Factories Act 1961
Encyclopedia
The Factories Act 1961 is an Act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

 of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...

. At the time of its passage, the Act consolidated much legislation on workplace health, safety and welfare
Occupational safety and health
Occupational safety and health is a cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment. The goal of all occupational safety and health programs is to foster a safe work environment...

 in Great Britain. Though some of it remains in force, it has largely been superseded by the Health and Safety at Work etc. Act 1974 and regulations made under it
Health and safety regulations in the United Kingdom
In the United Kingdom there are many regulations relevant to health, safety and welfare at work. Many of these give effect to European Union directives.-Regulations made under the Health and Safety at Work etc. Act 1974:...

.

However, the Act continues to have a legal importance as cases of chronic workplace exposure to hazards such as industrial noise
Industrial noise
Industrial noise is usually considered mainly from the point of view of environmental health and safety, rather than nuisance, as sustained exposure can cause permanent hearing damage. Traditionally, occupational noise has been a hazard linked to heavy industries such as ship-building and...

, as in the Nottinghamshire and Derbyshire deafness litigation, or carcinogen
Carcinogen
A carcinogen is any substance, radionuclide, or radiation that is an agent directly involved in causing cancer. This may be due to the ability to damage the genome or to the disruption of cellular metabolic processes...

s often extend back in time beyond the current legislation.

Breach of the residual provisions is still a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...

 punishable on summary conviction in the Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...

 by a fine of up to £400 or, on indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...

 in the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...

, imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....

 for up to two years and an unlimited fine.

In the event of damage
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...

 arising from a breach of the Act, there may be civil liability for breach of statutory duty. Though no such liability is stipulated by the Act itself, none is excluded and the facts could be such as to give rise to a cause of action
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...

 in that tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...

. A breach not actionable in itself may be evidential towards a claim for common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...

. In particular, a criminal conviction may be given in evidence.

Background

The Act was the final consolidation of a line of legislation under Factory Acts
Factory Acts
The Factory Acts were a series of Acts passed by the Parliament of the United Kingdom to limit the number of hours worked by women and children first in the textile industry, then later in all industries....

 that began in 1802. In particular, it consolidated the 1937 and 1959 Acts. The Acts were widely regarded as ineffective in practice. Section 14 of the 1961 Act required the guarding of all dangerous parts of machinery but a sequence of judicial decisions under the earlier Acts had restricted the scope of what was "dangerous" only to include hazards that were reasonable foreseeable.

Definition of "factory"

Section 175 of the Act defines "factory" as premises in which persons are employed in manual labour
Manual labour
Manual labour , manual or manual work is physical work done by people, most especially in contrast to that done by machines, and also to that done by working animals...

 in any process for or incidental to:
  • Making any article or part of any article;
  • Altering, repairing, ornamenting, finishing, cleaning, or washing, or breaking up or demolition of any article;
  • Adapting any article for sale;
  • Slaughtering
    Animal slaughter
    Slaughter is the term used to describe the killing and butchering of animals, usually for food. Commonly it refers to killing and butchering of domestic livestock ....

     of cattle
    Cattle
    Cattle are the most common type of large domesticated ungulates. They are a prominent modern member of the subfamily Bovinae, are the most widespread species of the genus Bos, and are most commonly classified collectively as Bos primigenius...

    , sheep, swine, goat
    Goat
    The domestic goat is a subspecies of goat domesticated from the wild goat of southwest Asia and Eastern Europe. The goat is a member of the Bovidae family and is closely related to the sheep as both are in the goat-antelope subfamily Caprinae. There are over three hundred distinct breeds of...

    s, horse
    Horse
    The horse is one of two extant subspecies of Equus ferus, or the wild horse. It is a single-hooved mammal belonging to the taxonomic family Equidae. The horse has evolved over the past 45 to 55 million years from a small multi-toed creature into the large, single-toed animal of today...

    s, asses or mule
    Mule
    A mule is the offspring of a male donkey and a female horse. Horses and donkeys are different species, with different numbers of chromosomes. Of the two F1 hybrids between these two species, a mule is easier to obtain than a hinny...

    s; or
  • In some circumstances, confinement of such animals awaiting slaughter at other premises.


The Act also defines certain other specific premises as "factories" such as laundries
Laundry
Laundry is a noun that refers to the act of washing clothing and linens, the place where that washing is done, and/or that which needs to be, is being, or has been laundered...

 and printing works
Printing
Printing is a process for reproducing text and image, typically with ink on paper using a printing press. It is often carried out as a large-scale industrial process, and is an essential part of publishing and transaction printing....

 (s. 175(2)).

Health (general provisions)

Sections 1 to 7 define general broad requirements for healthy factory working conditions:
  1. Cleanliness
    Cleanliness
    Cleanliness is both the abstract state of being clean and free from dirt, and the process of achieving and maintaining that state.Cleanliness may be endowed with a moral quality, as indicated by the aphorism "cleanliness is next to godliness," and may be regarded as contributing to other ideals...

    ;
  2. Overcrowding;
  3. Temperature
    Temperature
    Temperature is a physical property of matter that quantitatively expresses the common notions of hot and cold. Objects of low temperature are cold, while various degrees of higher temperatures are referred to as warm or hot...

    ;
  4. Ventilation
    Mechanical ventilation
    In medicine, mechanical ventilation is a method to mechanically assist or replace spontaneous breathing. This may involve a machine called a ventilator or the breathing may be assisted by a physician, respiratory therapist or other suitable person compressing a bag or set of bellows...

    ;
  5. Lighting
    Lighting
    Lighting or illumination is the deliberate application of light to achieve some practical or aesthetic effect. Lighting includes the use of both artificial light sources such as lamps and light fixtures, as well as natural illumination by capturing daylight...

    ;
  6. Drainage
    Drainage
    Drainage is the natural or artificial removal of surface and sub-surface water from an area. Many agricultural soils need drainage to improve production or to manage water supplies.-Early history:...

     of floors; and
  7. Sanitary conveniences.


These provisions were repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....

ed and superseded, as far as they applied to "workplaces", by the Workplace (Health, Safety and Welfare) Regulations 1992
Workplace (Health, Safety and Welfare) Regulations 1992
The Workplace Regulations 1992 is a United Kingdom Statutory Instrument that stipulates general requirements on accommodation standards for nearly all workplaces...

 with effect from 1 January 1993 for new workplaces and 1 January 1996 for established workplaces. There is still a potential residual scope of application to "factories" that are not "workplaces" as the definition of "workplace" is in some ways limited.

Section 10A was added by the Employment Medical Advisory Service Act 1972 and gives powers to the Employment Medical Advisory Service
Employment Medical Advisory Service
The Employment Medical Advisory Service is a statutory public service in Great Britain operated as part of the Field Operations Directorate of the Health and Safety Executive.-Purpose:...

 to order medical examination and supervision of employees.

Section 11 gave the Minister of State
Minister of State
Minister of State is a title borne by politicians or officials in certain countries governed under a parliamentary system. In some countries a "minister of state" is a junior minister, who is assigned to assist a specific cabinet minister...

, as of 2008 the minister at the Department for Work and Pensions
Department for Work and Pensions
The Department for Work and Pensions is the largest government department in the United Kingdom, created on June 8, 2001 from the merger of the employment part of the Department for Education and Employment and the Department of Social Security and headed by the Secretary of State for Work and...

, the power to order medical supervision though these powers have been largely superseded by powers granted to the Health and Safety Executive and other powers of the Minister to make orders by statutory instrument
Statutory Instrument
A Statutory Instrument is the principal form in which delegated or secondary legislation is made in Great Britain.Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in 1948.Most delegated...

.

Safety (general provisions)

Sections 12 to 39 defined specific requirements for machinery safety but many have been repealed and superseded. As of 2008, the following sections remain fully in force:


  1. Secure fencing and handrails for teagle
    Block and tackle
    A block and tackle is a system of two or more pulleys with a rope or cable threaded between them, usually used to lift or pull heavy loads.The pulleys are assembled together to form blocks so that one is fixed and one moves with the load...

     openings and doorways;



  1. Water
    Water
    Water is a chemical substance with the chemical formula H2O. A water molecule contains one oxygen and two hydrogen atoms connected by covalent bonds. Water is a liquid at ambient conditions, but it often co-exists on Earth with its solid state, ice, and gaseous state . Water also exists in a...

    -seal
    Seal (mechanical)
    A mechanical seal is a device which helps join systems or mechanisms together by preventing leakage , containing pressure, or excluding contamination...

    ed gasholders.



The following sections were repealed and superseded, as far as they applied to "workplaces", by the Workplace (Health, Safety and Welfare) Regulations 1992 with effect from 1 January 1993 for new workplaces and 1 January 1996 for established workplaces. There is still a potential residual scope of application to "factories" that are not "workplaces".


  1. Dangerous substances;



  1. Construction and maintenance
    Preventive maintenance
    Preventive maintenance has the following meanings:#The care and servicing by personnel for the purpose of maintaining equipment and facilities in satisfactory operating condition by providing for systematic inspection, detection, and correction of incipient failures either before they occur or...

     of floor
    Floor
    A floor is the walking surface of a room or vehicle. Floors vary from simple dirt in a cave to many-layered surfaces using modern technology...

    s; and

  2. Safe means of access.



The following sections were repealed and superseded by the Provision and Use of Work Equipment Regulations 1992 between 1 January 1993 and 1 January 1997:


  1. Prime mover
    Tractor unit
    A tractor unit, prime mover , road tractor, or traction unit is a heavy-duty commercial vehicle within the large goods vehicle category, usually with a large displacement diesel engine, and several axles. The tractor unit serves as a method of moving trailers...

    s;

  2. Transmission machinery
    Transmission (mechanics)
    A machine consists of a power source and a power transmission system, which provides controlled application of the power. Merriam-Webster defines transmission as: an assembly of parts including the speed-changing gears and the propeller shaft by which the power is transmitted from an engine to a...

    ;

  3. Other machinery;

  4. Provisions as to unfenced machinery;

  5. Construction and maintenance of fencing;

  6. Construction and sale of machinery; and



  1. Self-acting machines.



The following sections were repealed and superseded by the Health and Safety (Young Persons) Regulations 1997 on 3 March 1997:


  1. Cleaning of machinery by young persons; and

  2. Training
    Training
    The term training refers to the acquisition of knowledge, skills, and competencies as a result of the teaching of vocational or practical skills and knowledge that relate to specific useful competencies. It forms the core of apprenticeships and provides the backbone of content at institutes of...

     and supervision of young persons working at dangerous machines.



The following sections were repealed and superseded by the Lifting Operations and Lifting Equipment Regulations 1998
Lifting Operations and Lifting Equipment Regulations 1998
The Lifting Operations Lifting Equipment Regulations 1998 are set of regulations created under the Health and Safety at Work etc. Act 1974 which came into force in Great Britain on 5 November 1998 and replaced a number of other pieces of legislation which covered the use of lifting equipment...

 on 5 December 1998:


  1. Hoists and lifts - general;



  1. Crane
    Crane (machine)
    A crane is a type of machine, generally equipped with a hoist, wire ropes or chains, and sheaves, that can be used both to lift and lower materials and to move them horizontally. It uses one or more simple machines to create mechanical advantage and thus move loads beyond the normal capability of...

    s and other lifting machines; and

  2. Chain
    Chain
    A chain is a sequence of connected links.Chain may also refer to:Chain may refer to:* Necklace - a jewelry which is worn around the neck* Mail , a type of armor made of interlocking chain links...

    s, rope
    Rope
    A rope is a length of fibres, twisted or braided together to improve strength for pulling and connecting. It has tensile strength but is too flexible to provide compressive strength...

    s and lifting tackle.



The following sections were repealed and superseded by the Confined Spaces Regulations 1997 on 5 December 1998:


  1. Hoist
    Hoist (device)
    A hoist is a device used for lifting or lowering a load by means of a drum or lift-wheel around which rope or chain wraps. It may be manually operated, electrically or pneumatically driven and may use chain, fiber or wire rope as its lifting medium. The load is attached to the hoist by means of a...

    s and lift
    Elevator
    An elevator is a type of vertical transport equipment that efficiently moves people or goods between floors of a building, vessel or other structures...

    s used for carrying persons; and



  1. Protection from dangerous fumes
    Gas
    Gas is one of the three classical states of matter . Near absolute zero, a substance exists as a solid. As heat is added to this substance it melts into a liquid at its melting point , boils into a gas at its boiling point, and if heated high enough would enter a plasma state in which the electrons...

     and lack of oxygen
    Oxygen
    Oxygen is the element with atomic number 8 and represented by the symbol O. Its name derives from the Greek roots ὀξύς and -γενής , because at the time of naming, it was mistakenly thought that all acids required oxygen in their composition...

    .



The following section was revoked and superseded by Schedule 7 of the Dangerous Substances and Explosive Atmospheres Regulations 2002 on 9th December 2002.


  1. Precautions with respect to explosive or inflammable dust, gas, vapour or substance.



The following sections were repealed in part and superseded by the Pressure Systems and Transportable Gas Containers Regulations 1989 on 1 July 1994:


  1. Steam boiler
    Boiler (steam generator)
    A boiler or steam generator is a device used to create steam by applying heat energy to water. Although the definitions are somewhat flexible, it can be said that older steam generators were commonly termed boilers and worked at low to medium pressure but, at pressures above this, it is more...

    s — attachments and construction; and

  2. Steam boilers — maintenance, examination
    Inspection
    An inspection is, most generally, an organized examination or formal evaluation exercise. In engineering activities inspection involves the measurements, tests, and gauges applied to certain characteristics in regard to an object or activity...

     and use.



The following sections were repealed and superseded by the Pressure Systems Safety Regulations 2000 on 21 February 2000:


  1. Steam boilers - restrictions on entry;

  2. Steam receivers
    Boiler (steam generator)
    A boiler or steam generator is a device used to create steam by applying heat energy to water. Although the definitions are somewhat flexible, it can be said that older steam generators were commonly termed boilers and worked at low to medium pressure but, at pressures above this, it is more...

     and steam containers; and

  3. Air receivers.



Sections 40 to 52 applied to fire safety
Fire safety
Fire safety refers to precautions that are taken to prevent or reduce the likelihood of a fire that may result in death, injury, or property damage, alert those in a structure to the presence of a fire in the event one occurs, better enable those threatened by a fire to survive, or to reduce the...

 and were repealed in 1976 when the Fire Precautions Act 1971 was extended to require fire certificates for a wide class of works premises.

Welfare (general provisions)

Sections 57 to 60 define general broad requirements for factory welfare:


  1. Supply of drinking water
    Drinking water
    Drinking water or potable water is water pure enough to be consumed or used with low risk of immediate or long term harm. In most developed countries, the water supplied to households, commerce and industry is all of drinking water standard, even though only a very small proportion is actually...

    ;

  2. Washing facilities;

  3. Accommodation for clothing; and

  4. Sitting facilities.



These provisions were repealed and superseded, as far as they applied to "workplaces", by the Workplace (Health, Safety and Welfare) Regulations 1992 with effect from 1 January 1993 for new workplaces and 1 January 1996 for established workplaces. There is still a potential residual scope of application to "factories" that are not "workplaces".

Section 61, first aid
First aid
First aid is the provision of initial care for an illness or injury. It is usually performed by non-expert, but trained personnel to a sick or injured person until definitive medical treatment can be accessed. Certain self-limiting illnesses or minor injuries may not require further medical care...

, has been repealed, as has section 62, power of minister to make regulations.

Health, safety and welfare (special provisions and regulations)

Sections 63 to 79 defined many specific regulations such as forbidding eating in places where lead
Lead
Lead is a main-group element in the carbon group with the symbol Pb and atomic number 82. Lead is a soft, malleable poor metal. It is also counted as one of the heavy metals. Metallic lead has a bluish-white color after being freshly cut, but it soon tarnishes to a dull grayish color when exposed...

 or arsenic
Arsenic
Arsenic is a chemical element with the symbol As, atomic number 33 and relative atomic mass 74.92. Arsenic occurs in many minerals, usually in conjunction with sulfur and metals, and also as a pure elemental crystal. It was first documented by Albertus Magnus in 1250.Arsenic is a metalloid...

 was processed (s. 64), and forbidding women and young people from working at foundries
Foundry
A foundry is a factory that produces metal castings. Metals are cast into shapes by melting them into a liquid, pouring the metal in a mold, and removing the mold material or casting after the metal has solidified as it cools. The most common metals processed are aluminum and cast iron...

 with lead or zinc
Zinc
Zinc , or spelter , is a metallic chemical element; it has the symbol Zn and atomic number 30. It is the first element in group 12 of the periodic table. Zinc is, in some respects, chemically similar to magnesium, because its ion is of similar size and its only common oxidation state is +2...

, or "mixing or pasting in connection with the manufacture or repair of electric accumulators
Capacitor
A capacitor is a passive two-terminal electrical component used to store energy in an electric field. The forms of practical capacitors vary widely, but all contain at least two electrical conductors separated by a dielectric ; for example, one common construction consists of metal foils separated...

" (s. 74). As of 2008, these have all been repealed and superseded by subsequent regulations save for section 69 where there is a residual power for an inspector from the Health and Safety Executive to restrict working in underground rooms in "factories" that are not "workplaces".

Notification and investigation of accidents and industrial diseases

Sections 80 to 85 specified reauirements for the statutory reporting of death
Death
Death is the permanent termination of the biological functions that sustain a living organism. Phenomena which commonly bring about death include old age, predation, malnutrition, disease, and accidents or trauma resulting in terminal injury....

s, injuries
Injury
-By cause:*Traumatic injury, a body wound or shock produced by sudden physical injury, as from violence or accident*Other injuries from external physical causes, such as radiation injury, burn injury or frostbite*Injury from infection...

 and disease
Disease
A disease is an abnormal condition affecting the body of an organism. It is often construed to be a medical condition associated with specific symptoms and signs. It may be caused by external factors, such as infectious disease, or it may be caused by internal dysfunctions, such as autoimmune...

s that took place at work. As of 2008, these sections have all been repealed and superseded, especially by the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.

Employment of women and young persons

Sections 86 to 116 restricted the working hours of women and young people in factories. Some exceptions were allowed such as for women in management
Management
Management in all business and organizational activities is the act of getting people together to accomplish desired goals and objectives using available resources efficiently and effectively...

 positions (s. 95). All these sections have been repealed, either by:
  • Sex Discrimination Act 1986, which makes restrictions on women's work unlawful; or
  • Employment Act 1989, which defines a new regime for the training and employment of young people.

Enforcement

Enforcement originally lay with District Councils
Local Government Act 1894
The Local Government Act 1894 was an Act of the Parliament of the United Kingdom that reformed local government in England and Wales outside the County of London. The Act followed the reforms carried out at county level under the Local Government Act 1888...

 (ss. 8–10, 53–56) but, as of 1974, general responsibility falls to the Health and Safety Executive
Health and Safety Executive
The Health and Safety Executive is a non-departmental public body in the United Kingdom. It is the body responsible for the encouragement, regulation and enforcement of workplace health, safety and welfare, and for research into occupational risks in England and Wales and Scotland...

 though they are often able to delegate this to local authorities
Local government in the United Kingdom
The pattern of local government in England is complex, with the distribution of functions varying according to the local arrangements. Legislation concerning local government in England is decided by the Parliament and Government of the United Kingdom, because England does not have a devolved...

.

Factories Act (Northern Ireland) 1965

The Factories Act 1961 did not extend to Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

, but the Parliament of Northern Ireland
Parliament of Northern Ireland
The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended...

enacted similar provisions in its Factories Act (Northern Ireland) 1965, which consolidated earlier Acts there. As with the British Act, as of 2008 most of the provisions have been repealed and superseded by more modern legislation under the Health and Safety at Work (Northern Ireland) Order 1978, such as the Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993.
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