II. LAW OF UNITED KINGDOM, 1910

_Factories and Workshops._--The act of 1878 remained until 1901,

although much had been meanwhile superimposed, a monument to the efforts

of the great factory reformers of the first half of the 19th century,

and the general groundwork of safety for workers in factories and

workshops in the main divisions of sanitation, security against

accidents, physical fitness of workers, general limitation of hours and

times of employment for young workers and women. The act of 1901, which

came into force 1st January 1902 (and became the principal act), was an

amending as well as a consolidating act. Comparison of the two acts

shows, however, that, in spite of the advantages of further

consolidation and helpful changes in arrangement of sections and

important additions which tend towards a specialized hygiene for factory

life, the fundamental features of the law as fought out in the 19th

century remain undisturbed. So far as the law has altered in character,

it has done so chiefly by gradual development of certain sanitary

features, originally subordinate, and by strengthening provision for

security against accidents and not by retreat from its earlier aims. At

the same time a basis for possible new developments can be seen in the

protection of "outworkers" as well as factory workers against fraudulent

or defective particulars of piece-work rates of wages.

Later acts directly and indirectly affecting the law are certain acts of

1903, 1906, 1907, to be touched on presently.

Additions to act of 1878.

The act of 1878, in a series of acts from 1883 to 1895, received

striking additions, based (1) on the experience gained in other branches

of protective legislation, e.g. development of the method of regulation

of dangerous trades by "special rules" and administrative inquiry into

accidents under Coal Mines Acts; (2) on the findings of royal

commissions and parliamentary inquiries, e.g. increased control of

"outwork" and domestic workshops, and limitation of "overtime"; (3) on

the development of administrative machinery for enforcing the more

modern law relating to public health, e.g. transference of

administration of sanitary provisions in workshops to the local sanitary

authorities; (4) on the trade-union demand for means for securing

trustworthy records of wage-contracts between employer and workman, e.g.

the section requiring particulars of work and wages for piece-workers.

The first additions to the act of 1878 were, however, almost purely

attempts to deal more adequately than had been attempted in the code of

1878 with certain striking instances of trades injurious to health. Thus

the Factory and Workshop Act of 1883 provided that white-lead factories

should not be carried on without a certificate of conformity with

certain conditions, and also made provision for special rules, on lines

later superseded by those laid down in the act of 1891, applicable to

any employment in a factory or workshop certified as dangerous or

injurious by the secretary of state. The act of 1883 also dealt with

sanitary conditions in bakehouses. Certain definitions and explanations

of previous enactments touching overtime and employment of a child in

any factory or workshop were also included in the act. A class of

factories in which excessive heat and humidity seriously affected the

health of operatives was next dealt with in the Cotton Cloth Factories

Act 1889. This provided for special notice to the chief inspector from

all occupiers of cotton cloth factories (i.e. any room, shed, or

workshop or part thereof in which weaving of cotton cloth is carried on)

who intend to produce humidity by artificial means; regulated both

temperature of workrooms and amount of moisture in the atmosphere, and

provided for tests and records of the same; and fixed a standard minimum

volume of fresh air (600 cub. ft.) to be admitted in every hour for

every person employed in the factory. Power was retained for the

secretary of state to modify by order the standard for the maximum limit

of humidity of the atmosphere at any given temperature. A short act in

1870 extended this power to other measures for the protection of

health.

The special measures from 1878 to 1889 gave valuable precedents for

further developments of special hygiene in factory life, but the next

advance in the Factory and Workshop Act 1891, following the House of

Lords Committee on the sweating system and the Berlin International

Labour Conference, extended over much wider ground. Its principal

objects were: (a) to render administration of the law relating to

workshops more efficient, particularly as regards sanitation; with this

end in view it made the primary controlling authority for sanitary

matters in workshops the local sanitary authority (now the district

council), acting by their officers, and giving them the powers of the

less numerous body of factory inspectors, while at the same time the

provisions of the Public Health Acts replaced in workshops the very

similar sanitary provisions of the Factory Acts; (b) to provide for

greater security against accidents and more efficient fencing of

machinery in factories; (c) to extend the method of regulation of

unhealthy or dangerous occupations by application of special rules and

requirements to any incident of employment (other than in a domestic

workshop) certified by the secretary of state to be dangerous or

injurious to health or dangerous to life or limb; (d) to raise the age

of employment of children and restrict the employment of women

immediately after childbirth; (e) to require particulars of rate of

wages to be given with work to piece-workers in certain branches of the

textile industries; (f) to amend the act of 1878 in various subsidiary

ways, with the view of improving the administration of its principles,

e.g. by increasing the means of checking the amount of overtime worked,

empowering inspectors to enter workplaces used as dwellings without a

justice's warrant, and the imposition of minimum penalties in certain

cases. On this act followed four years of greatly accelerated

administrative activity. No fewer than sixteen trades were scheduled by

the secretary of state as dangerous to health. The manner of preparing

and establishing suitable rules was greatly modified by the act of 1901

and will be dealt with in that connexion.

The Factory and Workshop Act 1895 followed thus on a period of exercise

of new powers of administrative regulation (the period being also that

during which the Royal Commission on Labour made its wide survey of

industrial conditions), and after two successive annual reports of the

chief inspector of factories had embodied reports and recommendations

from the women inspectors, who in 1893 were first added to the

inspectorate. Again, the chief features of an even wider legislative

effort than that of 1891 were the increased stringency and definiteness

of the measures for securing hygienic and safe conditions of work. Some

of these measures, however, involved new principles, as in the provision

for the prohibition of the use of a dangerous machine or structure by

the order of a magistrate's court, and the power to include in the

special rules drawn up in pursuance of section 8 of the act of 1891, the

prohibition of the employment of any class of persons, or the limitation

of the period of employment of any class of persons in any process

scheduled by order of the secretary of state. These last two powers have

both been exercised, and with the exercise of the latter passed away,

without opposition, the absolute freedom of the employer of the adult

male labourer to carry on his manufacture without legislative limitation

of the hours of labour. Second only in significance to these new

developments was the addition, for the first time since 1867, of new

classes of workplaces not covered by the general definitions in section

93 of the Consolidating Act of 1878, viz.: (a) laundries (with special

conditions as to hours, &c.); (b) docks, wharves, quays, warehouses and

premises on which machinery worked by power is temporarily used for the

purpose of the construction of a building or any structural work in

connexion with the building (for the purpose only of obtaining security

against accidents). Other entirely new provisions in the act of 1895,

later strengthened by the act of 1901, were the requirement of a

reasonable temperature in workrooms, the requirement of lavatories for

the use of persons employed in any department where poisonous substances

are used, the obligation on occupiers and medical practitioners to

report cases of industrial poisoning; and the penalties imposed on an

employer wilfully allowing wearing apparel to be made, cleaned or

repaired in a dwelling-house where an inmate is suffering from

infectious disease. Another provision empowered the secretary of state

to specify classes of outwork and areas with a view to the regulation of

the sanitary condition of premises in which outworkers are employed.

Owing to the conditions attached to its exercise, no case was found in

which this power could come into operation, and the act of 1901 deals

with the matter on new lines. The requirement of annual returns from

occupiers of persons employed, and the competency of the person charged

with infringing the act to give evidence in his defence, were important

new provisions, as was also the adoption of the powers to direct a

formal investigation of any accident on the lines laid down in section

45 of the Coal Mines Regulation Act 1887. Other sections, relating to

sanitation and safety, were developments of previous regulations, e.g.

the fixing of a standard of overcrowding, provision of sanitary

accommodation separate for each sex where the standard of the Public

Health Act Amendment Act of 1890 had not been adopted by the competent

local sanitary authority, power to order a fan or other mechanical means

to carry off injurious gas, vapour or other impurity (the previous power

covering only dust). The fencing of machinery and definition of

accidents were made more precise, young persons were prohibited from

cleaning dangerous machinery, and additional safeguards against risk of

injury by fire or panic were introduced. On the question of employment

the foremost amendments lay in the almost complete prohibition of

overtime for young persons, and the restriction of the power of an

employer to employ protected persons outside his factory or workshop on

the same day that he had employed them in the factory or workshop. Under

the head of particulars of work and wages to piece-workers an important

new power, highly valued by the workers, was given to apply the

principle with the necessary modifications by order of the secretary of

state to industries other than textile and to outworkers as well as to

those employed inside factories and workshops.

The act of 1901.

In 1899 an indirect modification of the limitation to employment of

children was effected by the Elementary Education Amendment Act, which,

by raising from eleven to twelve the minimum age at which a child may,

by the by-laws of a local authority, obtain total or partial exemption

from the obligation to attend school, made it unlawful for an occupier

to take into employment any child under twelve in such a manner as to

prevent full-time attendance at school. The age of employment became

generally thereby the same as it has been for employment at a mine above

ground since 1887. The act of 1901 made the prohibition of employment of

a child under twelve in a factory or workshop direct and absolute. Under

the divisions of sanitation, safety, fitness for employment, special

regulation of dangerous trades, special control of bakehouses,

exceptional treatment of creameries, new methods of dealing with home

work and outworkers, important additions were made to the general law by

the act of 1901, as also in regulations for strengthened administrative

control. New general sanitary provisions were those prescribing: (a)

ventilation _per se_ for every workroom, and empowering the secretary of

state to fix a standard of sufficient ventilation; (b) drainage of wet

floors; (c) the power of the secretary of state to define in certain

cases what shall constitute sufficient and suitable sanitary

accommodation. New safety provisions were those relating to--(a)

Examination and report on steam boilers; (b) prohibition of employment

of a child in cleaning below machinery in motion; (c) power of the

district council to make by-laws for escape in case of fire. The most

important administrative alterations were: (a) a justice engaged in the

same trade as, or being officer of an association of persons engaged in

the same trade as, a person charged with an offence may not act at the

hearing and determination of the charge; (b) ordinary supervision of

sanitary conditions under which outwork is carried on was transferred to

the district council, power being reserved to the Home Office to

intervene in case of neglect or default by any district council.

Acts of 1903, 1906, 1907.

The Employment of Children Act 1903, while primarily providing for

industries outside the scope of the Factory Act, incidentally secured

that children employed as half-timers should not also be employed in

other occupations. The Notice of Accidents Act 1906 amended the whole

system of notification of accidents, simultaneously in mines, quarries,

factories and workshops, and will be set out in following paragraphs.

The Factory and Workshop Act of 1907 amended the law in respect of

laundries by generally applying the provisions of 1901 to trade

laundries while granting them choice of new exceptional periods, and by

extending the provisions of the act (with certain powers to the Home

Office by Orders laid before parliament to allow variations) to

institution laundries carried on for charitable or reformatory purposes.

The Employment of Women Act 1907 repealed an exemption in the act of

1901 (and earlier acts) relating to employment of women in flax scutch

mills, thus bringing this employment under the ordinary provisions as to

period of employment.

The following paragraphs aim at presenting an idea of the scope of the

modified and amended law, as a whole, adding where clearly necessary

reference to the effect of acts, which ceased to apply after the 31st of

December 1901:--

Definitions.

The workplaces to which the act applies are, first, "factories" and

"workshops"; secondly, laundries, docks, wharves, &c., enumerated

above as introduced and regulated partially only by the act of 1895

and subsequent acts. Apart from this secondary list, and having regard

to workplaces which remain undefined by the law, the act may broadly

be said to apply to premises, rooms or places in which manual labour,

with or without the aid of mechanical power, is exercised for gain in

or incidental to the making, altering, repairing, ornamenting,

washing, cleaning or finishing or adapting for sale of any article or

part of any article. If steam, water or other mechanical power is used

in aid of the manufacturing process, the workplace is a factory; if

not, it is a workshop. There is, however, a list of eighteen classes

of works (brought under the factory law for reasons of safety, &c.,

before workshops generally were regulated) which are defined as

factories whether power is used in them or not. Factories are, again,

subdivided into textile and non-textile: they are textile if the

machinery is employed in preparing, manufacturing or finishing cotton,

wool, hair, silk, flax, hemp, jute, tow, China grass, cocoanut fibre

or other like material either separately or mixed together, or mixed

with any other material, or any fabric made thereof; all other

factories are non-textile. The distinction turns on the historical

origin of factory regulation and the regulations in textile factories

remain in some respects slightly more stringent than in the

non-textile factories and workshops, though the general provisions are

almost the same. Three special classes of workshops have for certain

purposes to be distinguished from ordinary workshops, which include

tenement workshops: (a) Domestic workshops, i.e. any private house,

room or place, which, though used as a dwelling, is by reason of the

work carried on there a workshop, and in which the only persons

employed are members of the same family, dwelling there alone--in

these women's hours are unrestricted; (b) Women's workshops, in which

neither children nor young persons are employed--in these a more

elastic arrangement of hours is permissible than in ordinary

workshops; (c) Workshops in which men only are employed--these come

under the same general regulations in regard to sanitation as other

workshops, also under the provisions of the Factory Act as regards

security, and, if certified by the secretary of state, may be brought

under special regulations. They are otherwise outside the scope of the

act of 1901.

The person to whom the regulations apply in the above-defined

workplaces are _children_, i.e. persons between the ages of twelve and

fourteen, _young persons_, i.e. boys or girls between the ages of

fourteen (or if an educational certificate has been obtained,

thirteen) and eighteen years of age, and _women_, i.e. females above

the age of eighteen; these are all "protected" persons to whom the

general provisions of the act, inclusive of the regulation of hours

and times of employment, apply. To adult men generally those

provisions broadly only apply which are aimed at securing sanitation

and safety in the conduct of the manufacturing process.

The person generally responsible for observance of the provisions of

the law, whether these relate to health, safety, limitation of the

hours of labour or other matters, is the _occupier_ (a term undefined

in the act) of the factory, workshop or laundry. There are, however,

limits to his responsibility: (a) generally, where the occupier has

used due diligence to enforce the execution of the act, and can show

that another person, whether agent, servant, workman or other person,

is the real offender; (b) specially in a factory the sections relating

to employment of protected persons, where the owner or hirer of a

machine or implement driven by mechanical power is some person other

than the occupier of the factory, the owner or hirer, so far as

respects any offence against the act committed in relation to a person

who is employed in connexion with the machine or implement, and is in

the employment or pay of the owner or hirer, shall be deemed to be the

occupier of the factory; (c) for the one purpose of reporting

accidents, the actual employer of the person injured in any factory or

workshop is bound under penalty immediately to report the same to the

occupier; (d) so far as relates to sanitary conditions, fencing of

machinery, affixing of notices in _tenement_ factories, the _owner_

(as defined by the Public Health Act 1875), generally speaking, takes

the place of the occupier.

Employment in a factory or workshop includes work whether for wages or

not: (a) in a manufacturing process or handicraft, (b) in cleaning any

place used for the same, (c) in cleaning or oiling any part of the

machinery, (d) any work whatsoever incidental to the process or

handicraft, or connected with the article made. Persons found in any

part of the factory or workshop, where machinery is used or

manufacture carried on, except at meal-times, or when machinery is

stopped, are deemed to be employed until the contrary is proved. The

act, however, does not apply to employment for the sole purpose of

repairing the premises or machinery, nor to the process of preserving

and curing fish immediately upon its arrival in the fishing boats in

order to prevent the fish from being destroyed or spoiled, nor to the

process of cleaning and preparing fruit so far as is necessary to

prevent it from spoiling during the months of June, July, August and

September. Certain light handicrafts carried on by a family only in a

private house or room at irregular intervals are also outside the

scope of the act.

Sanitation.

The foremost provisions are those relating to the sanitary condition

of the workplaces and the general security of every class of worker.

Every factory must be kept in a cleanly condition, free from noxious

effluvia, ventilated in such a manner as to render harmless, so far as

practicable, gases, vapours, dust or other impurities generated in the

manufacture; must be provided with sufficient and suitable sanitary

conveniences separate for the sexes; must not be overcrowded (not less

than 250 cubic ft. during the day, 400 during overtime, for each

worker). In these matters the law of public health takes in workshops

the place of the Factory Act, the requirements being substantially the

same. Although, however, primarily the officers of the district

council enforce the sanitary provisions in workshops, the government

factory inspectors may give notice of any defect in them to the

district council in whose district they are situate; and if

proceedings are not taken within one month by the latter, the factory

inspector may act in default and recover expenses from the district

council. This power does not extend to domestic workshops which are

under the law relating to public health so far as general sanitation

is concerned. General powers are reserved to the secretary of state,

where he is satisfied that the Factory Act or law relating to public

health as regards workplaces has not been carried out by any district

council, to authorize a factory inspector during a period named in his

order to act instead of the district council. Other general sanitary

provisions administered by the government inspectors are the

requirement in factories and workshops of washing conveniences where

poisonous substances are used; adequate measures for securing and

maintaining a reasonable temperature of such a kind as will not

interfere with the purity of the air in each room in which any person

is employed; maintenance of sufficient means of ventilation in every

room in a factory or workshop (in conformity with such standard as may

be prescribed by order of the secretary of state); provision of a fan

to carry off injurious dust, gas or other impurity, and prevent their

inhalation in any factory or workshop; drainage of floors where wet

processes are carried on. For laundries and bakehouses there are

further sanitary regulations; e.g. in laundries all stoves for heating

irons shall be sufficiently separated from any ironing-room or

ironing-table, and the floors shall be "drained in such a manner as

will allow the water to flow off freely"; and in bakehouses a cistern

supplying water to a bakehouse must be quite separate from that

supplying water to a water-closet, and the latter may not communicate

directly with the bakehouse. Use of underground bakehouses (i.e. a

baking room with floor more than 3 ft. below the ground adjoining) is

prohibited, except where already used at the passing of the act;

further, in these cases, after 1st January 1904, a certificate as to

suitability in light, ventilation, &c., must be obtained from the

district council. In other trades certified by the secretary of state

further sanitary regulations may be made to increase security for

health by special rules to be presently touched on. The secretary of

state may also make sanitary requirements a condition of granting such

exceptions to the general law as he is empowered to grant. In

factories, as distinct from workshops, a periodical lime washing (or

washing with hot water and soap where paint and varnish have been

used) of all inside walls and ceilings once at least in every fourteen

months is generally required (in bakehouses once in six months). As

regards sufficiency and suitability of sanitary accommodation, the

standards determined by order of the secretary of state shall be

observed in the districts to which it is made applicable. An order was

made called the Sanitary Accommodation Order, on the 4th of February

1903, the definitions and standards in which have also been widely

adopted by local sanitary authorities in districts where the Order

itself has no legal force, the local authority having parallel power

under the Public Health Act of 1890.

Security and accidents.

Security in the use of machinery is provided for by precautions as

regards the cleaning of machinery in motion and working between the

fixed and traversing parts of self-acting machines driven by power, by

fencing of machinery, and by empowering inspectors to obtain an order

from a court of summary jurisdiction to prohibit the use, temporarily

or absolutely, of machinery, ways, works or plant, including use of a

steam boiler, which cannot be used without danger to life and limb.

Every hoist and fly-wheel directly connected with mechanical power,

and every part of a water-wheel or engine worked by mechanical power,

and every wheel race, must be fenced, whatever its position, and every

part of mill-gearing or dangerous machinery must either be fenced or

be in such position that it is as safe as if fenced. No protected

persons may clean any part of mill-gearing in motion, and children may

further not clean any part of or below manufacturing machinery in

motion by aid of mechanical power; young persons further may not clean

any machinery if the inspector notifies it to the occupier as

dangerous. Security as regards the use of dangerous premises is

provided for by empowering courts of summary jurisdiction, on the

application of an inspector, to prohibit their use until the danger

has been removed. The district council, or, in London, the county

council, or in case of their default the factory inspector, can

require certain provisions for escape in case of fire in factories and

workshops in which more than forty persons are employed; special

powers to make by-laws for means of escape from fire in any factory or

workshop are, in addition to any powers for prevention of fire that

they possess, given to every district council, in London to the county

council. The means of escape must be kept free from obstruction.

Provisions are made for doors to open outwards in each room in which

more than ten persons are employed, and to prevent the locking,

bolting or fastening of doors so that they cannot easily be opened

from inside when any person is employed or at meals inside the

workplace. Further, provisions for security may be provided in special

regulations. Every boiler for generating steam in a factory or

workshop or place where the act applies must have a proper safety

valve, a steam gauge, and a water gauge, and every such boiler, valve

and gauge must be maintained in proper condition. Examination by a

competent person must take place at least once in every fourteen

months. The occupier of any factory or workshop may be liable for

penal compensation not exceeding £100 in case of injury or death due

to neglect of any provision or special rule, the whole or any part of

which may be applied for the benefit of the injured person or his

family, as the secretary of state determines. When a death has

occurred by accident in a factory or workshop, the coroner must advise

the factory inspector for the district of the place and time of the

inquest. The secretary of state may order a formal investigation of

the circumstances of any accident as in the case of mines. Careful and

detailed provisions are made for the reporting by occupiers to

inspectors, and entry in the registers at factories and workshops of

accidents which occur in a factory or workshop and (a) cause loss of

life to a person employed there, or (b) are due to machinery moved by

mechanical power, molten metal, hot liquid, explosion, escape of gas

or steam, electricity, 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, (c) are due to any other special cause

which the secretary of state may determine, (d) not falling under the

previous heads and yet cause disablement for more than seven days'

ordinary work to any person working in the factory or workshop. In the

case of (a) or (b) notice has also to be sent to the certifying

surgeon by the occupier. Cases of lead, phosphorus, arsenical and

mercurial poisoning, or anthrax, contracted in any factory or workshop

must similarly be reported and registered by the occupier, and the

duty of reporting these cases is also laid on medical practitioners

under whose observation they come. The list of classes of poisoning

can be extended by the secretary of state's order.

Physical fitness of workers.

Certificates of physical fitness for employment must be obtained by

the occupier from the certifying surgeon for the district for all

persons under sixteen years of age employed in a factory, and in any

class of workshops to which the requirement has been extended by order

of the secretary of state, and an inspector may suspend any such

persons for re-examination in a factory, or for examination in a

workshop, when "disease or bodily infirmity" unfits the person, in his

opinion, for the work of the place. The certifying surgeon may examine

the process as well as the person submitted, and may qualify the

certificate he grants by conditions as to the work on which the person

is fit to be employed. An occupier of a factory or workshop or laundry

shall not knowingly allow a woman to be employed therein within four

weeks after childbirth.

Hours of protected persons.

The employment of children, young persons and women is regulated as

regards ordinary and exceptional hours of work, ordinary and

exceptional meal-times, length of spells and holidays. The outside

limits of ordinary periods of employment and holidays are, broadly,

the same for textile factories as for non-textile factories and

workshops; the main difference lies in the requirement of not less

than a total two hours' interval for meals out of the twelve, and a

limit of four and a half hours for any spell of work, a longer weekly

half holiday, and a prohibition of overtime, in textile factories, as

compared with a total one and a half hours' interval for meals and a

limit of five hours for spells and (conditional) permission of

overtime in non-textile factories. The hours of work must be

specified, and from Monday to Friday may be between 6 A.M. and 6 P.M.,

or 7 A.M. to 7 P.M.; in non-textile factories and workshops the hours

also may be taken between 8 A.M. and 8 P.M. or by order of the

secretary of state for special industries 9 A.M. to 9 P.M. Between

these outside limits, with the proviso that meal-times must be fixed

and limits as to spells observed, women and young persons may be

employed the full time, children on the contrary only half time, on

alternate days, or in alternate sets attending school half time

regularly. On Saturdays, in textile factories in which the period

commences at 6 A.M. all manufacturing work must cease at 12 if not

less than one hour is given for meals, or 11.30 if less than one hour

is given for meals (half an hour extra allowed for cleaning), and in

non-textile factories and workshops at 2 P.M., 3 P.M. or 4 P.M.,

according as the hour of beginning is 6 A.M., 7 A.M. or 8 A.M. In

"domestic workshops" the total number of hours for young persons and

children must not exceed those allowed in ordinary workshops, but the

outside limits for beginning and ending are wider; and the case is

similar as regards hours of women in "women's workshops." Employment

outside a factory or workshop in the business of the same is limited

in a manner similar to that laid down in the Shop Hours Act, to be

touched on presently. Overtime in certain classes of factories,

workshops and warehouses attached to them is permitted, under

conditions specified in the acts, for women, to meet seasonal or

unforeseen pressure of business, or where goods of a perishable nature

are dealt with, for young persons only in a very limited degree in

factories liable to stoppage for drought or flood, or for an

unfinished process. These and other cases of exceptional working are

under minute and careful administrative regulations. Broadly these

same regulations as to exceptional overtime may apply in _laundries_

but the act of 1907 granted to laundries not merely ancillary to the

manufacture carried on in a factory or workshop (e.g. shirt and collar

factories), additional power to fix different periods of employment

for different days of the week, and to make use of one or other of two

exceptional methods of arranging the daily periods so as to permit of

periods of different length on different days; these exceptional

periods cannot be worked in addition to overtime permissible under the

general law. Laundries carried on in connexion with charitable or

reformatory institutions were brought in 1907 within the scope of the

law, but special schemes for regulation as to hours, meals, holidays,

&c., may be submitted by the managers to the secretary of state, who

is empowered to approve them if he is satisfied that they are not less

favourable than the corresponding provisions of the principal act;

such schemes shall be laid as soon as possible before both Houses of

Parliament.

Dangerous and unhealthy industries.

Night work is allowed in certain specified industries, under

conditions, for male young persons, but for no other workers under

eighteen, and overtime for women may never be later than 10 P.M. or

before 6 A.M. Sunday work is prohibited except, under conditions, for

Jews; and in factories, workshops and laundries six holidays

(generally the Bank holidays) must be allowed in the year. In

creameries in which women and young persons are employed the secretary

of state may by special order vary the beginning and end of the daily

period of employment, and allow employment for not more than three

hours on Sundays and holidays.

The general provisions of the act may be supplemented where specially

dangerous or unhealthy trades are carried on, by special regulations.

This was provided for in the law in force until 31st December 1901, as

in the existing principal act, and the power to establish rules had

been exercised between 1892 and 1901 in twenty-two trades or processes

where injury arose either from handling of dangerous substances, such

as lead and lead compounds, phosphorus, arsenic or various chemicals,

or where there is inhalation of irritant dust or noxious fumes, or

where there is danger of explosion or infection of anthrax. Before the

rule could be drawn up under the acts of 1891 to 1895, the secretary

of state had to certify that in the particular case or class of cases

in question (e.g. process or machinery), there was, in his opinion,

danger to life or limb or risk of injury to health; thereupon the

chief inspector might propose to the occupier of the factory or

workshop such special rules or measures as he thought necessary to

meet the circumstances. The occupier might object or propose

modifications, but if he did not the rules became binding in

twenty-one days; if he objected, and the secretary of state did not

assent to any proposed modification, the matters in difference had to

be referred to arbitration, the award in which finally settled the

rules or requirement to be observed. In November 1901, in the case of

the earthenware and china industry, the last arbitration of the kind

was opened and was finally concluded in 1903. The parties to the

arbitration were the chief inspector, on behalf of the secretary of

state, and the occupier or occupiers, but the workmen interested might

be and were represented on the arbitration. In the establishing of the

twenty-two sets of existing special rules only thrice has arbitration

been resorted to, and only on two of these occasions were workmen

represented. The provisions as to the arbitration were laid down in

the first schedule to the Act of 1891, and were similar to those under

the Coal Mines Regulation Acts. Many of these codes have still the

force of law and will continue until in due course revised under the

amended procedure of the act of 1901. They might not only regulate

conditions of employment, but also restrict or prohibit employment of

any class of workers; where such restriction or prohibition affected

adult workers the rules had to be laid for forty days before both

Houses of Parliament before coming into operation. The obligation to

observe the rules in detail lies on workers as well as on occupiers,

and the section in the act of 1891 providing a penalty for

non-observance was drafted, as in the case of the mines, so as to

provide for a simultaneous fine for each (not exceeding two pounds for

the worker, not exceeding ten pounds for the employer).

The provisions as to special regulations of the act of 1901 touch

primarily the method of procedure for making the regulations, but they

also covered for the first time domestic workshops and added a power

as to the kind of regulations that may be made; further, they

strengthened the sanction for observance of any rules that may be

established, by placing the occupier in the same general position as

regards penalty for non-observance as in other matters under the act.

On the certificate of the secretary of state that any manufacture,

machinery, plant, process or manual labour used in factories or

workshops is dangerous or injurious to life, health or limb, such

regulations as appear to the secretary of state to meet the necessity

of the case may be made by him after he has duly published notice: (1)

of his intention; (2) of the place where copies of the draft

regulations can be obtained; and (3) of the time during which

objections to them can be made by persons affected. The secretary of

state may modify the regulations to meet the objections made. If not,

unless the objection is withdrawn or appears to him frivolous, he

shall, before making the regulations, appoint a competent person to

hold a public inquiry with regard to the draft regulations and to

report to him thereon. The inquiry is to be made under such rules as

the secretary of state may lay down, and when the regulations are

made, they must be laid as soon as possible before parliament. Either

House may annul these regulations or any of them, without prejudice to

the power of the secretary of state to make new regulations. The

regulations may apply to all factories or workshops in which the

certified manufacture, process, &c., is used, or to a specified class.

They may, among other things, (a) prohibit or limit employment of any

person or class of persons; (b) prohibit, limit, or control use of any

material or process; (c) modify or extend special regulations

contained in the Act. Regulations have been established among others

in the following trades and processes: felt hat-making where any

inflammable solvent is used; file-cutting by hand; manufacture of

electric accumulators; docks, processes of loading, unloading, &c.;

tar distilling; factories in which self-acting mules are used; use of

locomotives; spinning and weaving of flax, hemp and jute; manufacture

of paints and colours; heading of yarn dyed by means of lead

compounds.

Measures and particulars to piece-workers.

Although the Factory and Workshop Acts have not directly regulated

wages, they have made certain provision for securing to the worker

that the amount agreed upon shall be received: (a) by extending every

act in force relating to the inspection of weights, measures and

weighing machines for use in the sale of goods to those used in a

factory or workshop for checking or ascertaining the wages of persons

employed; (b) by ensuring that piece-workers in the textile trades

(and other trades specified by the secretary of state) shall receive,

before commencing any piece of work, clear particulars of the wages

applicable to the work to be done and of the work to which that rate

is to be applied. Unless the particulars of work are ascertainable by

an automatic indicator, they must be given to textile workers in

writing, and in the case of weavers in the cotton, worsted and woollen

trades the particulars of wages must be supplied separately to each

worker, and also shown on a placard in a conspicuous position. In

other textile processes, it is sufficient to furnish the particulars

separately to each worker. The secretary of state has used his powers

to extend this protection to non-textile workers, with suitable

modifications, in various hardware industries, including pen-making,

locks, chains, in wholesale tailoring and making of wearing apparel,

in fustian cutting, umbrella-making, brush-making and a number of

other piece-work trades. He further has in most of these and other

trades used his power to extend this protection to outworkers.

Administration.

With a view to efficient administration of the act (a) certain notices

have to be conspicuously exhibited at the factory or workshop, (b)

registers and lists kept, and (c) notices sent to the inspector by the

occupier. Among the first the most important are the prescribed

abstract of the act, the names and addresses of the inspector and

certifying surgeon, the period of employment, and specified meal-times

(which may not be changed without fresh notice to the inspector), the

air space and number of persons who may legally be employed in each

room, and prescribed particulars of exceptional employment; among the

second are the general registers of children and young persons

employed, of accidents, of lime-washing, of overtime, and lists of

outworkers; among the third are the notice of beginning to occupy a

factory or workshop, which the occupier must send within one month,

report of overtime employment, notice of accident, poisoning or

anthrax, and returns of persons employed, with such other particulars

as may be prescribed. These must be sent to the chief inspector at

intervals of not less than one and not more than three years, as may

be directed by the secretary of state.

The secretary of state for the Home Department controls the

administration of the acts, appoints the inspectors referred to in the

acts, assigns to them their duties, and regulates the manner and cases

in which they are to exercise the powers of inspectors. The act,

however, expressly assigns certain duties and powers to a chief

inspector and certain to district inspectors. Many provisions of the

acts depend as to their operation on the making of orders by the

secretary of state. These orders may impose special obligations on

occupiers and increase the stringency of regulations, may apply

exceptions as to employment, and may modify or relax regulations to

meet special classes of circumstances. In certain cases, already

indicated, his orders guide or determine the action of district

councils, and, generally, in case of default by a council he may

empower his inspectors to act as regards workplaces, instead of the

council, both under the Factory Acts and Public Health Acts.

The powers of an inspector are to enter, inspect and examine, by day

or by night, at any reasonable time, any factory or workshop (or

laundry, dock, &c.), or part of one, when he has reason to believe

that any person is employed there; to take with him a constable if he

has reasonable cause to expect obstruction; to require production of

registers, certificates, &c., under the acts; to examine, alone or in

the presence of any other person, as he sees fit, every person in the

factory or workshop, or in a school where the children employed are

being educated; to prosecute, conduct or defend before a court of

summary jurisdiction any proceeding under the acts; and to exercise

such other powers as are necessary for carrying the act into effect.

The inspector has also the duty of enforcing the Truck Acts in places,

and in respect of persons, under the Factory Acts. Certifying surgeons

are appointed by the chief inspector subject to the regulations of the

secretary of state, and their chief duties are (a) to examine workers

under sixteen, and persons under special rules, as to physical fitness

for the daily work during legal periods, with power to grant qualified

certificates as to the work for which the young worker is fit, and (b)

to investigate and report on accidents and cases of lead, phosphorus

or other poisoning and anthrax.

In 1907 there were registered as under inspection 110,276 factories,

including laundries with power, 146,917 workshops (other than men's

workshops), including laundries without power; of works under special

rules or regulations (included in the figures just given) there were

10,586 and 19,687 non-textile works under orders for supply of

particulars to piece-workers. Of notices of accidents received there

were 124,325, of which 1179 were fatal; of reported cases of poisoning

there were 653, of which 40 were fatal. Prosecutions were taken by

inspectors in 4474 cases and convictions obtained in 4211 cases. Of

persons employed there were, according to returns of occupiers, 1904,

4,165,791 in factories and 688,756 in workshops.

_Coal Mines._--The mode of progress to be recorded in the regulation of

coal mines since 1872 can be contrasted in one aspect with the progress

just recorded of factory legislation since 1878. Consolidation was again

earlier adopted when large amendments were found necessary, with the

result that by far the greater part of the law is to be found in the act

of 1887, which repealed and re-enacted, with amendments, the Coal Mines

Acts of 1872 and 1886, and the Stratified Ironstone Mines (Gunpowder)

Act, 1881. The act of 1881 was simply concerned with rules relating to

the use of explosives underground. The act of 1886 dealt with three

questions: (a) The election and payment of checkweighers (i.e. the

persons appointed and paid by miners in pursuance of section 13 of the

act of 1887 for the purpose of taking a correct account on their behalf

of the weight of the mineral gotten by them, and for the correct

determination of certain deductions for which they may be liable); (b)

provision for new powers of the secretary of state to direct a formal

investigation of any explosion or accident, and its causes and

circumstances, a provision which was later adopted in the law relating

to factories; (c) provision enabling any relatives of persons whose

death may have been caused by explosions or accidents in or about mines

to attend in person, or by agent, coroners' inquests thereon, and to

examine witnesses. The act of 1887, which amended, strengthened and

consolidated these acts and the earlier Consolidating Act of 1872, may

also be contrasted in another aspect with the general acts of factory

legislation. In scope it formed, as its principal forerunner had done, a

general code; and in some measure it went farther in the way of

consolidation than the Factory Acts had done, inasmuch as certain

questions, which in factories are dealt with by statutes distinct from

the Factory Acts, have been included in the Mines Regulation Acts, e.g.

the prohibition of the payment of wages in public-houses, and the

machinery relating to weights and measures whereby miners control their

payment; further, partly from the less changing nature of the industry,

but probably mainly from the power of expression gained for miners by

their organization, the code, so far as it went, at each stage answered

apparently on the whole more nearly to the views and needs of the

persons protected than the parallel law relating to factories. This was

strikingly seen in the evidence before the Royal Commission on Labour in

1892-1894, where the repeated expression of satisfaction on the part of

the miners with the provisions as distinct from the administration of

the code ("with a few trifling exceptions") is in marked contrast with

the long and varied series of claims and contentions put forward for

amendment of the Factory Acts.

Since the act of 1887 there have followed five minor acts, based on the

recommendation of the officials acting under the acts, while two of them

give effect to claims made by the miners before the Royal Commission on

Labour. Thus, in 1894, the Coal Mines (Checkweigher) Act rendered it

illegal for an employer ("owner, agent, or manager of any mine, or any

person employed by or acting under the instructions of any such owner,

agent, or manager") to make the removal of a particular checkweigher a

condition of employment, or to exercise improper influence in the

appointment of a checkweigher. The need for this provision was

demonstrated by a decision of the Court of Session in Edinburgh, which

upheld an employer in his claim to the right of dismissing all the

workmen and re-engaging them on condition that they would dismiss a

particular checkweigher. In 1896 a short act extended the powers to

propose, amend and modify special rules, provided for representation of

workmen on arbitration under the principal act on any matter in

difference, modified the provision for plans of mines in working and

abandoned mines, amended three of the general rules (inspection before

commencing work, use of safety lamp and non-inflammable substances for

stemming), and empowered the secretary of state by order to prohibit or

regulate the use of any explosive likely to become dangerous. In 1900

another brief act raised the age of employment of boys underground from

twelve to thirteen. In 1903 another amending act allowed as an

alternative qualification for a manager's certificate a diploma in

scientific and mining training after at least two years' study at a

university mining school or other educational institution approved by

the secretary of state, coupled with practical experience of at least

three years in a mine. In the same year the Employment of Children Act

affected children in mines to the extent already indicated in connexion

with factories. In 1905 a Coal Mines (Weighing of Minerals) Act improved

some provisions relating to appointment and pay of checkweighers and

facilities for them and their duly appointed deputies in carrying out

their duties. In 1906 the Notice of Accidents Act provided for improved

annual returns of accidents and for immediate reporting to the district

inspector of accidents under newly-defined conditions as they arise in

coal and metalliferous mines.

Act of 1887.

While the classes of mines regulated by the act of 1887 are the same

as those regulated by the act of 1872 (i.e. mines of coal, of

stratified ironstone, of shale and of fire-clay, including works above

ground where the minerals are prepared for use by screening, washing,

&c.) the interpretation of the term "mine" is wider and simpler,

including "every shaft in the course of being sunk, and every level

and inclined plane in the course of being driven, and all the shafts,

levels, planes, works, tramways and sidings, both below ground and

above ground, in and adjacent to and belonging to the mine." Of the

persons responsible under penalty for the observance of the acts the

term "owner" is defined precisely as in the act of 1872, but the term

"agent" is modified to mean "any person appointed as the

representative of the owner in respect of any mine or any part

thereof, and, as such, superior to a manager appointed in pursuance of

this act." Of the persons protected, the term "young person"

disappeared from the act, and "boy," i.e. "a male under the age of

sixteen years," and "girl," i.e. "a female under the age of sixteen

years," take their place, and the term "woman" means, as before, "a

female of the age of sixteen years and upwards." The prohibition of

employment underground of women and girls remains untouched, and the

prohibition of employment underground of boys has been successively

extended from boys of the age of ten in 1872 to boys of twelve in 1887

and to boys of thirteen in 1900. The age of employment of boys and

girls above ground in connexion with any mine is raised from ten years

in 1872 to twelve years since 1887. The hours of employment of a boy

below ground may not exceed fifty-four in any one week, nor ten in any

one day from the time of leaving the surface to the time of returning

to the surface. Above ground any boy or girl under thirteen (and over

twelve) may not be employed on more than six days in any one week; if

employed on more than three days in one week, the daily total must not

exceed six hours, or in any other case ten hours. Protected persons

above thirteen are limited to the same daily and weekly total of hours

as boys below ground, but there are further provisions with regard to

intervals for meals and prohibiting employment for more than five

hours without an interval of at least half an hour for a meal.

Registers must be kept of all protected persons, whether employed

above or below ground. Section 38 of the Public Health Act 1875, which

requires separate and sufficient sanitary conveniences for persons of

each sex, was first extended by the act of 1887 to the portions of

mines above ground in which girls and women are employed; underground

this matter is in metalliferous mines in Cornwall now provided for by

special rules. Ventilation, the only other requirement in the acts

that can be classed as sanitary, is provided for in every mine in the

"general rules" which are aimed at securing safety of mines, and

which, so far as ventilation is concerned, seek to dilute and render

harmless noxious or inflammable gases. The provision which prohibits

employment of any persons in mines not provided with at least two

shafts is made much more stringent by the act of 1887 than in the

previous code, by increasing the distance between the two shafts from

10 to 15 yds., and increasing the height of communications between

them. Other provisions amended or strengthened are those relating to

the following points: (a) Daily personal supervision of the mine by

the certificated manager; (b) classes of certificates and constitution

of board for granting certificates of competency; (c) plan of workings

of any mine to be kept up to a date not more than three months

previously at the office of the mine; (d) notice to be given to the

inspector of the district by the owner, agent or manager, of accidents

in or about any mine which cause loss of life or serious personal

injury, or are caused by explosion of coal or coal dust or any

explosive or electricity or any other special cause that the secretary

of state specifies by order, and which causes any personal injury to

any person employed in or about the mine; it is provided that the

place where an explosion or accident occurs causing loss of life or

serious personal injury shall be left for inspection for at least

three days, unless this would tend to increase or continue a danger or

impede working of the mine: this was new in the act of 1887; (e)

notice to be given of opening and abandonment of any mine: this was

extended to the opening or abandonment of any seam; (f) plan of an

abandoned mine or seam to be sent within three months; (g) formal

investigation of any explosion or accident by direction of the

secretary of state: this provision, first introduced by the act of

1886, was modified in 1887 to admit the appointment by the secretary

of state of "any competent person" to hold the investigation, whereas

under the earlier section only an inspector could be appointed.

General rules.

The "general rules" for safety in mines have been strengthened in many

ways since the act of 1872. Particular mention may be made of rule 4

of the act of 1887, relating to the inspection of conditions as to gas

ventilation beyond appointed stations at the entrance to the mine or

different parts of the mine; this rule generally removed the earlier

distinction between mines in which inflammable gas has been found

within the preceding twelve months, and mines in which it has not been

so found; of rules 8, 9, 10 and 11, relating to the construction, use,

&c., of safety lamps, which are more detailed and stringent than rule

7 of the act of 1872, which they replaced; of rule 12, relating to the

use of explosives below ground; of rule 24, which requires the

appointment of a competent male person not less than twenty-two years

of age for working the machinery for lowering and raising persons at

the mine; of rule 34, which first required provision of ambulances or

stretchers with splints and bandages at the mine ready for immediate

use; of rule 38, which strengthened the provision for periodical

inspection of the mine by practical miners on behalf of the workmen at

their own cost. With reference to the last-cited rule, during 1898 a

Prussian mining commission visited Great Britain, France and Belgium,

to study and compare the various methods of inspection by working

miners established in these three countries. They found that, so far

as the method had been applied, it was most satisfactory in Great

Britain, where the whole cost is borne by the workers' own

organizations, and they attributed part of the decrease in number of

accidents per thousand employed since 1872 to the inauguration of this

system.

Special rules.

The provisions as to the proposal, amendment and modification of

"special rules," last extended by the act of 1896, may be contrasted

with those of the Factory Act. In the latter it is not until an

industry or process has been scheduled as dangerous or injurious by

the secretary of state's order that occasion arises for the formation

of special rules, and then the initiative rests with the Factory

Department whereas in mines it is incumbent in every case on the

owner, agent or manager to propose within three months of the

commencement of any working, for the approval of the secretary of

state, special rules best calculated to prevent dangerous accidents,

and to provide for the safety, convenience and proper discipline of

the persons employed in or about the mine. These rules may, if they

relate to lights and lamps used in the mine, description of

explosives, watering and damping of the mine, or prevention of

accidents from inflammable gas or coal dust, supersede any general

rule in the principal act. Apart from the initiation of the rules, the

methods of establishing them, whether by agreement or by resort to

arbitration of the parties (i.e. the mine owners and the secretary of

state), are practically the same as under the Factory Act, but there

is special provision in the Mines Acts for enabling the persons

working in the mine to transmit objections to the proposed rules, in

addition to their subsequent right to be represented on the

arbitration, if any.

Of the sections touching on wages questions, the prohibition of the

payment of wages in public-houses remains unaltered, being re-enacted

in 1887; the sections relating to payment by weight for amount of

mineral gotten by persons employed, and for checkweighing the amount

by a "checkweigher" stationed by the majority of workers at each place

appointed for the weighing of the material, were revised, particularly

as to the determination of deductions by the act of 1887, with a view

to meeting some problems raised by decisions on cases under the act of

1872. The attempt seems not to have been wholly successful, the

highest legal authorities having expressed conflicting opinions on the

precise meaning of the terms "mineral contracted to be gotten." The

whole history of the development of this means of securing the

fulfilment of wage contract to the workers may be compared with the

history of the sections affording protection to piece-workers by

particulars of work and wages in the textile trades since the Factory

Act of 1891.

Administration.

As regards legal proceedings, the chief amendments of the act of 1872

are: the extension of the provision that the "owner, agent, or

manager" charged in respect of any contravention by another person

might be sworn and examined as an ordinary witness, to any person

charged with any offence under the act. The result of the proceedings

against workmen by the owner, agent or manager in respect of an

offence under the act is to be reported within twenty-one days to the

inspector of the district. The powers of inspectors were extended to

cover an inquiry as to the care and treatment of horses and other

animals in the mine, and as to the control, management or direction of

the mine by the manager.

An important act was passed in 1908 (Coal Mines Regulation Act 1908)

limiting the hours of work for workmen below ground. It enacted that,

subject to various provisions, a workman was not to be below ground in a

mine for the purpose of his work, and of going to and from his work, for

more than eight hours in any consecutive twenty-four hours. Exception

was made in the case of those below ground for the purpose of rendering

assistance in the event of an accident, or for meeting any danger, or

for dealing with any emergency or work incompleted, through unforeseen

circumstances, which requires to be dealt with to avoid serious

interference in the work of the mine. The authorities of every mine must

fix the times for the lowering and raising of the men to begin and be

completed, and such times must be conspicuously posted at the pit head.

These times must be approved by an inspector. The term "workman" in the

act means any person employed in a mine below ground who is not an

official of the mine (other than a fireman, examiner or deputy), or a

mechanic or a horse keeper or a person engaged solely in surveying or

measuring. In the case of a fireman, examiner, deputy, onsetter, pump

minder, fanman or furnace man, the maximum period for which he may be

below ground is nine hours and a half. A register must be kept by the

authorities of the mine of the times of descent and ascent, while the

workmen may, at their own cost, station persons (whether holding the

office of checkweigher or not) at the pit head to observe the times. The

authorities of the mine may extend the hours of working by one hour a

day on not more than sixty days in one calendar year (s. 3). The act may

be suspended by order in council in the event of war or of imminent

national danger or great emergency, or in the event of any grave

economic disturbance due to the demand for coal exceeding the supply

available at any time. The act came into force on the 1st of July 1909

except for the counties of Northumberland and Durham where its operation

was postponed until the 1st of January 1910.

In 1905 the number of coal-mines reported on was 3126, and the number

of persons employed below ground was 691,112 of whom 43,443 were under

16 years of age. Above ground 167,261 were employed, of whom 6154 were

women and girls. The number of separate fatal accidents was 1006,

causing the loss of 1205 lives. Of prosecutions by far the greater

number were against workmen, numbering in coal and metalliferous mines

953; owners and managers were prosecuted in 72 cases, and convictions

obtained in 43 cases.

_Quarries._--From 1878 until 1894 open quarries (as distinct from

underground quarries regulated by the Metalliferous Mines Regulation

Act) were regulated only by the Factory Acts so far as they then

applied. It was laid down in section 93 of the act of 1878 (41 Vict. c.

16), that "any premises or place shall not be excluded from the

definition of a factory or workshop by reason only that such premises,

&c., are or is in the open air," thereby overruling the decision in

_Kent_ v. _Astley_ that quarries in which the work, as a whole, was

carried on in the open air were not factories; in a schedule to the same

act quarries were defined as "any place not being a mine in which

persons work in getting slate, stone, coprolites or other minerals." The

Factory Act of 1891 made it possible to bring these places in part under

"special rules" adapted to meet the special risks and dangers of the

operations carried on in them, and by order of the secretary of state

they were certified, December 1892, as dangerous, and thereby subject to

special rules. Until then, as reported by one of the inspectors of

factories, quarries had been placed under the Factory Acts without

insertion of appropriate rules for their safe working, and many of them

were "developed in a most dangerous manner without any regard for

safety, but merely for economy," and managers of many had "scarcely seen

a quarry until they became managers." In his report for 1892 it was

recommended by the chief inspector of factories that quarries should be

subject to the jurisdiction of the government inspectors of mines. At

the same time currency was given, by the published reports of the

evidence before the Royal Commission on Labour, to the wish of large

numbers of quarrymen that open as well as underground quarries should

come under more specialized government inspection. In 1893 a committee

of experts, including inspectors of mines and of factories, was

appointed by the Home Office to investigate the conditions of labour in

open quarries, and in 1894 the Quarries Act brought every quarry, as

defined in the Factory Act 1878, any part of which is more than 20 ft.

deep, under certain of the provisions of the Metalliferous Mines Acts,

and under the inspection of the inspectors appointed under those acts;

further, it transferred the duty of enforcing the Factory and Workshop

Acts, so far as they apply in quarries over 20 ft. deep, from the

Factory to the Metalliferous Mines inspectors.

The provisions of the Metalliferous Mines Acts 1872 and 1875, applied to

quarries, are those relating to payment of wages in public-houses,

notice of accidents to the inspector, appointment and powers of

inspectors, arbitration, coroners' inquests, special rules, penalties,

certain of the definitions, and the powers of the secretary of state

finally to decide disputed questions whether places come within the

application of the acts. For other matters, and in particular fencing of

machinery and employment of women and young persons, the Factory Acts

apply, with a proviso that nothing shall prevent the employment of young

persons (boys) in three shifts for not more than eight hours each. In

1899 it was reported by the inspectors of mines that special rules for

safety had been established in over 2000 quarries. In the reports for

1905 it was reported that the accounts of blasting accidents indicated

that there was "still much laxity in observance of the Special rules,

and that many irregular and dangerous practices are in vogue." The

absence or deficiency of external fencing to a quarry dangerous to the

public has been since 1887 (50 & 51 Vict. c. 19) deemed a nuisance

liable to be dealt with summarily in the manner provided by the Public

Health Act 1875.

In 1905, 94,819 persons were employed, of whom 59,978 worked inside

the actual pits or excavations, and 34,841 outside. Compared with

1900, there was a total increase of 924 in the number of persons

employed. Fatal accidents resulted in 1900 in 127 deaths; compared

with 1899 there was an increase of 10 in the number of deaths, and, as

Professor Le Neve Foster pointed out, this exceeded the average

death-rate of underground workers at mines under the Coal Mines Acts

during the previous ten years, in spite of the quarrier "having

nothing to fear from explosions of gas, underground fires or

inundations." He attributed the difference to a lax observance of

precautions which might in time be remedied by stringent

administration of the law. In 1905 there were 97 fatal accidents

resulting in 99 deaths. In 1900 there were 92 prosecutions against

owners or agents, with 67 convictions, and 13 prosecutions of workers,

with 12 convictions, and in 1905 there were 45 prosecutions of owners

or agents with 43 convictions and 9 prosecutions of workmen with 5

convictions.

Payment of wages in public-houses.

In 1883 a short act extended to all "workmen" who are manual labourers

other than miners, with the exception of domestic or menial servants,

the prohibition of payment of wages in public-houses, beer-shops and

other places for the sale of spirituous or fermented liquor, laid down

in the Coal Mines Regulations and Metalliferous Mines Regulation Acts.

The places covered by the prohibition include any office, garden or

place belonging to or occupied with the places named, but the act does

not apply to such wages as are paid by the resident, owner or occupier

of the public-house, beer-shop and other places included in the

prohibition to any workman _bona fide_ employed by him. The penalty

for an offence against this act is one not exceeding £10 (compare the

limit of £20 for the corresponding offence under the Coal Mines Act),

and all offences may be prosecuted and penalties recovered in England

and Scotland under the Summary Jurisdiction Acts. The act does not

apply to Ireland, and no special inspectorate is charged with the duty

of enforcing its provisions.

_Shop Hours._--In four brief acts, 1892 to 1899, still in force, the

first very limited steps were taken towards the positive regulation of

the employment of shop assistants. In the act of 1904 certain additional

optional powers were given to any local authority making a "closing

order" fixing the hour (not earlier than 7 P.M. or on one day in the

week 1 P.M.) at which shops shall cease to serve customers throughout

the area of the authority or any specified part thereof as regards all

shops or as regards any specified class of shops. Before such an order

can be made (1) a prima facie case for it must appear to the local

authority; (2) the local authority must inquire and agree; (3) the order

must be drafted and sent for confirmation or otherwise to the central

authority, that is, the secretary of state for the Home Department; (4)

the order must be laid before both Houses of Parliament. The Home Office

has given every encouragement to the making of such orders, but their

number in England is very small, and the act is practically inoperative

in London and many large towns where the need is greatest. As the

secretary of state pointed out in the House of Commons on the 1st of May

1907, the local authorities have not taken enough initiative, but at the

same time there is a great difficulty for them in obtaining the required

two-thirds majority, among occupiers of the shops to be affected, in

favour of the order, and at the same time shop assistants have no power

to set the law in motion. In England 364 local authorities have taken no

steps, but in Scotland rather better results have been obtained. The

House resolved, on the date named, that more drastic legislation is

required. As regards shops, therefore, in place of such general codes as

apply to factories, laundries, mines--only three kinds of protective

requirement are binding on employers of shop assistants: (1) Limitation

of the weekly total of hours of work of persons under eighteen years of

age to seventy-four inclusive of meal-times; (2) prohibition of the

employment of such persons in a shop on the same day that they have, to

the knowledge of the employer, been employed in any factory or workshop

for a longer period than would, in both classes of employment together,

amount to the number of hours permitted to such persons in a factory or

workshop; (3) provision for the supply of seats by the employer, in all

rooms of a shop or other premises where goods are retailed to the

public, for the use of female assistants employed in retailing the

goods--the seats to be in the proportion of not fewer than one to every

three female assistants. The first two requirements are contained in the

act of 1892, which also prescribed that a notice, referring to the

provisions of the act, and stating the number of hours in the week

during which a young person may be lawfully employed in the shop, shall

be kept exhibited by the employer; the third requirement was first

provided by the act of 1899. The intervening acts of 1893 and 1895 are

merely supplementary to the act of 1892; the former providing for the

salaries and expenses of the inspectors which the council of any county

or borough (and in the City of London the Common Council) were

empowered by the act of 1892 to appoint; the latter providing a penalty

of 40s. for failure of an employer to keep exhibited the notice of the

provisions of the acts, which in the absence of a penalty it had been

impossible to enforce. The penalty for employment contrary to the acts

is a fine not exceeding £1 for each person so employed, and for failure

to comply with the requirements as to seats, a fine not exceeding £3 for

a first offence, and for any subsequent offence a fine of not less than

£1 and not exceeding £5.

Encyclopaedia Britannica, 11th Edition, "L" to "Lamellibranchia" Volume 16, Slice 1 · 第 21 / 71 题