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On the 1st day of January, 1890, the Factory and Workshops' Act,
1895 (58 and 59 Vic. cap. 37) became operative. Perhaps
Sanitary at the present time few legal matters are more confusing
Legislation to Sanitary Officials than those which are contained in
in 1895. the various Acts known as "The Factory and Workshops'
Acts." Not only are they full of difficulties and doubts
so far as the meaning of some sections is concerned, but it often happens
that one becomes doubtful as to whether certain works should be undertaken
by the Factory Inspector, or by the Medical Officer of Health.
Now of course overlapping in such cases might mean friction between
officers of different authorities—it certainly means waste of time.
I have hitherto avoided such difficulty by a friendly co-operation
with the chief Factory Inspector. To prevent misunderstanding in the
working of the new Act, I have been in communication with the Home
Office Officials, and I hope soon to have all the machinery ready for
carrying out that portion of the Act which belongs to the Public Health
Department of your Board. The Act commences by stating that a
factory or a workshop shall "be deemed to be so overcrowded as to be
"dangerous or injurious to the health of the persons employed therein,
"if the number of cubic feet of space in any room therein bears to the
"number of persons employed at once in the room a proportion less
"than 250, or, during any period of overtime, 400 cubic feet of space to
"every person." Power is provided for the Secretary of State to vary
these allowances under certain circumstances. It would appear that it
is the duty of the Sanitary Authority to enforce this section so far as
ordinary day labour is concerned, and for overtime work the Factory
Inspector becomes responsible. It would simplify matters for one of the
officers to undertake the whole duty contained in the section I have
quoted. The number of persons who may legally be employed in each
room must be posted up in the room. If one officer saw to this arrangement
it would prevent the possibility of duplicating the work.
In the 1878 Factory and Workshop Act it was enacted that any
nuisance discovered by the Factory Inspector should be brought to the
notice of the Sanitary Authority. In the 1891 Act it was competent
for the Home Office Inspector to take proceedings in the event of the
Sanitary Authority not doing so "within a reasonable time." In such
case all costs incurred could be recovered from the local authority. It
is now declared that a reasonable time means "within one month." It
is further provided that the Sanitary Authority shall inform the Factory
Inspector of the proceedings taken by them in consequence of the notice
which they have received from him. A considerable addition to the
official clerical work will be the outcome of this scction of the new Act.