Chapter XV: Section 105: of the above Act, so far as it relates to buildings, reads

as follows:—

BUILDINGS

105.—(1). _The provisions of this Act with respect to_—

(1) _power to make orders as to dangerous machines (section 17)_;

(2) _accidents (sections 19-22)_;

(3) _regulations for dangerous trades (sections 79-86)_;

(4) _powers of inspection (section 119); and_

(5) _fines in case of death or injury (section 136) shall have
effect as if any premises on which machinery worked by steam, water,
or other mechanical power, is temporarily used for the purpose of the
construction of a building or any structural work in connection with
a building were included in the word 'factory,’ and the purpose for
which the machinery is used were a manufacturing process, and as if
the person who, by himself, his agents, or workmen, temporarily uses
any such machinery for the before-mentioned purpose were the occupier
of the said premises; and for the purpose of the enforcement of those
provisions the person so using any such machinery shall be deemed to
be the occupier of a factory._

(2). _The provisions of this Act with respect to notice of
accidents, and the formal investigation of accidents, shall have
effect as if any building which exceeds 30 feet in height, and which
is being constructed or repaired by means of a scaffolding ... were
included in the word 'factory,’ and as if ... the employer of the
persons engaged in the construction or repair ... were the occupier
of a factory._

It will be noticed that the provisions of the Act are more stringent for buildings which are being constructed or repaired by machinery, and that these buildings come within the provisions of the Act whether or not they exceed the limit of 30 feet.

The provisions of the Act as mentioned in the beginning of this section have been embodied in the following abstract, issued from the Home Office, January 1902.

Form 57.[6]

_January 1902._

_FACTORY AND WORKSHOP ACT, 1901_

_Abstract of the provisions of the Act as to_

BUILDINGS IN COURSE OF CONSTRUCTION OR REPAIR

H.M. INSPECTOR OF FACTORIES, }
_To whom Communications and_ }
_Notices should be addressed_ }

H.M. SUPERINTENDING INSPECTOR }
OF FACTORIES }

H.M. CHIEF INSPECTOR OF } ARTHUR WHITELEGGE,
FACTORIES } ESQ., M.D.,
} Home Office, London, S. W.

CERTIFYING SURGEON

Certain provisions of the Factory and Workshop Act, including those
which are stated below, apply as if any premises on which machinery
worked by mechanical power is temporarily used in the construction of
a building, or in structural work in connection with a building, were
a factory, and as if the purpose for which the machinery is used were
a manufacturing process. For the purpose of the enforcement of those
provisions, the person so using (by himself, his agents, or workmen)
any such machinery is deemed to be the occupier of a factory.

In the case of buildings over 30 feet in height, which are being
constructed or repaired by means of scaffolding, paragraphs 4 and 6
apply in like manner, whether machinery be used or not; and for the
purpose of their enforcement the employer of the persons engaged in
the construction or repair is deemed to be the occupier of a factory.

The provisions stated below apply also to any private line or siding
used in connection with a building in course of construction or
repair as above.

[Sidenote: Dangerous Machinery or Plant.]

1.—If any part of the ways, works, machinery, or plant (including a
steam boiler) is in such condition that it cannot be used without
danger to life or limb, a Court of Summary Jurisdiction may, on
complaint of an Inspector, make an order prohibiting it from being
used, absolutely or until it is duly repaired or altered.

[Sidenote: Dangerous Processes.]

2.—If any machinery, plant, process, or description of manual labour
is dangerous or injurious to health, or dangerous to life or limb,
regulations may be made by the Secretary of State.

[Sidenote: Steam Boilers.]

3.—Every steam boiler must (_a_) be maintained in proper
condition, and (_b_) have a proper safety-valve, steam-gauge,
and water-gauge, all maintained in proper condition, and (_c_)
be thoroughly examined by a competent person every 14 months. A
signed report of the result of the examination must be entered within
14 days in a Register to be kept for the purpose in the premises
(Form 73[7]).

[Sidenote: Accidents.]

[7]4.—When there occurs in the premises any accident which causes to
a person employed therein such injury as to prevent him on any one
of the three working days next after the occurrence of the accident
from being employed for five hours on his ordinary work, written
Notice (Form 43[7]) must be sent forthwith to H.M. Inspector for the
district.

5.—Every such accident must also be entered in a Register to be kept
for the purpose in the premises (Form 73[7]).

6.—If the accident is fatal, or is produced by machinery moved by
power, or by a vat or pan containing hot liquid, or by explosion,
or by escape of gas or steam, written Notice (Form 43[7]) must
_also_ be sent forthwith to the Certifying Surgeon for the
district.

[Sidenote: Returns.]

7.—If so required by the Secretary of State, a return of the persons
employed must be sent to H.M. Chief Inspector of Factories at such
times and with such particulars as may be directed.

[Sidenote: Powers of Inspectors.]

8.—H.M. Inspectors have power to inspect every part of the premises
by day or by night. They may require the production of registers,
certificates, and other papers. They may examine any person found
in the premises either alone or in the presence of any other person
as they think fit, and may require him to sign a declaration of
the truth of the matters about which he is examined. They may also
exercise such other powers as may be necessary for carrying the Act
into effect. Every person obstructing an Inspector, or refusing to
answer his questions, is liable to a penalty.

The limiting height of 30 feet has been inserted for the reason, apparently, that it was not considered desirable to bring those minor accidents which might reasonably be expected to occur on the smaller buildings into notice.

_NOTICE OF ACCIDENTS ACT, 1906_

Certain provisions of the Factory and Workshop Act, 1901, have recently been repealed, viz. Sec. 19, which deals with the notification of accidents. The repealing Act, and which contains clauses replacing the section, is known as Notice of Accidents Act, 1906, which came into operation on the first day of January 1907. The fourth section, which applies to buildings, reads as follows:—

=Sec. 4.=—(1) _Where any accident occurs in a factory or
workshop which is either_—

(_a_) _an accident causing loss of life to a person employed
in the factory or workshop; or_

(_b_) _an accident due to any machinery moved by mechanical
power, or to molten metal, hot liquid explosion, escape of gas or
steam, or to electricity, and so disabling any person employed in the
factory or workshop as to cause him to be absent throughout at least
one whole day from his ordinary work; or_

(_c_) _an accident due to any other special cause which the
Secretary of State may specify by order, and causing such disablement
as aforesaid; or_

(_d_) _an accident disabling for more than seven days a person
employed in the factory or workshop from working at his ordinary
work,_

_written notice of the accident, in such form and accompanied by such particulars as the Secretary of State prescribes, shall forthwith be sent to the inspector of the district and also in the case of the accidents mentioned in paragraphs (a) and (b) of this subsection, and (if the order of the Secretary of State specifying the special cause so requires) of accidents mentioned in paragraph (c), to the certifying surgeon of the district._

(2) _If any accident causing disablement is notified under this section, and after notification thereof results in the death of the person disabled, notice in writing of the death shall be sent to the inspector as soon as the death comes to the knowledge of the occupier of the factory or workshop._

(3) _If any notice with respect to an accident in a factory or workshop required to be sent by this section is not sent as so required, the occupier of the factory or workshop shall be liable to a fine not exceeding ten pounds._

(4) _If any accident to which this section applies occurs to a person employed in a factory or workshop the occupier of which is not the actual employer of the person killed or injured, the actual employer shall immediately report the same to the occupier, and in default shall be liable to a fine not exceeding five pounds._

(5) _The foregoing provisions of this section shall be substituted for section nineteen of the Factory and Workshop Act, 1901._[8]

This amendment, as before stated, renders Part 4 of the Abstract inoperative.

The Notice of Accidents Act also imposes new duties upon employers.