FACTORIES, OFFICES AND SHOPS ACT,
1970 (ACT 328)
As Amended by
FACTORIES, OFFICES AND SHOPS ACT
(AMENDMENT) LAW, 1983 (PNDCL 66).1
FACTORIES, OFFICES AND SHOPS
(AMENDMENT) LAW, 1991 (PNDCL
275).2
GHANA NATIONAL FIRE SERVICE ACT,
1997 (ACT 537).3
ARRANGEMENT OF SECTIONS
Section
PART 1—REGISTRATION OF FACTORIES
1. Register of factories
2. Registration of existing
factories
3. Registration of new factories
4. Alterations and building of new
factories
5. Offences.
PART 2—REGISTERS AND PRESCRIBED
ABSTRACT
6. General registers
7. Preservation of registers and
records
8. Prescribed abstract,
regulations and notices
PART 3—PARTICULARS OF OFFICES AND
SHOPS
9. Particulars to be given on
request
PART 4—NOTIFICATION OF ACCIDENTS
10. Notification of accidents
11. Notification of dangerous
occurrences
12. Notification of industrial
diseases
PART 5—HEALTH AND WELFARE
13. Cleanliness
14. Overcrowding
15. Ventilation
16. Washing facilities
17. Lighting
18. Drainage of floors
19. Sanitary conveniences
20. Drinking water
21. Accommodation for clothing
22. Sitting facilities
23. Removal of dust or fumes
24. Taking of meals
25. Protective clothing and
appliances
26. Noise and vibrations
27. Prohibition of lifting
excessive weights
28. First aid
29. Power to require medical
supervision
30. Health and wealth regulations
PART 6—SAFETY
31. Prevention of fire
32. Fire alarms
33. Safety provisions in case of
fire
34. Safe means of access and safe
place of employment
35. Floors, passages and stairs
36. Training and supervision
37. Cleaning of machinery
38. Fencing of dangerous machinery
39. Safeguards for transmission
machinery
40. Construction and maintenance
of fencing
41. Construction and sale of
machinery
42. Vessels containing dangerous
liquids
43. Self-acting machines
44. Hoists and lifts
45. Chains, ropes and lifting
tackle
46. Cranes and other lifting
machines
47. Register of chains, ropes,
lifting tackle and machines
48. Dangerous fumes and lack of
oxygen
49. Explosive or inflammable
substances
50. Steam boilers, receivers and
containers, and air receivers
51. Safety regulations
PART 7—DANGEROUS CONDITIONS AND
PRACTICES
52. Dangerous conditions and
practices
53. Dangerous premises
54. Appeal to High Court
PART 8—SPECIAL APPLICATIONS AND
EXTENSIONS
55. Part of building as separate
factory or shop
56. Docks, wharves, quays and
warehouses
57. Building operations and works
of engineering construction
58. Premises in which steam
boilers are used
59. Institutions
PART 9—OFFENCES AND LEGAL
PROCEEDINGS
60. Liability for contravention
61. Liability of actual offender
62. Liability of owner of machine
63. General penalty
64. Offences continued after
conviction
65. Court order to remedy
contravention
66. Penalty for death or injury
67. Forgery, uttering and
personation
68. Prosecution of offences
69. Special provisions as to
evidence
70. Service of documents, etc.
71. Power to modify agreement
72. Power to apportion expenses
73. Inspector may conduct court
proceedings
PART 10—ADMINISTRATION
74. Appointment of Inspectors
75. Powers of Inspectors
76. Obstruction of Inspector
77. Power to take samples
PART 11—GENERAL
78. Duties of persons employed
79. Notices and certificates
80. Deductions from wages
prohibited
81. Exemption
82. Application
83. Definition of factory
84. Definition of an office
85. Definition of a shop
86. Interpretation
87. Repeal and savings
88. Commencement
88A. Commencement
SCHEDULES
First Schedule
Second Schedule
Third Schedule
Fourth Schedule
THE THREE HUNDRED AND
TWENTY-EIGHTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA ENTITLED
THE FACTORIES, OFFICES AND SHOPS
ACT, 1970.
AN ACT to provide for the
registration of factories, the
health, welfare and safety of
persons employed in factories,
offices, shops and other places,
and matters connected therewith.
DATE OF ASSENT: 12th May, 1970
BE IT ENACTED by the Presidential
Commission and the National
Assembly in this present
Parliament assembled as follows:—
PART 1—REGISTRATION OF FACTORIES
Section 1—Register of Factories.
The Chief Inspector shall keep a
register of factories in which he
shall cause to be entered such
particulars in relation to every
factory required to be registered
under this Act as he may consider
necessary or desirable.
Section 2—Registration of Existing
Factories.
(1) Every person who occupies a
factory shall within one month
after the commencement of this Act
apply for its registration by
sending to the Chief Inspector a
notice containing the particulars
set out in the First Schedule.
(2) On receipt of such notice the
Chief Inspector shall register the
factory and shall issue to the
occupier a Certificate of
Registration upon the payment by
the occupier of the prescribed
fee. [As amended by Factories,
Offices and Shops (Amendment) Law,
1983 (PNDCL 66) s. 1(a)]
(3) Every certificate of
registration issued under this
section shall be an annual
certificate and shall expire on
the 31st day of December of the
year in which it is issued. [As
inserted by Factories, Offices and
Shops (Amendment) Law, 1983 (PNDCL
66) s. 1(b)]
Section 3—Registration of New
Factories.
(1) Any person who intends to
occupy or use any premises as a
factory after the commencement of
this Act shall, not less than one
month before he begins to occupy
or use the premises as a factory,
apply for the registration of the
premises by sending to the Chief
Inspector a notice containing the
particulars set out in the First
Schedule.
(2) On receipt of such notice the
Chief Inspector shall, within
three months, register the factory
and shall issue to the occupier a
Certificate of Registration upon
the payment by the occupier of the
prescribed fee. [As amended by
Factories, Offices and Shops
(Amendment) Law, 1983 (PNDCL 66)
s. 1(c)]
(3) Every certificate of
registration issued under this
section shall be an annual
certificate and shall expire on
the 31st day of December of the
year in which it is issued. [As
inserted by Factories, Offices and
Shops (Amendment) Law, 1983 (PNDCL
66) s. 1(d)]
Section 3A—Renewal of Certificate
of Registration.
The provisions of this part which
relate to the issue of a
certificate of registration shall
apply to any application for the
renewal of a certificate of
registration and to such renewal.
[As inserted by Factories, Offices
and Shops (Amendment) Law, 1983 (PNDCL
66) s. 1(e)]
Section 4—Alterations and Building
of New Factories.
(1) No person shall commence or
permit or cause to be commenced—
(a) the building of any premises
intended to be used as a factory;
or
(b) any works to alter or add to
any factory or premises intended
to be used as a factory,
unless he has first submitted to
the Chief Inspector or to the
Inspector for the district not
less than one month before such
commencement proper plans of such
building works, alterations or
additions accompanied by the
particulars set out in the Second
Schedule.
(2) The Chief Inspector may
require such changes to be made in
the building plans as are
reasonably necessary to ensure
compliance with the provisions of
this Act relating to health,
welfare and safety, and may, in
the case of the building of a new
factory, refuse to register the
factory under section 3 until his
requirements have been complied
with.
Section 5—Offences.
Any person who contravenes any
provision of section 2(1), 3(1) or
4(1) shall be guilty of an offence
and liable on conviction to a fine
not exceeding two hundred thousand
cedis. [As amended by the
Factories, Offices and Shops
(Amendment) Law, 1991 (PNDCL 275)
s.1(a)]
PART 2—REGISTERS AND PRESCRIBED
ABSTRACT
Section 6—General Registers.
(1) There shall be kept in every
factory a general register in the
prescribed form, and there shall
be entered in or attached to that
register—
(a) the Certificate of
Registration of the factory;
(b) every other certificate issued
in respect of the factory by the
Chief Inspector;
(c) the prescribed particulars
relating to the cleanliness of the
factory;
(d) the prescribed particulars of
every accident and case of
occupational disease occurring in
the factory;
(e) all reports and particulars
required by this Act to be entered
in or attached to the general
register;
(f) such other matters as may be
prescribed.
(2) The occupier of a factory
shall send to an Inspector such
extracts from the general register
as he may require for the
execution of his duties under this
Act.
Section 7—Preservation of
Registers and Records.
The general register and every
other register or record kept in
pursuance of this Act shall be
preserved and kept available for
inspection by any Inspector for
two years after the date of the
last entry therein.
Section 8—Prescribed Abstract,
Regulations and Notices.
(1) There shall be kept posted in
a prominent position in every
factory—
(a) the prescribed abstract of
this Act;
(b) a notice of the address of the
Chief Inspector and of the nearest
Inspector and labour officer;
(c) printed copies of any
regulations made under this Act
which are in force in the factory,
or the prescribed abstracts
thereof; and
(d) every other notice or document
required by this Act to be posted
in the factory.
(2) The Secretary may by
legislative instrument make
regulations—
(a) prescribing the abstracts of
this Act which shall be kept
posted in pursuance of this
section;
(b) prescribing any regulations or
abstracts thereof made under this
Act which are in force in the
factory, and which shall be kept
posted in pursuance of this
section;
(c) prescribing fees in respect of
certificates of registration and
their renewal;
(d) for otherwise giving effect to
the principles and purposes of the
Act. [As substituted by the
Factories, Offices and Shops
(Amendment) Law, 1983, (PNDCL 66),
s.1(g)].
PART 3—PARTICULARS OF OFFICES AND
SHOPS
Section 9—Particulars to be given
on Request.
Every person who occupies any
office or shop to which this Act
applies shall, if so requested by
an Inspector, within one month
serve on the Chief Inspector a
notice containing the particulars
set out in the Third Schedule.
PART 4—NOTIFICATION OF ACCIDENTS
Section 10—Notification of
Accidents.
(1) Where an accident in any
factory, office or shop—
(a) causes the death of a person
employed therein; or
(b) disables any such person for
more than three days from earning
full wages at work at which he was
employed,
the occupier shall forthwith send
written notice of the accident, in
the prescribed form and containing
the prescribed particulars, to the
Chief Inspector or the Inspector
for the district.
(2) Where an accident causing
disablement is notified under this
section, and after notification
results in the death of the person
disabled, the occupier shall, as
soon as the death comes to his
notice, send written notice of the
death to the Chief Inspector or
the Inspector for the district.
(3) Where any accident to which
this section applies occurs to a
person employed to work in any
factory, office or shop and the
occupier of the premises is not
the actual employer of the person
killed or injured, the actual
employer shall, if he fails to
report the accident to the
occupier immediately, be guilty of
an offence and liable on
conviction to a fine not exceeding
one hundred thousand cedis. [As
amended by the Factories, Offices
and Shops (Amendment) Law, 1991 (PNDCL
275), s.1(b)]
Section 11—Notification of
Dangerous Occurrences.
(1) Written notice of every
dangerous occurrence to which this
section applies occurring in any
factory, office or shop shall,
whether death or disablement is
caused or not, forthwith be sent
by the occupier in the prescribed
form containing the prescribed
particulars to the Chief Inspector
or the Inspector for the district.
(2) The dangerous occurrences to
which this section applies are—
(a) all cases of explosion, fire
and collapse of buildings;
(b) accidents to machinery or
plant likely to cause risk of
serious bodily injury to persons
employed;
(c) collapse, overturning or
failure of a crane, derrick,
winch, hoist or other appliance
used in raising or lowering
persons or goods;
(d) bursting of a revolving
vessel, wheel, grindstone or
grinding wheel moved by mechanical
power.
Section 12—Notification of
Industrial Diseases.
(1) Written notice of every case
of industrial disease to which
this section applies occurring in
a factory or shop shall forthwith
be sent by the occupier in the
prescribed form and containing the
prescribed particulars to the
Chief Inspector or the Inspector
for the district.
(2) The industrial diseases to
which this section applies are
lead, phosphorus, manganese,
arsenical and mercurial poisoning,
toxic anaemia, toxic jaundice,
anthrax, ulceration and any other
prescribed illness or disease.
PART 5—HEALTH AND WELFARE
Section 13—Cleanliness.
(1) Every factory, office and shop
and all furniture, furnishing and
fittings therein shall be kept in
a clean state.
(2) Accumulations of dirt and
refuse shall be removed daily from
the floors and benches of
workrooms, and from staircases and
passages.
(3) The floor of every office,
shop and workroom shall be cleaned
at least once a week by washing,
sweeping or some other suitable
and effective method.
(4) In every factory, all inside
walls and partitions, and all
ceilings or tops of rooms, and all
walls, sides and tops of passages
and staircases shall—
(a) where they have a smooth
impervious surface, be washed with
hot water and soap or otherwise
suitably cleaned at least once in
every twelve months;
(b) where they are varnished or
painted with oil paint, be
revarnished or repainted at least
once in every five years, and at
least once in every twelve months
be washed with hot water and soap
or otherwise suitably cleaned; and
(c) in other cases, be whitewashed
or colour-washed at least once in
every twelve months.
(5) Where the Chief Inspector is
satisfied that any provision of
this section is inappropriate in
relation to any premises, he may
by certificate in writing exempt
those premises from such
provision.
Section 14—Overcrowding.
(1) No room comprised in or
constituting a factory, office or
shop shall, while work is carried
on therein, be so overcrowded as
to cause risk of injury to the
health of persons working therein;
and in determining whether any
such room is overcrowded or not,
account shall be taken not only of
the number of persons who may be
expected to be working in the room
at any time but also of the space
in the room occupied by furniture,
furnishings, fittings, machinery,
plant, equipment and appliances.
(2) The floor area (in square
feet) or capacity (in cubic feet)
for each person habitually
employed to work in any room to
which this section applies shall
not be less than 40 square feet or
400 cubic feet respectively.
(3) Every workroom shall be not
less than nine feet in height,
measured from the floor to the
lowest point of the ceiling or,
where there is no ceiling to the
lowest point of the roofing
material.
(4) Where the Chief Inspector is
satisfied that the special
conditions under which work is
carried on in any workroom render
the application of subsection (2)
or (3) inappropriate or
unnecessary, he may by certificate
in writing exempt the workroom
from those provisions subject to
any conditions specified in the
certificate.
(5) In calculating for the
purposes of this section the cubic
space in any room, no space more
than fourteen feet from the floor
shall be taken into account.
Section 15—Ventilation.
Effective and suitable provision
shall be made in all factories,
offices and shops to secure and
maintain by the circulation of
fresh air in each workroom the
adequate ventilation of the room.
Section 16—Washing Facilities.
(1) Adequate and suitable washing
facilities, conveniently
accessible for the use of all
persons employed, shall be
provided and maintained in a clean
and orderly condition in every
factory, office and shop.
(2) Where the Chief Inspector is
satisfied that, by reason of the
difficulty of obtaining an
adequate supply of water or any
other special circumstances, the
application of this section to any
premises would be unreasonable, he
may by certificate in writing
exempt those premises from the
requirements of this section.
Section 17—Lighting.
(1) Effective provision shall be
made to secure and maintain
sufficient and suitable lighting,
whether natural or artificial, in
every part of any factory, office
or shop in which persons are
working or passing.
(2) All apparatus installed for
producing artificial lighting
where lighting is required by
this section shall be properly
maintained.
(3) All glazed windows and
skylights used for the lighting of
any part of a factory, office or
shop shall, so far as practicable,
be kept clean on both the inner
and outer surfaces and free from
obstruction; but this subsection
shall not affect the whitewashing
or shading of windows or skylights
to mitigate heat or glare.
Section 18—Drainage of Floors.
Where any process is carried on in
any factory or shop which renders
a floor liable to be wet to such
an extent that the water is
capable of being removed by
drainage, effective means shall be
provided and maintained to drain
off the water.
Section 19—Sanitary Conveniences.
(1) Adequate and suitable sanitary
conveniences conveniently
accessible to persons employed
shall be provided, maintained and
kept clean in every factory,
office and shop, and effective
provision shall be made for their
lighting and ventilation.
(2) Where persons of both sexes
are employed (except where the
only persons employed are members
of the same family, or where less
than five persons are employed),
separate conveniences shall be
provided for males and females.
(3) The Minister may by executive
instrument direct that the
provisions of this section shall,
in any area, be enforced by the
local authority.
(4) Where an Inspector finds any
act or default in relation to any
drain, sanitary convenience or
water supply, or any nuisance or
other matter in any premises to
which this Act applies, which
appears to him to be the concern
of the local authority under this
section or under any other
enactment, he shall give notice
thereof in writing to the local
authority.
Section 20—Drinking Water.
(1) An adequate supply of
wholesome drinking water shall be
provided and maintained at
suitable points conveniently
accessible to all persons employed
in every factory, office or shop.
(2) Where a supply of drinking
water is not piped, it shall be
contained in suitable vessels and
shall be renewed at least daily;
and all practicable steps shall be
taken to preserve the water and
vessels from contamination.
(3) A drinking water supply,
whether piped or not, shall in
such cases as an Inspector may
direct be clearly marked "Drinking
Water".
Section 21—Accommodation for
Clothing.
Adequate and suitable
accommodation for clothing not
worn during working hours shall be
provided and maintained at
suitable places for the use of all
persons employed in any factory,
office or shop.
Section 22—Sitting Facilities.
(1) Where persons employed in any
factory, office or shop have in
the course of their work
reasonable opportunities for
sitting without detriment to their
work, there shall be provided and
maintained for their use, at
suitable places conveniently
accessible to them, suitable
facilities for sitting sufficient
to enable them to take advantage
of those opportunities.
(2) Where a substantial proportion
of such work can properly be done
sitting—
(a) there shall be provided and
maintained for any employed person
doing that work a seat of a design
construction and size suitable for
him and the work, together with a
footrest on which he can readily
and comfortably support his feet
if he cannot do so without one;
(b) the arrangements shall be such
that the seat is adequately and
properly supported while in use
for the purpose for which it is
provided.
Section 23—Removal of Dust or
Fumes.
(1) Where in any factory process
there is given off dust, fumes or
other impurities of such a
character or to such an extent as
to be likely to be injurious or
offensive to the persons employed,
or any substantial quantity of
dust of any kind, all practicable
measures shall be taken to protect
the persons employed against
inhalation of the dust, fumes or
other impurities and to prevent
them accumulating in any workroom,
and in particular, where the
nature of the process makes it
practicable, exhaust appliances
shall be provided and maintained,
as near as possible to the point
of origin of the dust, fumes or
other impurities, so as to prevent
them entering the air of any
workroom.
(2) No stationary internal
combustion engine shall be used in
any factory unless provision is
made to conduct the exhaust gases
from the engine into the open air.
Section 24—Taking of Meals.
(1) Where in any room of a factory
or shop any poisonous or otherwise
injurious substance is so used as
to give rise to dust or fumes, no
person shall be allowed to take
food to drink in that room.
(2) Suitable provision shall be
made to enable persons employed in
any such room to take their meals
elsewhere in the premises.
Section 25—Protective Clothing and
Appliances.
(1) Where in any factory or shop
workers are employed in any
process involving excessive
exposure to wet or to any
injurious or offensive substance,
suitable protective clothing and
appliances, including, where
necessary, suitable gloves,
footwear, goggles and head
coverings, shall be provided and
maintained for their use.
(2) In the case of any of the
processes specified in the Fourth
Schedule, suitable goggles or
effective screens shall be
provided to protect the eyes of
persons employed in the process.
(3) Where in any factory electric
arc welding is carried on,
effective provision shall be made,
by screening or otherwise, to
prevent persons employed (other
than persons employed in the
welding process) being exposed to
the electric arc flash.
Section 26—Noise and Vibrations.
Noise and vibrations likely to
affect the health of persons
employed in any factory, office or
shop shall be reduced as far as
possible by appropriate and
practicable measures.
Section 27—Prohibition of lifting
Excessive Weights.
No person shall in the course of
his work be required to lift,
carry or move any load so heavy as
to be likely to cause injury to
him.
Section 28—First Aid.
(1) A first aid box or cupboard of
the prescribed standard shall be
provided and maintained in every
factory, office and shop so as to
be readily accessible, and where
more than 150 persons are employed
an additional box or cupboard
shall be provided for each
additional 150 persons.
(2) Nothing except appliances or
requisites for first aid shall be
kept in a first aid box or
cupboard.
(3) Each first aid box or cupboard
shall be placed under the charge
of a responsible person, who shall
if possible be a person with
knowledge of first aid and who
shall always be readily available
during working hours.
(4) There shall be displayed in
the premises so as to be easily
seen and read by the persons
employed to work therein a notice
stating the name of the person in
charge of the box or cupboard.
Section 29—Power to require
Medical Supervision.
Where it appears to the Minister
that in any factory, shop, or
class of factory or shop—
(a) cases of illness have occurred
which he has reason to believe may
be due to the nature of a process
or other conditions of work; or
(b) by reason of alteration of any
process, or the introduction of
any new process or new substance
for use in a process, there may be
risk of injury to the health of
persons employed in that process;
or
(c) young persons are or are about
to be employed in work which may
cause risk of injury to their
health; or
(d) there may be risk of injury to
the health of persons employed
from any substance or material
brought to the factory or shop to
be used or handled therein, or
from any change in the conditions
of work or other conditions in the
factory or shop,
he may by written notice require
such reasonable arrangements to be
made for the medical supervision
of persons employed therein as he
may specify.
Section 30—Health and Welfare
Regulations.
(1) The Minister may by
legislative instrument make
regulations—
(a) modifying or extending for any
class of factory, office or shop
any provision of this Act imposing
requirements as to health or
welfare, where he is satisfied
that such modification or
extension is necessary to secure
the health or welfare of persons
employed;
(b) regulating the preparing and
taking of meals, ambulance and
first aid arrangements, rest
rooms, supply of protective
clothing, and the supply and use
of seats in workrooms;
(c) increasing the number of cubic
feet which must be allowed for
each person under section 14;
(d) prescribing standards of
adequate and suitable ventilation,
washing facilities, lighting and
sanitary conveniences;
(e) providing for the control of
noise and vibrations and
safeguarding the health of persons
subjected to noise and vibrations;
(f) prescribing the maximum
weights which may be lifted,
carried or moved by any person,
either generally or in relation to
particular circumstances;
(g) providing for the protection
of persons or any class of persons
working in any factory, office or
shop against risk of bodily injury
or injury to health arising out of
the use of any machinery, plant,
equipment, appliance or substance,
the carrying on of any operation
or the use of any process;
(h) otherwise for carrying out the
principles and purposes of this
Part.
(2) Regulations made under this
section may impose duties on
owners, employed persons and other
persons, as well as on occupiers.
PART 6—SAFETY
Section 31—Prevention of Fire
[Repealed by the Ghana National
Fire Service Act, 1997 (Act 537),
s.33(b)].
Section 32—Fire Alarms
[Repealed by the Ghana National
Fire Service Act, 1997 (Act 537),
s.33(b)].
Section 33—Safety Provisions in
Case of Fire.
[Repealed by the Ghana National
Fire Service Act, 1997 (Act 537),
s.33(b)].
Section 34—Safe Means of Access
and Safe Place of Employment.
(1) There shall, so far as is
reasonably practicable, be
provided and maintained safe means
of access to every place at which
any person has at any time to
work, and every such place shall,
so far as is reasonably
practicable, be made and kept safe
for any person working there.
(2) Where any person has to work
at a place from which he will be
liable to fall a distance more
than eight feet, means shall be
provided, so far as is reasonably
practicable, by fencing or
otherwise, to ensure his safety,
unless the place is one which
affords secure foot-hold and,
where necessary, secure hand-hold.
(3) Sufficient clear and
unobstructed space shall be
maintained at every machine while
in motion to enable the work to be
carried on without unnecessary
risk.
(4) Every teagle opening or
similar doorway used for hoisting
or lowering goods or materials,
whether by mechanical power or
otherwise, shall be securely
fenced, and shall be provided with
a secure hand-hold on each side of
the opening or doorway.
(5) The fencing referred to in
subsection (4) shall be properly
maintained and shall, except where
the hoisting or lowering of goods
or materials is being carried on
at the opening or doorway, be kept
in position.
Section 35—Floors, Passages and
Stairs.
(1) All floors, steps, stairs,
passages and gangways shall be of
sound construction and properly
maintained and shall, so far as is
reasonably practicable, be kept
free from any obstruction and from
any substance likely to cause
persons to slip.
(2) For every staircase in a
building or affording a means of
exit from a building, a
substantial hand-rail shall be
provided and maintained, which, if
the staircase has an open side,
shall be on that side, and, in the
case of a staircase having two
open sides or of a staircase
which, owing to the nature of its
construction or the condition of
the surface of the steps or other
special circumstances, is
specially liable to cause
accidents, such a hand-rail shall
be provided and maintained on both
sides.
(3) An open side of a staircase
shall also be guarded by the
provision and maintenance of a
lower rail or other effective
means to prevent any person from
accidentally falling through the
space between the hand-rail or
hand-hold and the steps of the
staircase.
(4) All openings in floors shall
be securely fenced, except insofar
as the nature of the work renders
such fencing impracticable.
(5) All ladders shall be soundly
constructed and properly
maintained.
Section 36—Training and
Supervision.
No person shall be employed at any
machine or in any process liable
to cause bodily injury, unless—
(a) he has been fully instructed
as to the dangers likely to arise
in connection therewith and the
precautions to be observed; and
(b) he has received sufficient
training in work at the machine or
in the process, or is under
adequate supervision by a person
who has a thorough knowledge and
experience of the machine or
process.
Section 37—Cleaning of Machinery.
(1) No woman or young person shall
clean any part of a machine if
such cleaning would expose the
woman or young person to risk of
injury from any moving part of
that or any adjacent machinery.
(2) No woman or young person shall
clean any part of a prime mover or
of any transmission machinery
while the prime mover or
transmission machinery is in
motion.
Section 38—Fencing of Dangerous
Machinery.
(1) Every dangerous part of any
machinery shall be securely fenced
unless it is in such a position or
of such construction as to be as
safe to every person employed or
working in the premises as it
would be if securely fenced.
(2) In so far as the safety of a
dangerous part of any machinery
cannot by reason of the nature of
the operation be secured by means
of a fixed guard, the requirements
of this section shall be deemed to
have been complied with if a
device is provided which in the
opinion of an Inspector
satisfactorily prevents the
operator from coming into contact
with that part.
(3) Without prejudice to the
generality of subsection (1),
"dangerous part" includes every
moving part of a prime mover,
every flywheel directly connected
to a prime mover, any part of a
stock-bar which projects beyond
the headstock of a lathe, every
part of any electric generator,
motor or rotary converter, and
every part of transmission
machinery.
Section 39—Safeguards for
Transmission Machinery.
(1) Efficient devices or
appliances shall be provided and
maintained in every room or place
where work is carried on by which
the power can promptly be cut off
from the transmission machinery in
that room or place.
(2) Every machine intended to be
driven by mechanical power shall
be provided with an efficient
starting and stopping appliance,
the control of which shall be in
such a position as to be readily
and conveniently operated by the
person operating the machine.
(3) No driving belt when not in
use shall be allowed to rest or
ride upon a revolving shaft which
forms part of the transmission
machinery.
(4) Suitable striking gear or
other efficient mechanical
appliances shall be provided and
maintained and used to move
driving belts to and from fast and
loose pulleys which form part of
the transmission machinery, and
any such gear or appliances shall
be so constructed, placed and
maintained as to prevent the
driving belt from creeping back on
to the fast pulley.
(5) The Chief Inspector may by
certificate in writing grant,
subject to any conditions
specified in the certificate,
exemption from compliance with any
requirements of this section in
any case where he is satisfied
that compliance with the
requirement is unnecessary or
impracticable.
Section 40—Construction and
Maintenance of Fencing.
All fencing and other safeguards
provided in pursuance of sections
38 and 39 shall be of substantial
construction, and constantly
maintained and kept in position
while the parts required to be
fenced or safeguarded are in
motion or in use, except when any
such parts are necessarily exposed
for examination and for any
lubrication or adjustment shown by
such examination to be immediately
necessary, and all the conditions
specified in the relevant safety
regulations made under section 51
are complied with.
Section 41—Construction and Sale
of Machinery.
(1) In the case of any machine in
a factory which is intended to be
driven by mechanical power—
(a) every set-screw, bolt or key
on any revolving shaft, spindle,
wheel or opinion shall be so sunk,
encased, or otherwise effectively
guarded as to prevent danger; and
(b) all spur and other toothed or
friction gearing, which does not
require frequent adjustment while
in motion, shall be completely
encased unless it is so situated
as to be as safe as it would be if
completely encased.
(2) Any person who sells or lets
on hire, or as agent of the seller
or hirer causes or procures to be
sold or let on hire, knowing it to
be for use in a factory in Ghana,
any machine intended to be driven
by mechanical power which does not
comply with the requirements of
this section shall be guilty of an
offence and liable on conviction
to a fine not exceeding two
hundred thousand cedis. [As
amended by the Factories and
Offices and Shops (Amendment) Law,
1991 (PNDCL 275), s.1(c)].
Section 42—Vessels Containing
Dangerous Liquids.
(1) Every fixed vessel, structure,
sump or pit of which the edge is
level with or less than three feet
above the adjoining ground or
platform shall, if it contains any
scalding, corrosive or poisonous
liquid, either be securely covered
or be securely fenced to at least
three feet above that ground or
platform, or where by reason of
the nature of the work neither
secure covering nor secure fencing
to that height is practicable, all
practicable steps shall be taken
by covering, fencing or other
means to prevent any person from
falling into the vessel,
structure, sump or pit.
(2) A warning notice, indicating
the nature of the danger and in a
form readily understood by the
persons employed, shall be marked
on or attached to any plant to
which this section applies or, if
this is not reasonably
practicable, be posted nearby.
Section 43—Self-acting Machines.
No traversing part of any
self-acting machine and no
material carried thereon shall, if
the space over which it runs is a
space over which any person is
liable to pass, whether in the
course of his employment or
otherwise, be allowed on its
outward traverse to run within a
distance of eighteen inches from
any fixed structure not being part
of the machine.
Section 44—Hoists and Lifts.
(1) Every hoist or lift shall be
of good mechanical construction,
sound material and adequate
strength, and shall be properly
maintained.
(2) Every hoistway or liftway
shall be completely enclosed with
fire-resisting materials, and all
means of access to the hoist or
lift shall be fitted with doors of
fire-resisting materials:
Provided that any such hoistway or
liftway shall be enclosed at the
top only by some material easily
broken by fire, or be provided
with a vent at the top.
(3) For the purposes of this
section no lifting machine or
appliance shall be deemed to be a
hoist or lift unless it has a
platform or cage whose direction
of movement is restricted by a
guide or guides.
Section 45—Chains, Ropes and
Lifting Tackle.
No chain, rope or lifting tackle
used to raise or lower persons,
goods or materials shall be used
unless it is of good construction,
sound material, adequate strength
and free from patent defect.
Section 46—Cranes and Other
Lifting Machines.
(1) All parts and working gear
whether fixed or movable,
including and anchoring and fixing
appliances, of every lifting
machine shall be of good
construction, sound material,
adequate strength and free from
patent defect, and shall be
properly maintained.
(2) All rails on which a
travelling crane moves and every
track on which the carriage of a
transporter or runway moves shall
be of proper size and adequate
strength, and have an even running
surface, and any such rails or
track shall be properly laid,
adequately supported or suspended,
and properly maintained.
(3) There shall be plainly marked
on every lifting machine the safe
working load or loads thereof,
except that in the case of a jib
crane so constructed that the safe
working load may be varied by the
raising or lowering of the jib,
there shall be attached thereto
either an automatic indicator of
safe working loads or a table
indicating the safe working loads
at corresponding inclinations of
the jib or corresponding radii of
the load.
(4) No lifting machine shall,
except for the purpose of a test,
be loaded beyond the safe working
load as marked or indicated under
subsection (3).
(5) If any person is employed or
working on or near the wheel track
of an overhead travelling crane in
any place where he would be liable
to be struck by the crane,
effective measures shall be taken
to ensure that the crane does not
approach within twenty feet of
that place.
(6) If any person is employed or
working otherwise than as
mentioned in subsection (5) but in
a place above floor level where he
would be liable to be struck by an
overhead travelling crane, or by
any load carried by such a crane,
effective measures shall be taken
to warn him of the approach of
the crane, unless his work is so
connected with or dependent on the
movements of the crane as to make
a warning unnecessary.
(7) A lifting machine shall not be
operated except by a person
trained and competent to operate
that machine, except that it shall
be permissible for such machine to
be operated by a person who is
under the direct supervision of a
qualified person for the purpose
of training; and no person under
the age of eighteen shall be
employed to operate any lifting
machine driven by mechanical power
or to give signals to its
operator.
Section 47—Register of Chains,
Ropes, Lifting Tackle and
Machines.
A
register containing all prescribed
particulars shall be kept in every
factory in respect of all chains,
ropes, or lifting tackle (except
fibre rope slings) to which
section 45 applies, and all
lifting machines to which section
46 applies.
Section 48—Dangerous Fumes and
Lack of Oxygen.
No person shall enter or remain in
any chamber, tank, vat, pit, pipe,
flue or other confined space, or
in any confined space in which
dangerous fumes are likely to be
present or the proportion of
oxygen in the air is liable to
have been substantially reduced,
for any purpose unless he has been
authorised to enter by a
responsible person and either he
is wearing a suitable breathing
apparatus, or he is ensured of a
supply of air adequate for
respiration and to render harmless
any fumes.
Section 49—Explosive or
Inflammable Substances.
(1) Where, in connection with any
process giving rise to dust, gas,
or vapour, there may escape into
any workroom dust, gas or vapour
of such a character and to such an
extent as to be liable to explode
on ignition, all practicable steps
shall be taken to prevent such an
explosion by the enclosure of the
plant used in the process, and by
removal or prevention of
accumulation of the dust, gas or
vapour, and by exclusion or
effective enclosure of possible
sources of ignition.
(2) Where there is present in any
plant used in any such process
dust, gas or vapour of such a
character and to such an extent as
to be liable to explode on
ignition, all practicable steps
shall be taken to restrict the
spread and effects of such an
explosion by the provision, in
connection with the plant, of
chokes, baffles and vents or other
equally effective appliances,
unless the plant is so constructed
as to withstand the pressure
likely to be produced by any such
explosion.
(3) No plant, tank or vessel which
contains or has contained any
explosive or inflammable substance
shall be subjected to any welding,
brazing or soldering operation or
to any cutting or other operation
which involves the application of
heat, until all practicable steps
have been taken to remove the
substance and any fumes arising
from it or to render them
non-explosive or non-inflammable;
and if any plant, tank or vessel
has been subjected to any such
operation, no explosive or
inflammable substance shall be
allowed to enter the plant, tank
or vessel until the metal has
cooled sufficiently to prevent any
risk of igniting the substance.
(4) The Chief Inspector may by
certificate in writing, subject to
any conditions specified in the
certificate, grant exemption from
compliance with any of the
requirements of subsection (3) in
any case where he is satisfied
that compliance with the
requirement is unnecessary or
impracticable.
Section 50—Steam Boilers,
Receivers and Containers, and Air
Receivers.
(1) Every steam boiler or steam
receiver and all its fittings and
attachments shall be of good
construction, sound material,
adequate strength and free from
patent defect, and shall be
properly maintained.
(2) Every steam boiler attendant
shall be properly instructed as to
his duties.
(3) No work shall be permitted in
any boiler-furnace or boiler-flue
until it has been sufficiently
cooled by ventilation or otherwise
to make work safe for the persons
employed.
(4) Every steam container shall be
so maintained as to ensure that
the outlet is at all times kept
open and free from obstruction.
(5) Every air receiver and its
fittings shall be of sound
construction and properly
maintained.
Section 51—Safety Regulations.
(1) The Minister may by
legislative instrument make
regulations—
(a) providing for the supervision
of persons employed;
(b) prescribing particular means
for fighting fire in respect of
any class or description of
premises to which this Act
applies;
(c) providing for the testing and
examination of any means provided
for fighting fire, and for the
recording of particulars of the
tests and examinations and of any
defects found and action taken to
remedy the defects;
(d) prescribing the means of
escape in case of fire to be
provided in premises to which this
Act applies;
(e) providing for the fencing of
and safety requirements to be
observed in relation to any
particular machinery;
(f) prescribing conditions to be
observed in the examination,
lubrication or operation of any
dangerous part of any machinery;
(g) prescribing matters not to be
taken into account in determining
whether any part of machinery is
as safe as it would be if securely
fenced;
(h) prohibiting the sale or hire
of any machinery or plant which
does not comply with any safety
requirements specified in the
regulations;
(i)
providing for the regular
examination, testing and repair of
hoists and lifts, and prescribing
safety measures to be observed in
relation to hoists and lifts;
(j) providing in respect of all
kinds of chains, ropes and lifting
tackle for tables of safe working
loads, testing, examination and
annealing;
(k) providing for the regular
examination, testing and repair of
all lifting machines, and
prescribing safety measures to be
observed in relation to lifting
machines;
(l) prescribing safety measures to
be observed when work has to be
done inside any confined space in
which dangerous fumes are likely
to be present;
(m) providing for the examination
and testing of steam boilers and
steam receivers and all their
fittings and attachments;
(n) providing for the cleaning,
examination and testing of air
receivers;
(o) prescribing standards of
construction, specifications,
safety requirements and safety
measures to be observed in
relation to steam boilers,
receivers and containers and air
containers;
(p) prescribing the conditions
under which steam boilers and
steam receivers, whether new or
previously used, may be taken into
use;
(q) prohibiting the employment of,
or modifying or limiting the hours
of employment of, all persons or
any class of persons in connection
with any manufacture, machinery,
plant, equipment, appliance,
process or description of manual
labour which in his opinion is of
such a nature as to cause risk of
bodily injury or to be offensive
to any persons employed in a
factory, office or shop;
(r) prohibiting, limiting or
controlling the use of any
material or process in any
factory, office or shop, in the
interest of the welfare or persons
employed therein, or where in his
opinion the use of such material
or process may cause risk of
bodily injury or be offensive to
any persons employed therein;
(s) modifying or extending with
respect to any class of factory,
office or shop any provision of
this Act imposing safety
requirements, where he is
satisfied that such modification
or extension is necessary to
prevent risk of bodily injury to
persons employed therein:
(t) otherwise for carrying out the
principles and purposes of this
Part.
(2) Regulations made under this
section may impose duties on
owners, employed persons and other
persons, as well as on occupiers.
PART 7—DANGEROUS CONDITIONS AND
PRACTICES
Section 52—Dangerous Conditions
and Practices
(1) An Inspector may complain to a
District Court in relation to any
factory, office or shop—
(a) that any part of the ways,
works, machinery or plant used
therein is in such a condition or
is so constructed or placed that
it cannot be used without risk of
bodily injury or injury to health;
or
(b) that any process or work is
carried on or anything is or has
been done therein in such a manner
as to cause risk of bodily injury
or injury to health; or
(c) that the conditions in regard
to escape in case of fire are so
dangerous that the premises or any
part thereof ought not to be used,
or ought not to be used for a
particular process or work, until
steps have been taken to remedy
the danger.
(2) If the court is satisfied that
the complaint is justified in
respect of any of the above
matters, the court shall, as the
case may require, by order—
(a) prohibit the use of that part
of the ways, works, machinery or
plant or, if it is capable of
repair or alteration, prohibit its
use until duly repaired or
altered; or
(b) require the occupier of the
premises to take such steps as may
be specified in the order to
remedy the danger complained of;
or
(c) prohibit the use of the
premises or part thereof, or its
use for the particular process or
work, until such works as may be
specified in the order have been
executed to remedy the danger.
(3) Where a complaint is or has
been made under this section, the
court may, on application ex parte
by the Inspector, and on receiving
evidence that the use of any such
part of the ways, works machinery
or plant, or, as the case may be,
the using of the premises or
carrying on of any process or work
or the doing of anything in such a
manner as aforesaid, involves
imminent risk of serious bodily
injury or injury to health, make
an interim order prohibiting
either absolutely or subject to
conditions the use, carrying on or
doing thereof until the earliest
opportunity to hear and determine
the complaint.
(4) Where any order of the court
made under this section is
contravened, the occupier of the
premises shall be guilty of an
offence and liable on conviction
to a fine not exceeding two
hundred thousand cedis or to
imprisonment not exceeding three
months, or to both. [As amended by
the Factories, Offices and Shop
(Amendment) Law, 1991 (PNDCL 275),
s.1(d)].
Section 53—Dangerous Premises.
(1) Where on complaint by an
Inspector a court is satisfied
that any factory, office or shop
or any part thereof is in such a
condition, or is so constructed or
placed, that any process or work
carried on or intended to be
carried on therein cannot be so
carried on with due regard to the
safety and health of the persons
employed, the court may by order
prohibit the use thereof for the
purpose of that process or work.
(2) An order made by a court under
this section may—
(a) prohibit the carrying on of
any process or work either
indefinitely or until such steps
have been taken as may be
specified in the order to enable
the process or work to be carried
on with due regard to the safety
and health of the persons
employed, and
(b) be revoked or varied on the
application by way of complaint of
the occupier or owner of the
premises:
Provided that on any such
application an Inspector shall be
entitled to be heard.
(3) If any process or work is
carried on in any factory, office
or shop or any part thereof in
contravention of an order of the
court made under this section, the
occupier of the premises shall be
guilty of an offence and liable on
conviction to a fine not exceeding
two hundred thousand cedis or to
imprisonment not exceeding nine
months, or to both. [As amended by
the Factories, Offices and Shop
(Amendment) Law, 1991 (PNDCL 275),
s.1(e)].
Section 54—Appeal to High Court.
Any person, including an
Inspector, aggrieved by an order
made by a court on determining a
complaint under section 52 or 53
may appeal therefrom to a judge of
the High Court.
PART 8—SPECIAL APPLICATIONS AND
EXTENSIONS
Section 55—Part of Building as
Separate Factory or Shop.
(1) Where part of a building is
let off as a separate factory or
shop, the provisions of this Act
relating to factories or shops
shall apply to any part of the
building used for the purposes of
the factory or shop, but the owner
of the building shall, instead of
the occupier, be responsible for
any contravention of sections 19,
31 to 34, 44 to 47 and 52 to 54
insofar as those sections relate
to matters which are within his
control or which are his
responsibility.
(2) For the purposes of this
section, references in sections 52
to 54 to the occupier shall be
taken as references to the
occupier or to the owner of the
building, according to which of
them is responsible in respect of
the matters complained of.
(3) For the purposes of the
provisions applied by this
section, lifting machines attached
to the outside of the building,
and chains, ropes and lifting
tackle used in connection with
those machines, shall be treated
as being in the building.
(4) Where in any provision applied
by this section, or in any
regulations made thereunder, there
is contained in respect of a
factory any reference to the
general register, that reference
shall be taken,in relation to
matters in respect of which the
owner of the building is
responsible, as a reference to a
register to be kept by him, and
section 69(2) shall apply in
relation to any such register as
if the owner were the occupier of
the factory.
Section 56—Docks, Wharves, Quays
and Warehouses.
(1) Sections 6, 7, 10 to 54 and 60
to 87 shall apply, so far as
applicable, to every dock, wharf
or quay and every warehouse not
forming part of a factory, in or
for the purposes of which
mechanical power is used, as if it
were a factory and as if the
person having the actual use or
occupation of it were the occupier
of a factory.
(2) The provisions applied by this
section shall apply to the
processes of loading, unloading or
coaling of any ship in any dock or
harbour, and to all machinery or
plant used in those processes, as
if the processes were carried on
in a factory and the machinery or
plant were in a factory and the
person who carries on those
processes were the occupier of a
factory:
Provided that sections 50 and 52
shall not apply in relation to any
such machinery or plant which is
on board a ship and is the
property of the shipowner.
(3) For the purposes of this
section, "plant" includes any
gangway or ladder used by any
person employed to load, unload or
coal a ship.
Section 57—Building Operations and
Works of Engineering Construction.
(1) Sections 6 to 8, 10 to 12, 19,
20, 25 to 31, 33 to 40, 43 to 54
and 60 to 87 shall apply, so far
as applicable, to all building
operations and works of
engineering construction
undertaken by way of trade or
business, or for the purpose of
any industrial or commercial
undertaking, and to any line or
siding which is used in connection
therewith and for the purposes
thereof and is not part of a
railway.
(2) No order made under section 52
shall operate so as to interfere
with the design of any works of
engineering construction or with
the adoption in the execution of
those works of any method not
inconsistent with the safety of
the works or of the persons
employed which is prescribed in
the specification or in any signed
plans issued, or written
directions given, by the
consulting engineer or the
engineer in charge.
(3) The provisions of this Act in
their application to building
operations or to works of
engineering construction shall
have effect as if any place where
such operations or works are
carried on were a factory and any
person undertaking any such
operations or works to which this
Act applies were the occupier of
the factory.
(4) Sections 6 and 7 shall be
deemed to be complied with as
respects building operations or
works of engineering construction
if the register is kept at an
office of the person undertaking
the operations or works and copies
of the abstract and regulations
are kept posted up at each office,
yard or shop of the person
undertaking the operations or
works at which persons employed by
him on the operations or works
attend, and in a position where
they can be easily read by those
persons.
(5) Subject to subsection (6), any
person undertaking any building
operations or works of engineering
construction to which this Act
applies shall, not later than
seven days after the beginning
thereof, serve on the Inspector
for the district a written notice
stating the name and postal
address of that person, the place
and nature of the operations or
works, whether any mechanical
power is used and if so its
nature, and such other particulars
as may be prescribed.
(6) Subsection (5) shall not apply
to any operations or works which
the person undertaking them has
reasonable grounds to believe will
be completed in a period of less
than six weeks, except in such
cases as the Chief Inspector may
direct; and where a person
undertakes any building operations
or works of engineering
construction in a place where such
operations or works are in
progress, he shall not be required
to give a notice under that
subsection if such a notice was
given in respect of the operations
or works in progress.
(7) The application of this Act to
any building operations or works
of engineering construction by
virtue of this section shall not
be excluded by reason of the fact
that they are undertaken on
premises to which this Act
otherwise applies; and nothing in
this section shall be taken as
prejudicing the application of
this Act to those premises apart
from this section.
(8) The Minister may in respect of
building operations and works of
engineering construction by
legislative instrument make
regulations—
(a) adapting or modifying any of
the provisions of this Act in
their application to building
operations and works of
engineering construction;
(b) prescribing standards for
scaffolding;
(c) regulating the control of
lifting machinery and tackle, the
timbering of excavations, and site
supervision;
(d) making special provision for
the health and welfare of workers
engaged on construction sites; and
(e) imposing duties on any person
for any of the above purposes.
Section 58—Premises in which Steam
Boilers are Used.
(1) Sections 10, 11, 30, 33, 38,
44 to 57, 60 to 76, 78 and 79
shall apply to any premises (not
being premises forming part of a
factory, or premises to which the
application of this Act is
otherwise extended by this Part)
in which a steam boiler is used,
as if the premises were a factory
and as if the person having the
actual use or occupation of the
premises were the occupier of a
factory.
(2) The owner of the boiler,
receiver or container shall,
instead of the person deemed to be
the occupier, be responsible for
any contravention of sections 44,
45 and 47 as applied by this
section in so far as they relate
to matters within his control.
(3) The Minister may by
legislative instrument make
regulations modifying the
provisions of sections 71 (so far
as applicable) and 72 in their
application by this section to
premises in which a steam boiler
is used.
(4) The occupier of any premises
(not being premises forming part
of a factory) in which a steam
boiler is used shall, within one
month after the date upon which
the boiler is first used in those
premises, send to the Chief
Inspector a written notice
containing his name, the address
and location of the premises, the
nature of the work carried on in
the premises, and the following
particulars in respect of each
steam boiler in use:—
(a) the type, description and
distinctive number;
(b) the country and year of
manufacture;
(c) the date of the last thorough
examination and the name of the
person by whom the examination was
made;
(d) the maximum permissible
working pressure in pounds per
square inch.
Section 59—Institutions.
Where, in any premises forming
part of an institution carried on
for charitable or reformatory
purposes, any manual labour is
exercised in or incidental to the
making, altering, repairing,
ornamenting, finishing, filling,
packing, printing, bookbinding,
cleaning, washing or adapting for
sale of articles not intended for
the use of the institution, but
the premises do not constitute a
factory, the provisions of this
Act other than sections 1 to 5
shall nevertheless apply to the
premises as if they were a
factory.
PART 9—OFFENCES AND LEGAL
PROCEEDINGS
Section 60—Liability for
Contravention.
(1) Except where otherwise
expressly provided, the occupier
shall be responsible for the
observance of the requirements of
this Act and of any regulation
made thereunder.
(2) Any occupier or owner who
contravenes or fails to comply
with any requirement of this Act
or any regulation made thereunder
for which he is made responsible
by this Act or any such regulation
shall, subject as hereinafter
provided, be guilty of an offence.
(3) Any person who contravenes any
regulation made under this Act
which expressly imposes a duty on
him shall be guilty of an offence
and the occupier or owner, as the
case may be, shall not be guilty
of an offence by reason only of
that contravention unless it is
proved that he failed to take all
reasonable steps to prevent it.
(4) If an occupier avails himself
of any special exemption allowed
by or under this Act and fails to
comply with any of the conditions
attached to the exemption, he
shall be deemed to have
contravened this Act.
(5) Where an offence under this
Act committed by a corporate body
is proved to have been committed
with the consent or connivance of,
or to have been facilitated by any
neglect on the part of, any
officer of that corporate body,
he, as well as that corporate
body, shall be deemed to be guilty
of the offence and shall be liable
to be proceeded against and
punished accordingly.
Section 61—Liability of Actual
Offender.
(1) Where an act or default for
which an occupier or owner is
liable under this Act is in fact
the act or default of some agent,
servant, worker or other person,
that agent, servant, worker or
other person shall be guilty of an
offence and liable to the same
punishment as if he were the
occupier or owner, as the case may
be.
(2) Where an occupier or owner is
charged with an offence under this
Act, it shall be a defence for him
to prove to the satisfaction of
the court—
(a) that he used all due diligence
to enforce the execution of this
Act and of any relevant regulation
made thereunder; and
(b) that another person has
committed the offence in question
without his consent, connivance or
wilful default.
(3) Where an occupier or owner is
acquitted in pursuance of
subsection (2), the court may
direct that proceedings be taken
against the person who appears to
be the actual offender.
(4) When it is made to appear to
the satisfaction of an Inspector
at the time of discovering an
offence—
(a) that the occupier or owner, as
the case may be, has used all due
diligence to enforce the execution
of this Act and of any relevant
regulation made thereunder; and
(b) by what person the offence has
been committed; and
(c) that it has been committed
without the consent, connivance or
wilful default of the occupier or
owner and in contravention of his
orders,
the Inspector shall proceed
against the person whom he
believes to be the actual offender
without first proceeding against
the occupier or owner.
Section 62—Liability of Owner of
Machine.
Where in any factory, office or
shop the owner or hirer of a
machine or implement moved by
mechanical power is some person
other than the occupier of the
premises, the owner or hirer
shall, so far as respects any
offence under this Act committed
in relation to a person who is
employed in or about or in
connection with that machine or
implement and is in the employment
or pay of the owner or hirer, be
deemed to be the occupier of the
factory.
Section 63—General Penalty.
Subject as hereinafter provided,
any person guilty of an offence
for which no express punishment is
provided by this Act or
regulations made thereunder shall
be liable on conviction to a fine
not exceeding one hundred thousand
cedis or to imprisonment not
exceeding six months, or to both.
[As amended by the Factories,
Offices and Shops (Amendment) Law,
1991 (PNDCL 275), s.1(f)].
Section 64—Offences continued
after Conviction.
Where an offence of which a person
has been convicted is continued
after the conviction, that person
shall, subject to section 65, be
guilty of a further offence and
liable on conviction to a fine not
exceeding five thousand cedis or
to imprisonment not exceeding
seven days, or to both, for each
day on which the offence was so
continued. [As amended by the
Factories, Offices and Shops
(Amendment) Law, 1991 (PNDCL 275),
s.1(g)].
Section 65—Court Order to Remedy
Contravention.
(1) Where an occupier or owner is
convicted of an offence under this
Act, the court may, in addition to
or instead of imposing any
punishment, order him within a
specified time to take such steps
as may be specified in the order
to remedy the contravention, and
may on application enlarge the
time so specified.
(2) Where such an order is made,
the occupier or owner shall not be
liable for the continued
contravention during the time
allowed by the court, but if,
after the expiration of that time
as originally specified or
subsequently enlarged, the order
is not complied with, the occupier
or owner, as the case may be,
shall be liable to a fine not
exceeding ten thousand cedis for
each day on which the
non-compliance continues. [As
amended by Factories, Offices and
Shops (Amendment) Law, 1991 (PNDCL
275), s.1(h)].
Section 66—Penalty for Death or
Injury.
(1) If any person is killed or
dies or suffers bodily injury in
consequence of an occupier or
owner having contravened any
provision of this Act or any
regulation made thereunder, the
occupier or owner shall be guilty
of an offence and liable on
conviction to a fine not exceeding
two hundred thousand cedis or to
imprisonment not exceeding six
months, or to both. [As amended by
the Factories, Offices and Shops
(Amendment) Law, 1991 (PNDCL 275),
s.1(i)].
(2) In the case of bodily injury,
the occupier or owner shall not be
liable under this section unless
the injury was caused directly by
the contravention.
(3) The occupier or owner shall
not be liable under this section
if a charge against him under this
Act in respect of the act or
default by which the death or
injury was caused has been heard
and dismissed before the death or
injury occurred.
Section 67—Forgery, Uttering and
Personation.
Any person who—
(a) forges or counterfeits any
certificate required by or for the
purposes of this Act or any
regulation made thereunder; or
(b) gives or signs any such
certificate knowing it to be false
in any material particular; or
(c) knowingly utters or makes use
of any such certificate so forged,
counterfeited or false as
aforesaid; or
(d) knowingly utters or makes use
of, as applying to any person, any
such certificate which does not so
apply; or
(e) personates any person named in
any such certificate; or
(f) falsely pretends to be an
Inspector; or
(g) wilfully connives at any such
forging, counterfeiting, giving,
signing, uttering, making use,
personating or pretending as
aforesaid; or
(h) wilfully makes a false entry
in any register, notice,
certificate or document required
by or for the purposes of this Act
or any regulation made thereunder
to be kept or served or sent; or
(i)
wilfully makes or signs a false
declaration required by or for the
purposes of this Act or any
regulation made thereunder; or
(j) knowingly makes use of any
such false entry or declaration as
aforesaid;
shall be guilty of an offence and
liable on conviction to a fine not
exceeding two hundred thousand
cedis or to imprisonment not
exceeding six months, or to both.
[As amended by the Factories,
Offices and Shops (Amendment) Law,
1991 (PNDCL 275), s.1(j)].
Section 68—Prosecution of
Offences.
(1) All offences under this Act
shall be prosecuted in a District
Court.
(2) In any proceedings under this
Act it shall be sufficient in the
charge or information to allege
that the factory, office or shop
is a factory, office or shop
within the meaning of this Act
and to state the name of the
ostensible occupier of the
factory, office or shop or, where
the occupier is a firm, the title
of the firm; and the burden of
proving that the premises are not
a factory, office or shop, or that
the occupier specified in the
charge or information is not the
occupier of the factory, office or
shop, shall lie upon the person
alleging such fact.
(3) Where any offence is committed
under this Act by reason of a
failure to make an examination,
enter a report or do any other
thing, at or within a time
specified by this Act or any
regulation made thereunder, the
offence shall be deemed to
continue until the examination is
made or the report entered or the
other thing done, as the case may
be.
Section 69—Special Provisions as
to Evidence.
(1) If a person is found in a
factory at any time at which work
is going on or the machinery is in
motion, except during the
intervals for meals or rest, he
shall, until the contrary is
proved, be deemed for the purposes
of this Act to have been then
employed in the factory:
Provided that this subsection
shall not apply to a factory in
which the only persons employed
are members of the same family
living there.
(2) Where any entry is required by
this Act or by any regulation made
thereunder to be made in the
general register or in any other
register or record, the entry made
by the occupier of a factory or on
his behalf shall, as against him,
be admissible as evidence of the
facts stated therein, and the fact
that any entry so required with
respect to the observance of any
provision of this Act or of any
regulation made thereunder has not
been made, shall be admissible as
evidence that that provision has
not been observed.
Section 70—Service of Documents,
Etc.
(1) Any document, including any
summons or order, required or
authorised to be served under this
Act may be served—
(a) on any person by delivering it
to him, or by leaving it at, or
sending it by post to, his
residence or place of business;
(b) on any firm by delivering it
to any partner of the firm or by
leaving it at, or sending it by
post to, the office of the firm;
(c) on the owner or occupier of a
factory, office or shop in any
such manner as aforesaid, or by
delivering it, or a true copy
thereof, to any responsible person
over the apparent age of eighteen
years at the factory, office or
shop.
(2) Any such document may be
addressed, for the purpose or
service on an occupier, to "the
occupier", at the proper postal
address of the premises, without
further name or description.
(3) This section shall apply, with
the necessary modifications, to
documents required or authorised
under this Act to be sent to any
person, firm, owner or occupier,
and to the sending, addressing and
delivery of such documents.
Section 71—Power to Modify
Agreement.
(1) If by reason of an agreement
between the owner and the occupier
of premises the whole or any part
of which has been let as a factory
the said owner or occupier is
prevented from carrying out any
structural or other alterations in
the premises which are necessary
to enable him to comply with this
Act or any regulation made
thereunder, or in order to conform
with any standard or requirement
imposed by or under this Act, he
may apply to the High Court for
the terms of the agreement to be
set aside or modified
2) The court, after hearing the
parties and any witnesses whom it
may wish to call, may make an
order setting aside or modifying
the terms of the agreement as it
considers just and equitable in
the circumstances.
Section 72—Power to Apportion
Expenses.
(1) Where in any premises, the
whole or any part of which has
been let as a factory, any
structural or other alterations
are required in order to comply
with the provisions of this Act or
of any regulation made thereunder,
or in order to conform with any
standard or requirement imposed by
or under this Act, and the owner
or occupier, as the case may be,
alleges that the whole or part of
the expenses of the alterations
ought to be borne by the occupier
or owner, the owner or occupier
may apply to the High Court for
the expenses of the alterations to
be apportioned between them.
(2) The court, after hearing the
parties and any witnesses whom it
may wish to call, may make an
order concerning the expenses or
their apportionment as it
considers just and equitable in
the circumstances, regard being
had to the terms of any contract
between the parties, or, in the
alternative, the court may, at the
request of the owner or occupier,
determine the lease.
Section 73—Inspector may Conduct
Court Proceedings.
(1) An Inspector may, although he
is not an advocate, prosecute,
conduct or defend before a court
any charge, information, complaint
or other proceedings arising under
this Act, or in the discharge of
his duty as an Inspector.
(2) It shall not be an objection
to the competency of an Inspector
to give evidence as a witness in
any prosecution for an offence
against this Act that the
prosecution is brought at his
instance.
(3) Notwithstanding anything to
the contrary in this Act, a
prosecuting Inspector shall not be
competent to give evidence in a
case which he is prosecuting.
PART 10—ADMINISTRATION
Section 74—Appointment of
Inspectors.
(1) The Minister may appoint a
Chief Inspector and such other
Inspectors and officers as he
thinks necessary to carry out the
provisions of this Act.
(2) Notice of the appointment of
every Inspector shall be published
in the Gazette.
(3) Every Inspector shall be given
a certificate of his appointment
issued by the Minister, and when
visiting any premises to which
this Act applies shall, if so
required, produce the certificate
to the occupier or other person
holding a responsible position of
management at the premises.
(4) A person who is the occupier
of a factory, or is directly
interested therein or in any
process or business carried on
therein or in a patent connected
therewith, or is employed in or
about a factory, shall not act as
an Inspector.
(5) No Inspector, except insofar
as is necessary for the
prosecution of an offence under
this Act, shall publish or
disclose to any person the details
of any manufacturing or commercial
or working process which may come
to his knowledge in the course of
his duties.
(6) A person who contravenes
subsection (4) or (5) shall be
guilty of an offence.
Section 75—Powers of Inspectors.
(1) An Inspector shall, for the
implementation of this Act, have
power—
(a) to enter, inspect and examine,
by day or by night, a factory and
every part thereof, when he has
reasonable cause to believe that
any person is employed therein,
and to enter, inspect and examine
by day any place which he has
reasonable cause to believe, to be
a factory, office or shop, and any
part of any building of which a
factory, office or shop forms part
and in which he has reasonable
cause to believe that explosive or
highly inflammable materials are
stored or used;
(b) to take with him a police
officer if he has reasonable cause
to expect obstruction in the
execution of his duty;
(c) to require the production of
the registers, certificates,
notices and documents kept in
pursuance of this Act and to
inspect, examine and copy any of
them;
(d) to make or cause to be made
such examination and inquiry as
may be necessary to ascertain
whether the provisions of this Act
and of the enactments in force
relating to public health are
complied with so far as respects a
factory, office or shop and any
persons employed therein;
(e) to require any person who he
finds in a factory, office or shop
to give such information as it is
in his power to give as to who is
the occupier of the factory,
office or shop;
(f) to examine or cause to be
examined any person, either alone
or in the presence of any other
person, as he thinks fit, with
respect to matters under this Act;
(g) in the case of an Inspector
who is a registered medical
practitioner, to carry out such
medical examinations as may be
necessary for the purposes of his
duties under this Act; and
(h) to exercise such other powers
as may be necessary for carrying
this Act into effect.
(2) The occupier of every factory,
office or shop, his agents and
servants, shall provide the means
required by an Inspector as
necessary for an entry,
inspection, examination, inquiry,
the taking of samples, or
otherwise for the exercise of his
powers under this Act in relation
to that factory, office or shop.
Section 76—Obstruction of
Inspector.
(1) Any person who obstructs an
Inspector in the execution of his
powers or duties under this Act
shall be guilty of an offence and
liable on conviction to a fine not
exceeding one hundred thousand
cedis, or to imprisonment not
exceeding one month, or to both;
and where an Inspector is so
obstructed in a factory or shop,
the occupier of that factory or
shop shall be guilty of an
offence. [As amended by the
Factories, Offices and Shops
(Amendment) Law, 1991 (PNDCL 275),
s.1(k)].
(2) Any person who—
(a) wilfully delays an Inspector
in the exercise of his powers; or
(b) fails to comply with the
requisition of an Inspector in
pursuance of section 75; or
(c) fails to produce any document
which he is required by or in
pursuance of this Act to produce;
or
(d) wilfully withholds any
information as to who is the
occupier of any factory, office or
shop; or
(e) conceals or prevents a person
from appearing before or being
examined by an Inspector,
shall be deemed to obstruct an
Inspector in the execution of his
duties under this Act.
Section 77—Power to take Samples.
(1) An Inspector may at any time
after informing the occupier, or
if the occupier is not readily
available, a foreman or other
responsible person in a factory,
office or shop, take for analysis
sufficient samples of any
substance used or intended to be
used in a factory, office or shop
being a substance in respect of
which he suspects a contravention
of any regulation made under this
Act, or which he thinks may prove
on analysis to be likely to cause
bodily injury to the persons
employed.
(2) The occupier, foreman or other
responsible person aforesaid may,
at the time when a sample is taken
under this section, and on
providing the necessary
appliances, require the Inspector
to divide the sample into three
parts, to mark and seal or fasten
up each part in such a manner as
its nature permits, and—
(a) to deliver one part to the
occupier, foreman or other
responsible person aforesaid;
(b) to retain one part for future
comparison; and
(c) to submit one part to the
analyst,
and any analysis under this
section shall, if so required, be
carried out by the Government
Chemist.
(3) A certificate purporting to be
a certificate by the Government
Chemist as to the result of an
analysis of a sample under this
section shall in any proceedings
under this Act be admissible as
evidence of the matters stated
therein, but either party may
require the person by whom the
analysis was made to be called as
a witness
(4) Any person who, except insofar
as is necessary for the
prosecution of an offence under
this Act, publishes or discloses
to any person the results of an
analysis made under this section
shall be guilty of an offence and
liable on conviction to a fine not
exceeding two hundred thousand
cedis or to imprisonment not
exceeding twelve months, or to
both. [As amended by the
Factories, Offices and Shops
(Amendment) Law, 1991 (PNDCL 275),
s.1(l)].
PART 11—GENERAL
Section 78—Duties of Persons
Employed.
(1) No person employed in any
premises to which any provision of
this Act applies shall wilfully
interfere with or misuse any
means, appliance, convenience or
other thing provided in pursuance
of this Act for securing the
health, safety or welfare of the
persons therein.
(2) No person employed in any
premises to which any provision of
this Act applies shall wilfully
and without reasonable cause do
anything likely to endanger
himself or any other person.
(3) Where any means or appliance
for securing health or safety is
provided for the use of any person
under this Act, he shall use that
means or appliance.
(4) Any employed person who
contravenes any provision of this
section shall be guilty of an
offence and liable on conviction
to a fine not exceeding fifty
thousand cedis or to imprisonment
not exceeding three months, or to
both. [As amended by the
Factories, Offices and Shops
(Amendment) Law, 1991 (PNDCL 275),
s.1(m)].
Section 79—Notices and
Certificates.
(1) Any notice or certificate
issued by the Chief Inspector
under this Act may be issued for a
limited time or without limit of
time and may be varied or revoked
by the Chief Inspector
(2) This section shall not apply
in respect of a Certificate of
Registration of a factory.
Section 80—Deductions from Wages
Prohibited.
The occupier of a factory, office
or shop shall not, in respect of
anything to be done or provided by
him in pursuance of this Act, make
any deduction from the sum
contracted to be paid by him to
any person employed, or receive,
or allow any person in his
employment to receive, any payment
from any such person.
Section 81—Exemption.
The Minister may by legislative
instrument exempt from the
application of all or any of the
requirements of this Act any
premises or class or part of
premises being a factory, office
or shop, where in his opinion it
would by reason of special
circumstances be unreasonable to
require compliance with such
requirements.
Section 82—Application.
(1) The provisions of this Act
shall, except where otherwise
expressly provided, apply to all
factories, offices and shops as
defined by this Act.
(2) This Act shall apply to
factories, offices and shops
belonging to or in the occupation
of the Government.
Section 83—Definition of Factory.
(1) In this Act, "factory" means
any premises in which, or within
the close or curtilage of which,
any person is employed in manual
labour in any process for or
incidental to any one or more of
the following types of work which
are carried on by way of trade or
for purposes of gain, and to or
over which premises the employer
of the persons employed therein
has the right of access or control
namely,—
(a) the making of any article or
part of any article;
(b) the altering, repairing,
ornamenting, finishing, filling,
packing, printing, bookbinding,
cleaning, washing, breaking up or
demolition of any article;
(c) the adapting for storage or
sale of any article;
(d) the slaughtering of cattle,
sheep, swine, goats, hens, guinea
fowl and turkeys.
(2) In this Act, "factory" also
means—
(a) any yard or dry dock
(including the precincts thereof)
in which ships or vessels are
constructed, reconstructed,
repaired, refitted, finished or
broken up;
(b) any premises in which the
construction, reconstruction or
repair of locomotives, vehicles or
plant for use for transport
purposes is carried on as
ancillary to a transport
undertaking, or other industrial
or commercial undertaking, not
being premises used to house
locomotives or vehicles where only
cleaning, washing, running repairs
or minor adjustments are carried
out;
(c) any premises in which
mechanical power is used in
connection with the making, repair
or storage of any article
incidentally to any business
carried on by way of trade or for
purposes of gain and in which any
person is employed in manual
labour;
(d) any premises in which articles
are made or prepared incidentally
to the carrying on of building
operations or works of engineering
construction and in which any
person is employed in manual
labour, not being premises in
which such operations or works are
being carried on;
(e) any premises in which any
person is regularly employed in
manual labour in or in connection
with the generating of electrical
energy for supply by way of trade,
or for supply for the purposes of
any industrial or commercial
undertaking or of any public
building or public institution, or
for supply to streets or other
public places;
(f) any premises in which
mechanical power is used for or in
connection with a water supply,
being premises in which any person
is regularly employed in manual
labour;
(g) any premises in which the
business of sorting any articles
is carried on as preliminary to
the work carried on in any factory
or incidentally to the purposes of
any factory, and in which any
person is employed in manual
labour;
(h) any laundry carried on as
ancillary to another business, or
incidentally to the purposes of
any public institution.
(3) Any line or siding (not being
part of a railway) which is used
in connection with any of the
purposes of a factory, shall be
deemed to be the part of the
factory; and if any such line or
siding is used in connection with
more than one factory belonging to
separate occupiers, it shall be
deemed to be a separate factory,
and the provisions of this Act
shall apply as if such different
occupiers were jointly the
occupiers of the line or siding so
deemed to be a factory.
(4) A part of a factory may, with
the approval in writing of the
Chief Inspector, be taken to be a
separate factory, and two or more
factories may, with the like
approval, be taken to be a single
factory.
(5) Any workplace in which, with
the permission of or under
agreement with the owner or
occupier, two or more persons
carry on any work which would
constitute the workplace a factory
if the persons therein were in the
employment of the owner or
occupier, shall be deemed to be a
factory for the purposes of this
Act, and, in the case of any such
workplace, the provisions of this
Act shall apply as if the owner or
occupier of the workplace were the
occupier of the factory and the
persons working therein were
persons employed in the factory.
(6) Where a place situated within
the close, curtilage or precincts
forming a factory is solely used
for some process other than a
process for and incidental to the
main purposes of the factory, that
place shall not be deemed to form
part of the factory for the
purposes of this Act, but shall,
if otherwise it would be a
factory, be deemed to be a
separate factory.
(7) Premises shall not be excluded
from the definition of a factory
by reason only that they are open
air premises.
(8) Premises belonging to or in
the occupation of the Government
or any local authority or
corporation constituted under any
enactment shall not be excluded
from the definition of a factory
by reason only that the work
carried on there is not carried
on by way of trade or for
purposes of gain.
(9) Where the Minister by
executive instrument so directs as
respects all or any purposes of
this Act, and subject to such
conditions as he may think fit to
require, different branches or
departments of work carried on in
the same factory shall be deemed
to be different factories.
(10) Notwithstanding the foregoing
provisions of this section, the
definition of a factory shall not
apply—
(a) to any building operations
undertaken below ground in a mine;
(b) to any works of engineering
construction undertaken at a mine,
whether above or below ground, or
at a quarry;
(c) to premises in or adjacent to
and belonging to a mine, being
premises in which the only
activity carried on is ancillary
to the getting, dressing or
preparation for sale of minerals.
Section 84—Definition of an Office.
(1) In this Act "office" means any
room of a building of which the
substantial use is for clerical
work including book-keeping,
filing, typing, duplicating,
machine calculating, drawing, the
editorial preparation of matter
for publication in print, the
sorting and carrying of papers,
telephone operating, and the
handling of money, except any
rooms in premises of which the
substantial use is private
residence or for private domestic
purposes.
(2) In this Act, "office" also
includes establishments,
institutions and administrative
services in which the workers are
mainly engaged in office work.
Section 85—Definition of a Shop.
In this Act, "shop" means—
(a) a shop;
(b) a building or part of a
building of which the substantial
use is the carrying on there of
retail trade or business
(including the sale to members of
the public of food or drink for
immediate consumption, retail
sales by auction and the business
of lending books or periodicals
for purposes of gain);
(c) a building or part of a
building occupied by a wholesale
dealer or merchant where goods are
kept for wholesale distribution or
sale;
(d) a building or part of a
building to which members of the
public are invited to resort for
the purpose of delivering goods
for repair, renovation, cleaning
or other treatment, or of
themselves there carrying out
repairs, renovation, cleaning or
other treatment of goods.
Section 86—Interpretation.
(1) In this Act, unless the
context otherwise requires—
"article" includes any solid,
liquid or gas, or any combination
thereof;
"bodily injury" includes injury to
health;
"building operation" means the
construction, structural
alteration, repair or maintenance
of a building (including
re-pointing, re-decoration and
external cleaning of the
structure), the demolition of a
building, and the preparation for,
and laying the foundation of, an
intended building, but does not
include any operation which is a
work of engineering construction
within the meaning of this Act;
"class" of factories, offices or
shops includes a group of
factories, offices or shops
described by reference to
locality;
"driving-belt" includes any
driving strap or rope;
"fumes" include gas or vapour;
"lifting machine" means a crane,
crab, winch, teagle, pulley,
block, gin wheel, transporter or
runway;
"lifting tackle" means chain
slings, ropeslings, rings, hooks,
shackles and swivels;
"local authority" means a council
established under any enactment
for the time being in force
relating to local government;
"machinery" means every
mechanical contrivance whether
operated by hand or by automatic
power, and includes driving belts,
flywheels, prime movers,
transmission machinery, water
wheels, water turbines, electric
generators motor or rotary
converters, and shaftings;
"maintained" means maintained in
an efficient state, in efficient
working order, and in good repair;
"mine" includes any place,
excavation, or working whereon,
wherein, or whereby any operation
in connection with mining is
carried on;
"Minister" means the Minister
responsible for Labour;
"occupier" means the person who
runs the factory, office, shop or
other premises in question, and
who regulates and controls the
work that is done there;
"offence" means an offence under
this Act;
"owner" means the person for the
time being receiving the rents or
profits of the premises in
connection with which the word is
used, whether on his own account
or as agent or trustee for any
other person, or who would so
receive the same if the premises
were leased;
"prescribed" means prescribed by
the Minister under section 8(2);
"prime mover" means every engine,
motor or other appliance which
provides mechanical energy derived
from steam water, wind,
electricity, the combustion of
fuel or other source;
"process" includes the use of any
locomotive;
"railway" means any railway used
for the purposes of public
traffic, whether passenger, goods
or other traffic, and includes any
works used in connection with and
for the purposes of the railway;
"sanitary convenience" includes
urinals, waterclosets, earth
closets, privies, ashpits, and any
similar conveniences;
"steam boiler" means any closed
vessel in which for any purposes
steam is generated under pressure
greater than atmospheric pressure,
and includes any economiser used
to heat water being fed to any
such vessel, and any superheater
used for heating steam;
"transmission machinery" means
every shaft, wheel, drum, pulley,
system of fast and loose pulleys,
coupling, clutch, driving-belt or
other device by which the motion
of a prime mover is transmitted to
or received by any machine or
appliance;
"work of engineering construction"
means the construction of any
road, airfield, sea defence works
or river works, railway line or
siding, and the construction,
structural alteration or repair
(including re-pointing and
re-painting) or the demolition of
any dock, habour, inland,
navigation, tunnel, bridge,
viaduct, waterworks, reservoir,
pipeline, aqueduct, sewer, sewage
works, or gas holder, and shall
include such other works as may be
prescribed;
"young person" means a person
under the age of eighteen years.
(2) For the purposes of this Act
and regulations made thereunder,
machinery or plant shall be deemed
to have been constructed or
reconstructed before the
commencement of this Act or
regulations made thereunder, and a
factory or building shall be
deemed to have been constructed,
reconstructed, extended, added to
or converted for use as a factory
before the commencement of this
Act or regulations made thereunder,
if the construction,
reconstruction, extension,
addition or conversion was begun
before the commencement of this
Act or regulations made thereunder.
(3) For the purposes of this Act a
factory shall not be deemed to be
a factory in which mechanical
power is used by reason only that
mechanical power is used for the
purpose of heating, ventilating or
lighting the workrooms or other
parts of the factory.
(4) For the purposes of this Act
an apprentice shall be deemed to
be a person employed.
Section 87—Repeal and Savings.
(1) The Factories Ordinance, 1952
(No. 33) is hereby repealed.
(2) Notwithstanding the repeal of
the Factories Ordinance, the
following statutory instruments
shall continue in force as if made
under the corresponding provisions
of this Act, until revoked,
altered or otherwise modified:—
The Factories (Woodworking)
Regulations, 1959 (L.N. 301).
The Food Factories (Welfare)
Regulations, 1959 (L.N. 302).
The Food Factories (Welfare)
Regulations, 1959 (Abstract of
Regulations) Order, 1960 (L.I.
33).
The Factories (Woodworking)
Regulations, 1959 (Abstract of
Regulations) Order, 1960 (L.I.
34).
The Factories (Docks Safety)
Regulations, 1960 (L.I. 86).
Section 88—Commencement.
This Act shall come into force on
the 1st day of April, 1970.
Section 88A — Commencement
This law shall be deemed to have
come into force on the 21st April,
1983. [Inserted and to be cited as
Factories, Offices and Shops
(Amendment) Law, 1983 (PNDCL 66),
s. 2]
SCHEDULE
FIRST SCHEDULE
(Sections 2 and 3)
NOTICE OF OCCUPATION OF A FACTORY
(Particulars to be submitted by
the occupier or intending occupier
of a factory).
1. Name of Occupier or
intending Occupier of the factory
..............................................................................................................................................
..............................................................................................................................................
2. Postal address of the
factory
...........................................................................................
..............................................................................................................................................
3. Location of the factory
....................................................................................................
(state exact location, district
and region)
..............................................................................................................................................
4. (a) Structure/type of
factory building
..............................................................................
..............................................................................................................................................
............................................................
Roof made of
..........................................................
.............................................................................................................................................
(state whether lined or sealed and
the material(s) used.)
(b) Number of floors on which
factory operations are intended to
be carried out
.............................
.............................................................................................................................................................
5. Nature of work or
manufacturing process carried on
or intended to be carried on in
the factory
.......................
...................................................................................................................................................................
6. Full description of
mechanical power used or intended
to be used in the factory
..................................................................................................................................................................
7. (a) Number of persons
employed or intended to be
employed in the factory:
Male............................................................
Female
................................................................................
(b) Where persons are employed
or intended to be employed in
shifts, the maximum number
employed or intended to be
employed at any one time:
Male.........................................................
Female
................................................................................
8. (a) Particulars of steam
boiler(s) in use or intended to be
used in factory (if applicable):
(Where more than one steam boiler
is used in the same factory,
particulars of each boiler must be
given.)
(i)
Type, description and distinctive
number.........................................................................................
....................................................................................................................................
(ii) Year and place of manufacture..........................................................................................................
....................................................................................................................................
(iii) Date of last thorough
examination
..................................................................................................
....................................................................................................................................
(iv) Maximum permissible working
pressure
.......................................................................................
....................................................................................................................................
(b) Particulars of unfired
pressure vessel(s) in use or
intended to be used in the factory
(if applicable):
(Particulars of each unfired
pressure vessel must be given
where more than one is used in the
same factory.)
(i)
Type, description and distinctive
number
.......................................................................................
....................................................................................................................................
(ii) Year and place of manufacture
........................................................................................................
....................................................................................................................................
(iii) Date of last thorough
examination...................................................................................................
....................................................................................................................................
(iv) Maximum permissible working
pressure
.......................................................................................
....................................................................................................................................
(c) Particulars of hoists,
lifts, cranes and other lifting
machines in use or intended to be
used in the factory (if
applicable):
(i)
Type of machine and identification
number or description
............................................................
....................................................................................................................................
(ii) Date of installation
........................................................................................................................
(iii) Date of last thorough
examination................................................................................................
(iv) Maximum safe working load
........................................................................................................
....................................................................................................................................
9. Fire Precautions
(a) Means of escape in case of
fire provided: (e.g. number and
type of doors, stairs, etc.)
........................................................................................................................................................................................................................................................................
(b) Fire-fighting equipment
provided: (e.g. extinguishers,
etc.)
.........................................................
................................................................................................................................................(state
type and number)
(c) Type of fire alarm provided
.........................................................................................................
....................................................................................................................................
10. Welfare Facilities
(i)
Number of sanitary conveniences
provided:
Female
.....................................................
Male
.............................................................
(ii) State whether urinal
accommodation has been provided in
addition to the sanitary
conveniences..................................................................................................................................................................................................................................................
(iii) Facilities provided for
employees' clothing not worn
during working hours
............................
....................................................................................................................................
(iv) Type and number of washing
facilities provided in the factory
for each sex: (e.g. wash basins,
showers, etc.)
.............................................................................................................................
....................................................................................................................................
(v) Has a messroom or canteen been
provided for the use of persons
employed in the factory?
.................................
....................................................................................................................................
11. First Aid
(i)
Type of first aid facilities
provided in the factory: (e.g.)
clinic, ambulance room, first aid
boxes,
etc.)
....................................................................................................................................
....................................................................................................................................
(ii) Minimum contents of first aid
box
.............................................................................................
....................................................................................................................................
(iii) Name and address of the
nearest Medical
Officer/Hospital/Clinic in the
area
.........................................................
....................................................................................................................................
12. Date of occupation or intended
occupation of the
factory.........................................................
13. Particulars of all
Directors/Partners
................................................................................................................................................
................................................................................................................................................
(Name and address of each
director/partner to be stated)
............................................................
(Signature of Applicant)
Date of Application
..............................................
19 ......................
Full names of Applicant (BLOCK
CAPITALS)
.................................................................
SECOND SCHEDULE
(Section 4)
PRESCRIBED PARTICULARS TO
ACCOMPANY BUILDING PLANS
Two copies of the building plans
indicating the layout of each
floor, materials of construction,
type, height and linings of wall,
roofs and partitions, specific
working areas (e.g. carpentry
shop, machine shop store, etc.)
windows, wall and roof openings
for natural ventilation; lighting,
etc. and type of doors (with
approximate dimensions) affording
means of escape ( e.g. sliding
doors must be submitted with the
following particulars:—
1. Plans submitted by
..............................................................................................................
..............................................................................................................................................
............................................................................Tel.
No.......................................................
(Name and address of person or
company submitting the plans)
On behalf of:
...........................................................................................................................
..............................................................................................................................................
.............................................................................................................................................
...............................................................................
Tel. No.
................................................
(Name and address of occupier or
intending occupier of the factory
or proposed factory)
2. Factory situated (or to be
situated) at
....................................................................................
(exact location, district and
region)
3. Structure/type of proposed
factory building
..............................................................................................................................................
4. Roof of building to be made
of
..............................................................................................................................................
(state whether lined or sealed and
materials used)
5. Number of floors on which
factory operations are to be
carried out
..........................................
6. Nature or work or
manufacturing process intended to
be carried on in the factory
.....................
7. Nature and approximate
quantity of any explosive or
highly inflammable materials
intended to be used or stored in
or underneath the proposed
building
.............................................................
8. Personnel to be provided for:—
Male
Female
(a)
Number of persons intended to be
employed in administrative work in
the building .. ..
.. .. .. ..
.. .. ..
(b)
Maximum number of persons intended
to be employed per shift in the
factory .. ..
.. .. .. ..
.. .. ..
..
Total .. .. ..
.. ..
_________ _________
_________ __________
9. Details of amenities to be
provided in the building for the
use of persons employed:—
Male
Female
Water closets:
Office
*
With/without
urinals
Factory
Wash points:
Office
Factory
Showers:
Office
Factory
Cloak room:
Office
(dimensions required)
Factory
*With/without lockers
Canteen/messroom (dimensions
required)
........................................................
Signature of person submitting
plans
Date:
.......................................................
*Delete whichever is inapplicable.
Note: "Highly inflammable" should
be interpreted for the purpose of
this form as including any
material which may greatly
increase the speed at which a fire
will spread in a building and
hence affect the means of escape
from that building.
THIRD SCHEDULE
(Section 9)
PARTICULARS OF OFFICES AND SHOPS
1. Occupier of premises:
(a) Name of the employer
....................................................................................................................................
....................................................................................................................................
(b) Trading/business name
....................................................................................................................................
....................................................................................................................................
(c) Postal address and location
of premises
...............................................................................................................................
....................................................................................................................................
(d) Telephone No...............................................................................................................................
2. Nature of business/trade
.................................................................................................................................................................................................................................................................................................................................................
3. Number of persons employed
or intended to be employed in the
office or shop premises at the
above address in the following
types of work place (where
applicable).
Male Female
(a)
Office
(b) Shop
(retail)
(c) Wholesale department or
warehouse
(d) Catering establishment open
to
public
(e) Staff
canteen
(f) Fuel storage
depot
Total
4. How many of the total are
(or will be) employed on floors
other than ground floor?
....................................................................................
5. Of the total stated in reply
to question 3 are any (or will any
be), housed in separate building?
(Yes/No)
.......................................................
6. Is the employer the owner of
the building(s) or part of the
building(s) containing the
premises? (Yes/No)
.....................................................
................................................................................................................................................
7. If not, state the name and
address of the owner(s) or
person(s) to whom rent is paid
.....................................................................................
................................................................................................................................................
...................................................................................................................................................
8. Welfare Facilities:
No. of sanitary conveniences
provided:
Male
...............................................................
Female
Details of amenities provided:
(a) Washing facilities: (Yes/No)
..................................................................................................
(b) Supply of drinking water:
(Yes/No)
.....................................................................................
(c) Accommodation for clothing:
Yes/No)
..................................................................................
(d) Canteen/Messroom: (Yes/No)
..............................................................................................
(e) First Aid Box/Ambulance Room:
(Yes/No)
............................................................................
9. Fire Precautions:
Means of escape in case of fire
provided (e.g. Number and type of
doors, etc.
....................................................................................................................................
....................................................................................................................................
....................................................................................................................................
Fire fighting equipment (e.g. type
of fire extinguishers) provided
....................................................................................................................................
....................................................................................................................................
....................................................................................................................................Whether
Fire Alarm has been installed:
(Yes/No)
........................................................................
Date
................................................
…………………………………………………………..
Signature of employer or person
authorised to sign on his behalf
FOURTH SCHEDULE
(Section 25)
PROCESSES REQUIRING PROVISION OF
SUITABLE GOGGLES OR EFFECTIVE
SCREENS
1. Dry grinding of metals, or
articles of metal, applied by hand
to a revolving wheel or disc
driven by mechanical power.
2. Turning (external or internal)
of non-ferrous metals, or of cast
iron, or of articles of such
metals or such iron, where the
work is done dry, other than
precision turning where the use of
goggles or a screen would
seriously interfere with the work,
or turning by means of hand tools.
3. Welding or cutting of metals by
means of an electrical,
oxyacetylene or similar process.
4. The following processes when
carried on by means of hand tools
or other portable tools:—
(a) fettling of metal castings
involving the removal of metal;
(b) cutting out or cutting off
(not including drilling or
punching back) of cold rivets or
bolts from boilers or other plant
or from ships;
(c) chipping and scaling of ships'
plates;
(d) breaking or dressing of stone,
concrete or slag.
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