The Factories Act 1961 (9 & 10 Eliz. 2. c. 34) is an act of the Parliament of the United Kingdom. At the time of its passage, the act consolidated much legislation on workplace health, safety and welfare 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 Though some of it remains in force, it has largely been superseded by the Health and Safety at Work etc.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.
However, the act continues to have a legal importance as cases of chronic workplace exposure to hazards such as industrial noise, as in the Nottinghamshire and Derbyshire deafness litigation,Parkes v. Meridian Ltd EWHC B1 (QB) or carcinogensNovartis Grimsby Ltd v. Cookson EWCA Civ 1261 often extend back in time beyond the current legislation.
Breach of the residual provisions is still a crime punishable on summary conviction in a magistrates' court by a fine of up to £20,000 or, on indictment in the Crown Court, imprisonment for up to two years and an unlimited fine.Health and Safety at Work etc. Act 1974, s.33(3)
In the event of damage 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 in that tort.Halsbury's Laws of England (4th edition) (2004 reissue), vol. 20(1), para. 623 A breach not actionable in itself may be evidential towards a claim for common law negligence. In particular, a criminal conviction may be given in evidence.Civil Evidence Act 1968, s.11
Background
The act was the final consolidation of a line of legislation under Factory Acts 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.Cullen (1996)Walker v. Bletchley-Flettons Ltd 1 All ER 170
Definition of "factory"
Section 175 of the act defines "factory" as premises in which persons are employed in manual labour 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 of cattle, sheep, swine, goats, horses, asses or mules; 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 and printing works (s. 175(2)).
Health (general provisions)
Sections 1 to 7 define general broad requirements for healthy factory working conditions:
Cleanliness; Overcrowding; Temperature; Ventilation; Lighting; Drainage of floors; and Sanitary conveniences.
These provisions were repealed and superseded, as far as they applied to "workplaces", by the Workplace (Health, Safety and Welfare) Regulations 1992Reg.27/ Sch.2 with effect from 1 January 1993 for new workplaces and 1 January 1996 for established workplaces.Reg.1 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.Workplace (Health, Safety and Welfare) Regulations 1992, reg.3
Section 10A was added by the Employment Medical Advisory Service Act 1972S.3 and gives powers to the Employment Medical Advisory Service to order medical examination and supervision of employees.
Section 11 gave the Minister of State, as of 2008 the minister at the Department for Work and Pensions, 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.Factories Act 1961 etc (Repeals and Modifications) Regulations 1974, SI 1974/1941, reg.7/ Sch.1; Employment Act 1989
Safety (general provisions)
Sections 12 to 39 defined specific requirements for machinery safety but many have been repealed and superseded.
Sections still in force As of 2008, the following sections remain fully in force:
24 Secure fencing and handrails for teagle openings and doorways; 39 Water-sealed 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".
18 Dangerous substances 28 Construction and maintenance of floors and safe means of access.
Repealed and superseded sections 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:Regs.1(2)(3), 2, 27(1)/ Sch.2, Pt.I (with reg.27(2))
12 Prime movers; Transmission machinery; Other machinery; Provisions as to unfenced machinery;Construction and maintenance of fencing;Construction and sale of machinery; and 19 Self-acting machines.
The following sections were repealed and superseded by the Health and Safety (Young Persons) Regulations 1997 on 3 March 1997:Reg.3/ Sch. Pt.1
20 Cleaning of machinery by young persons; and Training 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 on 5 December 1998:
22 Hoists and lifts – general; 26 Cranes and other lifting machines; and Chains, ropes and lifting tackle. The following sections were repealed and superseded by the Confined Spaces Regulations 1997 on 5 December 1998:Reg.15
23 Hoists and lifts used for carrying persons; and 30 Protection from dangerous fumes and lack of oxygen
The following section was revoked and superseded by Schedule 7 of the Dangerous Substances and Explosive Atmospheres Regulations 2002 on 9 December 2002.
31 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:reg.26/ Sch.6, Pt.I
32 Steam boilers – attachments and construction; and steam boilers – maintenance, examination and use.
The following sections were repealed and superseded by the Pressure Systems Safety Regulations 2000 on 21 February 2000:Reg.18
34 Steam boilers – restrictions on entry; Steam receivers and steam containers; and< Air receivers.
Sections 40 to 52 applied to fire safety and were repealed in 1976 when the Fire Precautions Act 1971 was extended to require fire certificates for a wide class of works premises.Fire Precautions (Factories, Offices, Shops and Railway Premises) Regulations 1976, SI 1976/2009, revoked and superseded by SI 1989/76
Welfare (general provisions)
Sections 57 to 60 define general broad requirements for factory welfare:
Supply of drinking water; Washing facilities; Accommodation for clothing; and 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, has been repealed,Health and Safety (First-Aid) Regulations 1981, SI 1981/917, reg.7/ Sch.1 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 or arsenic was processed (s. 64), and forbidding women and young people from working at foundries with lead or zinc, or "mixing or pasting in connection with the manufacture or repair of electric accumulators" (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 requirements for the statutory reporting of deaths, injuries and diseases 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 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 (ss. 8–10, 53–56) but, as of 1974, general responsibility falls to the Health and Safety Executive though they are often able to delegate this to local authorities.Health and Safety at Work etc. Act 1974, s. 18
Repealed enactments Section 183(2) of the act repealed 6 enactments, listed in the seventh schedule to the act.
CitationShort titleExtent of repeal16 & 17 Geo. 5. c. 37Lead Paint (Protection against Poisoning) Act 1926The whole act.26 Geo. 5 & 1 Edw. 8. c. 24Employment of Women and Young Persons Act 1936The whole act.1 Edw. 8 & 1 Geo. 6. c. 67Factories Act 1937The whole act.11 & 12 Geo. 6. c. 55Factories Act 1948The whole act.6 & 7 Eliz. 2. c. 70Slaughterhouses Act 1958Section seven.7 & 8 Eliz. 2. c. 67Factories Act 1959The whole act.
Factories Act (Northern Ireland) 1965
The Factories Act 1961 did not extend to Northern Ireland, but the Parliament of Northern Ireland enacted similar provisions in its Factories Act (Northern Ireland) 1965 (c. 20 (N.I.)), 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 (SI 1978/1039) (NI 9) such as the Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993.SR 1993/37
Subsequent developments Section 183(2) of, and schedule 7 to, the act, together with words in section 185(3), were repealed by section 1 of, and part XI of the schedule to, the Statute Law (Repeals) Act 1974, which came into force on 27 June 1974.
Notes
References
Bibliography Various authors, Tolley's Health and Safety at Work Handbook 2008 (Butterworths 2007) Lord Mackay of Clashfern, Halsbury's Laws of England (4th edn 2004) Vol 20, "Health and Safety at Work" JR Ridley and J Channing, Safety at Work (Butterworth-Heinemann 2003) J Stranks, Health and Safety Law (5th edn Prentice Hall 2005) W Cullen, The development of safety legislation (Royal Society of Edinburgh 1996)
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