherwise, so far as sanitary conditions
are concerned, to be treated as ordinary workshops.t
*The only classes of factories which can come within the definition of "Domestic Factory" are those
specified in Part 1. of the Sixth Schedule to the Act. See page 68.
† Domestic workshops in which the work is only done at irregular intervals and does not furnish the
whole or principal means of living to the family, or in which certain classes of work of a light character (viz.,
straw plaiting, pillow-lace making and glove making) are carried on are wholly exempt, except so far as they
come within the term " workplace." See sec. 114.