Committee Reports::Reports and Proceedings - Factories Bill, 1954 ::03 February, 1955::Proceedings of the Joint Committee

IMEACHTA AN CHOISTE SPEISIALTA.

PROCEEDINGS OF THE SPECIAL COMMITTEE.

Déardaoin, 3 Feabhra, 1955.

Thursday, 3rd February, 1955.

1. The Committee met at 2 p.m.


2. Members Present.


The following members were present:—


Deputy Kyne (in the Chair), the Minister for Industry and Commerce, Deputies Belton, Donegan, Hilliard, J. Larkin, Lemass, Mrs. Lynch, T. Lynch and McGrath.


3. Consideration of Bill.


The Committee resumed consideration of the Bill.


(i) New section.


Amendment proposed (Minister for Industry and Commerce):


“Before section 31 to insert a new section as follows:—


‘31.—(1) A person shall not work at any machine to which this subsection applies unless he has been fully instructed as to the dangers arising in connection therewith and the precautions to be observed, and—


(a) has received a sufficient training in work at the machine, or


(b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine.


(2) Subsection (1) of this section applies to such machines as may be specified in regulations made by the Minister, being machines which in his opinion are of such a dangerous character that persons ought not to work at them unless the requirements of subsection (1) of this section are complied with.


(3) In this section—


“machine” includes any steam boiler, steam receiver or air receiver;


any reference to working at a machine shall—


(a) in the case of a steam boiler, be construed as including a reference to working in connection with the generation of steam from that boiler,


(b) in the case of a steam receiver, be construed as including a reference to working in connection with the use of steam in that receiver, and


(c) in the case of an air receiver, be construed as including a reference to working in connection with the use of compressed air in that receiver.’”


Question:—“That the new section be there inserted”—put, and agreed to.


(ii) Section 31 deleted.


(iii) Section 32.


Amendment proposed (Deputy J. Larkin):


“Before subsection (8) to insert a new subsection as follows:—


‘(8) Where a hoist or lift is not intended for carrying persons and does not comply with the provisions of the preceding subsection it shall be an offence under this Act to permit a person or persons to be so carried in such hoist or lift.’”


Amendment, by leave, withdrawn.


Section agreed to.


(iv) Section 33 agreed to.


(v) Section 34.


Amendment proposed (Deputy J. Larkin):


“Before subsection (8) to insert a new subsection as follows:—


‘(8) It shall be an offence under this Act to permit any person or persons to be carried or lifted by a lifting machine.’”


Amendment, by leave, withdrawn.


Section agreed to.


(vi) Sections 35 to 38 inclusive, agreed to.


(vii) Section 39.


Amendment proposed (Minister for Industry and Commerce):


“In subsection (1), page 25, line 20, to delete ‘in pounds per square inch’.”


Amendment agreed to.


Section, as amended, agreed to.


(viii) Section 40.


Amendment proposed (Minister for Industry and Commerce):


“In subsection (1), page 27, lines 60 and 61, to delete ‘in pounds per square inch’”.


Amendment agreed to.


Amendment proposed (Minister for Industry and Commerce):


“In subsection (8), page 28, line 33, to delete ‘section’ and substitute ‘Part of this Act’”.


Amendment agreed to.


Section, as amended, agreed to.


(ix) Section 41.


Amendment proposed (Minister for Industry and Commerce):


“In subsection (1), page 29, line 5, to delete ‘in pounds per square inch’.”


Amendment agreed to.


Amendment proposed (Minister for Industry and Commerce):


“In subsection (8), page 29, line 43, to delete ‘section’ and substitute ‘Part of this Act’.”


Amendment agreed to.


Section, as amended, agreed to.


(x) Section 42 agreed to.


(xi) Section 43.


Amendment proposed (Deputy J. Larkin):


“In subsection (3), line 15, before ‘at’ to insert ‘within two years of the coming into operation of this Act and thereafter’.”


Amendment, by leave, withdrawn.


Amendment proposed (Minister for Industry and Commerce):


“In subsection (3), page 30, line 15, to insert ‘and also, in the case of a gasholder in use at the commencement of this section, at least once during the period of two years from such commencement,’ before ‘ be ’.”


Amendment agreed to.


Section, as amended, agreed to.


(xii) Section 44.


Amendment proposed (Deputy J. Larkin):


“In subsection (2), line 49, to delete ‘ five ’ and substitute ‘ ten ’.”


Amendment agreed to.


Amendment proposed (Deputy J. Larkin):


“In subsection (18), paragraph (a), line 6, to delete ‘ twenty ’ and substitute ‘ five ’.”


Amendment, by leave, withdrawn.


Amendment proposed (Minister for Industry and Commerce):


“In subsection (18), page 33, lines 10 and 15, to delete ‘ ten ’ and substitute‘ five’”.


Amendment agreed to.


Section, as amended, agreed to.


(xiii) Sections 45 to 50 inclusive, agreed to.


(xiv) Section 51.


Amendment proposed (Minister for Industry and Commerce):


“Before subsection (3), to insert a new subsection as follows:—


‘(3) In subsection (2) of this section “suitable vessels” does not include open barrels, pails, tanks or other containers from which the water must be obtained by dipping or pouring, whether they are fitted with covers or not.’”


Amendment agreed to.


Section, as amended, agreed to.


(xv) Section 52.


Amendment proposed (Deputy J. Larkin):


“To delete subsection (3), lines 40 to 47.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy J. Larkin):


“To add to the section a new subsection as follows:—


‘(4) The use of common towels shall be prohibited, and where towels are provided they shall be individual cloth towels or paper towels.’”


Amendment, by leave, withdrawn.


Section agreed to.


(xvi) Section 53.


Amendment proposed (Deputy J. Larkin):


“In subsection (1), line 49, before ‘adequate’ to insert ‘in rooms separate from the workrooms’.”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy J. Larkin):


“To add to the section two new subsections as follows:—


‘(4) Separate accommodation shall be made available for all persons whose working clothes are exposed to contamination with poisonous, infectious, irritating or radioactive substances. Such accommodation shall be provided with well separated facilities for street and working clothes.


(5) Rooms in which accommodation for clothing is provided shall contain individual lockers of adequate size and with adequate ventilation for clothing taken off during working hours, and benches or other suitable seating arrangements. Such rooms and lockers shall be kept in a clean state and suitable arrangements made for their periodical disinfection.’”


Amendment, by leave, withdrawn.


Section agreed to.


(xvii) Section 54.


Amendment proposed (Minister for Industry and Commerce):


“To add to the section a new subsection as follows:—


‘ (2) The Minister may, by regulations, prescribe a standard of suitable facilities for sitting for factories or any class or description of factory or parts thereof, or for any process.’”


Amendment agreed to.


Section, as amended, agreed to.


(xviii) Section 55.


Amendment proposed (Deputy J. Larkin):


“Before subsection (5) to insert a new subsection as follows:—


‘(5) The contents of each first aid box or cupboard shall be inspected at least once in every week, and if necessary replenished after each occasion of use. Every first aid box or cupboard shall contain simple and readily understandable instructions to be followed in emergencies, and such instructions shall be kept legible and clear.’”


Amendment, by leave, withdrawn.


Section agreed to.


(xix) New sections.


Amendment proposed (Deputy J. Larkin):


“Before section 56 to insert a new section as follows:—


‘The Minister may, by regulation, prescribe as respects any class or description of factory or as respects the persons employed on any process, a standard of suitable protective clothing and clothing of such standard shall be provided by the occupier of that particular class or description of factory or by the employer of persons employed on such process without charge to the employee. The regulations may also prescribe for the maintenance of such protective clothing in a proper condition and for its renewal when necessary.’”


Amendment, by leave, withdrawn.


Amendment proposed (Deputy J. Larkin):


“Before section 56 to insert a new section as follows:—


‘(1) In all factories a room, where meals may be taken, shall be provided which shall be adequate for that purpose. Such room shall be completely separate from the workroom and reserved exclusively for the purpose of taking meals.


(2) Covered receptacles shall be provided for disposing of waste food and refuse, and such receptacles shall be emptied at least once each day.


(3) Where required, suitable and adequate facilities for preparing or heating meals, including the heating of water, shall be provided in such room or convenient to it.’”


Amendment, by leave, withdrawn.


(xx) Section 56.


Amendment proposed (Deputy J. Larkin):


“In subsection (1), to delete all words from and including ‘ owing ’ in line 46, down to and including ‘ on ’ in line 48.”


Amendment agreed to.


Section, as amended, agreed to.


(xxi) Section 57 agreed to.


(xxii) Section 58.


Amendment proposed (Minister for Industry and Commerce):


“In subsection (1), page 39, line 12, to insert ‘or a process is carried on which gives rise to siliceous dust or asbestos dust,’ before ‘a person’.”


Amendment agreed to.


Amendment proposed (Minister for Industry and Commerce):


“In subsection (1), page 39, lines 15 and 16, to delete ‘ other than intervals allowed in the course of a spell of continuous employment’.”


Amendment agreed to.


Amendment proposed (Minister for Industry and Commerce):


“To delete subsection (2).”


Amendment agreed to.


Section, as amended, agreed to.


(xxiii) Sections 59 to 63 inclusive, agreed to.


(xxiv) Section 64.


Amendment proposed (Minister for Industry and Commerce):


“Before subsection (2) to insert the following subsections:—


‘(2) Where, as respects any basement bakehouse, the Minister is satisfied—


(a) that it was in use as a bakehouse on the 7th day of July, 1954, and


(b) that it is suitable for use as a bakehouse as regards construction, height, light, ventilation, hygiene and means of escape in case of fire,


the Minister may by certificate, exempt such basement bakehouse from subsection (1) of this section.


(3) Notwithstanding any other provision of this Act, a certificate issued under subsection (2) of this section shall be for a specified period not exceeding five years, but such certificate may be renewed.’”


Amendment agreed to.


Section, as amended, agreed to.


(xxv) Section 65 agreed to.


(xxvi) Section 66.


Amendment proposed (Minister for Industry and Commerce):


“In subsection (1), page 42, line 16, to delete ‘young ’.”


Amendment agreed to.


Section, as amended, agreed to.


(xxvii) Sections 67, 68 and 69 agreed to.


(xxviii) Section 70.


Amendment proposed (Deputy J. Larkin):


“In subsection (1), line 53, to delete ‘bodily ’.”


Amendment, by leave, withdrawn.


Section agreed to.


(xxix) Section 71 agreed to.


(xxx) New section.


Amendment proposed (Minister for Industry and Commerce):


“Before section 72 (but in Part V) to insert a new section as follows:—


‘72—Where the persons employed in a factory have selected from among themselves a committee (in this section referred to as the Safety Committee) for the purpose of giving advice and assistance relating to the safety and health of the persons employed, the following provisions shall have effect:


(a) the Safety Committee may request the occupier of the factory to make an entry in the general register noting—


(i) the establishment of the Safety Committee, and


(ii) if the Safety Committee has nominated one of its members to be the Safety Delegate for the purposes of this section, the name of the Safety Delegate,


(b) the occupier shall consider any representations made to him by the Safety Committee on matters affecting the safety and health of the persons employed,


(c) an inspector shall consider any representations made to him by the Safety Delegate,


(d) an inspector shall be entitled, should he so wish, to have the Safety Delegate accompany him on his tour of inspection of the factory or any part of such tour.’”


Amendment proposed to the proposed new section (Deputy Lemass):


“In lines 3 and 4, to delete ‘ giving advice and assistance ’ and substitute ‘ assisting the occupier in securing compliance by persons employed in the factory with the provisions of this Act’.”


Debate ensued.


Further consideration of the Bill adjourned.


4. Adjournment.


The Committee adjourned at 4.50 p.m. until 10.30 a.m. on Friday, 11th February, 1955.