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71
There are instances where fairly large staffs of either sex are employed together
with only one or two of the other sex; or a small number of each sex This results
in difficulty being experienced in providing separate W.C. accommodation on the
premises for both or for the sex of smaller numbers particularly where several
business tenements are found
In old buildings where leases have expired or are approaching expiration
owners are very reluctant to incur the cost of the erection of new conveniences
which owing to the general demand for business accommodation and the unusual
conditions of occupation which exist have become necessary
The shortage of buildings in the City has been the cause of derelict structures
becoming temporarily occupied as workshops until the more permanent occupation
of suitable premises could be arranged
A building or portion of premises occupied as a Factory or Workshop on
which additional WC accommodation is found to be necessary may be so built as
to render the construction of a new convenience or conveniences practically impossible
so as to comply with the Byelaws in force Such cases are rare however
The majority of lockup shops are without sanitary accommodation attached
to them but it is an accepted principle that persons employed there have the use
of conveniences in the building above or at the rear and of which the shops themselves
form part
Where the several conditions abovementioned are encountered the question
arises from time to time as to the use of public conveniences (if they are situated
within a reasonable distance) as an effort to meet the requirements of law and yet
prevent any undue hardship No such arrangement is legally permissable
Very comprehensive powers are given by the Factory and Workshop Act
1901 and the Public Health (London) Act 1891 relating to sanitary conveniences
in Factories Workshops and Workplaces Section 38 of the Public Health (London)
Act enacts:—
"Every factory workshop and workplace whether erected before or after the passing
"of this act shall be provided with sufficient and suitable accommodation in the way of
"sanitary conveniences regard being had to the number of persons employed in or in attend
"ance at such building and also where persons of both sexes are or are intended to be em
"ployed or in attendance with proper separate accommodation for persons of each sex"
Section 9 of the Factory and Workshop Act 1901 contains similar provisions
(excluding workplaces) No standards are laid down but the Secretary of State is
empowered to make an Order to determine what is sufficient and suitable accommodation
within the meaning of this Section The Section does not apply to
London and the Order made under it (Sanitary Accommodation Order 1903)
therefore does not apply but the contents are extremely useful as a guide They
are followed in the City of London the Sanitary Committee having adopted the
contents of the Order as constituting their interpretation of the requirements of
Section 38 of the Public Health (London) Act 1891
By Section 157 of the Factory and Workshop Act "mens" workshops are
exempted from the provisions relating to sanitary conveniences so that by inference
public or other accommodation outside the premises may be used In
practice however this Section is ignored and all action taken under the Public
Health (London) Act which contains no such limitation
The responsibility both with regard to construction and the maintenance of
efficient and cleanly conditions of sanitary conveniences in factories workshops
and workplaces is placed primarily upon the Local Sanitary Authority HM
Inspector of Factories acts in a supervisory capacity and is given power by the
Factory and Workshop Act to take action only if a Local Authority makes default
after receipt of information of some contravention from the Factory Inspector
The requirements of the Act relating to sanitary conveniences are equitable
All workers are given the right of access to suitable conveniences within the premises
where they work at all times during employment ; facilities which physiological
necessity demands It is found that the number of cases where the necessary
accommodation is absent is not large
It is noteworthy that while it is made necessary to provide separate conveniences
for the sexes there exists no statutory power to prevent persons of both sexes
using them promiscuously It appears therefore that once the necessary accommodation
has been provided the jurisdiction of the Sanitary Authority as to its