- Email: [email protected]
The factory and workshops act, 1901
1914.
PUBLIC
without actual closure. He thought there was something more than the rise in the price of building material to account for the lack of house building. All parts of the country were suffering from this shortage of accommodation. :fie was not sure that local authorities did not make matters worse by competing with private enterprise. A local authority gave better value in houses than a private builder, and they also got the better class of tenant; and he agreed with Dr. Smith that housing inlprovenaents in a district led to the lower class of dwelling being rendered worse. DR. McDoNALD pointed out that a house which had been closed and converted into a warehouse could be dealt with under the Housing Act of 19o3, if it were reoccupied as a dwelling. DR. HEMBROUGH said that houses differed so considerably that it was practically impossible to fix any standard of unfitness. He thought they could not condemn an entire house because the attic only was insufficiently lighted or ventilated. The question of dilapidated out-offices was one of degree. Some might be so defective as to render the dwellings without conveniences at all. One great difficulty in colliery villages was that there was no accommodation for the tenants while a house was being repaired ; this might be perhaps obviated by the provision of temporary huts. THE
F A C T O R Y AND W O R K S H O P S ACT, 19o1.* Being the Report ofa Discussionby DR. R. E. LAUDER, Medical Officer of Health, Southampton.
THE increasing
facilities for introducing motor power into workshops make the definition of a factory under the Factory and Workshops Act, 19Ol, of added importance to Local Authorities. The Act of 19Ol, which consolidates the various Factory Acts, was introduced by the then Home Secretary as a result of extensive experience of work done in factories, and has had a very marked effect in reducing morbidity and mortality rates in large industrial centres. The Act is divided into ten parts, and it is evident in each part that it is solely intended for the protection of the workers. It deals with hours of employment of women, young persons and children, dangerous and unhealthy industries, etc., but in no particular does it provide any safeguard for the storing or preparation of the food of man. *Discussed by the Soutbern Branch of the Society of Medical Officers of Healths on ]Friday, May ~st, 1914.
HEALTH.
375
A factory is defined practically as a place where machinery is worked by other than manual power. In Southampton, Where electricity for motor power is supplied at ~d. per unit, most of the bakehouses have set up motors for mixing dough, with the result that such bakehouses have become factories, and, according to the Factory Act, the Local Authority have only to deal with (ISt) means of escape in case of fire, and (2nd) to take action under the Public Health Act when the factory inspector reports defective sanitary conveniences. It follows that as regards premises where the principal food of a community is prepared, the Local Authority has no longer jurisdiction to exercise a constant and careful supervision over premises where flour is stored, prepared for food and placed prior to distribution. Any person who has had experience in going through bakehouses will readily appreciate what the lack of this supervision must mean after a very short time. It was evidently in the mind of those who framed the Act of t9ol to give special power to the Local Authority for the control of what they call retail bakehouses, i.e., places where food is prepared to be sold retail to the inhabitants. Sec. lO2 states : " A s respects every retail bakehouse, the provisions of this part of this Act shall be enforced by the district council of the district in which the retail bakehouse is situate and not by an inspector; and for the purpose of this section the medical officer of health of the district council shall have and may exercise all the powers of entry, inspection, taking legal proceedings and otherwise of an inspector." The next paragraph of the same section defines the expression " Retail Bakehouse" as meaning any bakehouse or place not being a factory, the bread, bisGuits or confectionery baked in which are sold not wholesale, but by retail, in some shop or place occupied with the bakehouse. This section is useless so far as the Local Authority is concerned, as nearly every retail bakehouse in which the bread, biscuits or confectionery are baked and sold by retail in a shop or place occupied with the bakehouse has become a factory by the introduction of a small piece of machinery. There was no necessity for this section unless it intended to confer control on the Local Authority, as the retail bakehouse was ,~ workshop already under the control of the Local Authority, and without this section it became a factory when machinery was introduced, and automatically
376
PUBLIC HEALTtt.
passed from under the control of the Local Authority. The introduction of small machinery has had a similar effect in destroying the supervision of the Local Authority in places previously workshops where food was stored and prepared, e.g., premises where meats are minced and such delicacies as bloater paste, etc., are prepared. Many have put up small motors in connection with their slaughter-houses for the manufacture of sausages. As a matter of fact, one place has installed the machinery in the slaughter-house. Wherever machinery worked other than by manual power is used, H.M. Inspector of Factories resents the officers of the Local Authority visiting, as, according to the Factory Act, they appear to have no power to deal with factories except that already mentioned. Under the provisions of Section 116 of the Public Health Act, 1875 , the medical officer of health may at all reasonable times inspect and examine any animal carcase, meat, poultry, game, flesh, fruit, vegetables, corn, bread, flour or milk exposed for sale, or deposited in any place for the purpose of sale, or of preparation for sale, and intended for the food of man, and Section 118 imposes a penalty for hindering such officer whilst carrying out these duties, but if the contention that only H.M. Inspector of Factories has the right of entry to premises where power is used in the trade or business carried on there are many so-called factories where food is prepared which escape proper inspection. In such factories even if it was admitted that we have the power of entry and inspection to examine foodstuffs there is no doubt that the conditions under which food is prepared and, the sanitary or structural condition of the building, which is of almost equal importance, is entirely outside the control of the Local Authority. It would be interesting to learn what effect the existing definition of a factory has on the control by the Local Authority over slaughterhouses which are also used as sausage factories. Does the installing of a small motor for the manufacture of sausages constitute the whole premises a factory, and, if so, make the byelaws regulating slaughter-houses so far as they relate to the cleanly or structural condition of the premises inoperative ? The Factory Act has undoubtedly done nmch good for the worker, but there is a daily
AvGus'r,
and increasing necessity for modifying the Factory and Workshops Act so as to strengthen the control of the Local Authority in supervising the conditions under which food is prepared for the community. It would be very easy to arrange for the factory inspector to control the manner in which machinery is placed and guarded, and at the same time define the powers of the Local Authority in connection with such factories, i.e., they should continue to exercise the same power as if the premises were a workshop, as the proper supervision of these premises is of vital importance~to the Local Authority. These factories are now under the control of the factory inspector, whose only object is to protect tile worker. H.M. Inspector of Factories is aware of this, and although he realises that the interests of the sanitary authority are neglected, he resents any visits by their officers as interfering with his duties as laid down by the Act. DISCUSSION. DR. MEARNS FRASER commented on the anomalous position existing in regard to the sanitary supervision of factories, lie drew attention to the fact that in spite of the local sanitary authority of each large town having amongst its officers a medical officer of health with a .,killed s~affto supervise the sanitary and hbgienic conditions under which the inhabitants live, yet, curiously enough, the places in which a large proportion of the inhabitants spend their working hours, namely, the factories, are by the provisions of the Factory and Workshops Act altogether removed from the supervision of this trained sanitary staff and placed under another class of public servant, namely, H.M. Inspectors of Factories, a class for whose appointment no sanitary qualifications are legally requisite. DR. FRASERasked what could be more anomalous than that whereas a bakehouse where no machinery was employed is deemed to need supervision by an expert in sanitary science, the same bakehouse if machinery be introduced is deemed to need no such supervision. Further, everyone must acknowledge that such subjects as the arrangement and condition of sanitary conveniences, questions of cleanliness, overcrowding, adequate ventilation, measures for the prevention of the spread of tuberculosis in factories, etc., clearly call for a person trained in hygiene or sanitary science, yet under existing legislation all are entrusted to officials who need of necessity possess no such qualifications.
PUBLIC
without actual closure. He thought there was something more than the rise in the price of building material to account for the lack of house building. All parts of the country were suffering from this shortage of accommodation. :fie was not sure that local authorities did not make matters worse by competing with private enterprise. A local authority gave better value in houses than a private builder, and they also got the better class of tenant; and he agreed with Dr. Smith that housing inlprovenaents in a district led to the lower class of dwelling being rendered worse. DR. McDoNALD pointed out that a house which had been closed and converted into a warehouse could be dealt with under the Housing Act of 19o3, if it were reoccupied as a dwelling. DR. HEMBROUGH said that houses differed so considerably that it was practically impossible to fix any standard of unfitness. He thought they could not condemn an entire house because the attic only was insufficiently lighted or ventilated. The question of dilapidated out-offices was one of degree. Some might be so defective as to render the dwellings without conveniences at all. One great difficulty in colliery villages was that there was no accommodation for the tenants while a house was being repaired ; this might be perhaps obviated by the provision of temporary huts. THE
F A C T O R Y AND W O R K S H O P S ACT, 19o1.* Being the Report ofa Discussionby DR. R. E. LAUDER, Medical Officer of Health, Southampton.
THE increasing
facilities for introducing motor power into workshops make the definition of a factory under the Factory and Workshops Act, 19Ol, of added importance to Local Authorities. The Act of 19Ol, which consolidates the various Factory Acts, was introduced by the then Home Secretary as a result of extensive experience of work done in factories, and has had a very marked effect in reducing morbidity and mortality rates in large industrial centres. The Act is divided into ten parts, and it is evident in each part that it is solely intended for the protection of the workers. It deals with hours of employment of women, young persons and children, dangerous and unhealthy industries, etc., but in no particular does it provide any safeguard for the storing or preparation of the food of man. *Discussed by the Soutbern Branch of the Society of Medical Officers of Healths on ]Friday, May ~st, 1914.
HEALTH.
375
A factory is defined practically as a place where machinery is worked by other than manual power. In Southampton, Where electricity for motor power is supplied at ~d. per unit, most of the bakehouses have set up motors for mixing dough, with the result that such bakehouses have become factories, and, according to the Factory Act, the Local Authority have only to deal with (ISt) means of escape in case of fire, and (2nd) to take action under the Public Health Act when the factory inspector reports defective sanitary conveniences. It follows that as regards premises where the principal food of a community is prepared, the Local Authority has no longer jurisdiction to exercise a constant and careful supervision over premises where flour is stored, prepared for food and placed prior to distribution. Any person who has had experience in going through bakehouses will readily appreciate what the lack of this supervision must mean after a very short time. It was evidently in the mind of those who framed the Act of t9ol to give special power to the Local Authority for the control of what they call retail bakehouses, i.e., places where food is prepared to be sold retail to the inhabitants. Sec. lO2 states : " A s respects every retail bakehouse, the provisions of this part of this Act shall be enforced by the district council of the district in which the retail bakehouse is situate and not by an inspector; and for the purpose of this section the medical officer of health of the district council shall have and may exercise all the powers of entry, inspection, taking legal proceedings and otherwise of an inspector." The next paragraph of the same section defines the expression " Retail Bakehouse" as meaning any bakehouse or place not being a factory, the bread, bisGuits or confectionery baked in which are sold not wholesale, but by retail, in some shop or place occupied with the bakehouse. This section is useless so far as the Local Authority is concerned, as nearly every retail bakehouse in which the bread, biscuits or confectionery are baked and sold by retail in a shop or place occupied with the bakehouse has become a factory by the introduction of a small piece of machinery. There was no necessity for this section unless it intended to confer control on the Local Authority, as the retail bakehouse was ,~ workshop already under the control of the Local Authority, and without this section it became a factory when machinery was introduced, and automatically
376
PUBLIC HEALTtt.
passed from under the control of the Local Authority. The introduction of small machinery has had a similar effect in destroying the supervision of the Local Authority in places previously workshops where food was stored and prepared, e.g., premises where meats are minced and such delicacies as bloater paste, etc., are prepared. Many have put up small motors in connection with their slaughter-houses for the manufacture of sausages. As a matter of fact, one place has installed the machinery in the slaughter-house. Wherever machinery worked other than by manual power is used, H.M. Inspector of Factories resents the officers of the Local Authority visiting, as, according to the Factory Act, they appear to have no power to deal with factories except that already mentioned. Under the provisions of Section 116 of the Public Health Act, 1875 , the medical officer of health may at all reasonable times inspect and examine any animal carcase, meat, poultry, game, flesh, fruit, vegetables, corn, bread, flour or milk exposed for sale, or deposited in any place for the purpose of sale, or of preparation for sale, and intended for the food of man, and Section 118 imposes a penalty for hindering such officer whilst carrying out these duties, but if the contention that only H.M. Inspector of Factories has the right of entry to premises where power is used in the trade or business carried on there are many so-called factories where food is prepared which escape proper inspection. In such factories even if it was admitted that we have the power of entry and inspection to examine foodstuffs there is no doubt that the conditions under which food is prepared and, the sanitary or structural condition of the building, which is of almost equal importance, is entirely outside the control of the Local Authority. It would be interesting to learn what effect the existing definition of a factory has on the control by the Local Authority over slaughterhouses which are also used as sausage factories. Does the installing of a small motor for the manufacture of sausages constitute the whole premises a factory, and, if so, make the byelaws regulating slaughter-houses so far as they relate to the cleanly or structural condition of the premises inoperative ? The Factory Act has undoubtedly done nmch good for the worker, but there is a daily
AvGus'r,
and increasing necessity for modifying the Factory and Workshops Act so as to strengthen the control of the Local Authority in supervising the conditions under which food is prepared for the community. It would be very easy to arrange for the factory inspector to control the manner in which machinery is placed and guarded, and at the same time define the powers of the Local Authority in connection with such factories, i.e., they should continue to exercise the same power as if the premises were a workshop, as the proper supervision of these premises is of vital importance~to the Local Authority. These factories are now under the control of the factory inspector, whose only object is to protect tile worker. H.M. Inspector of Factories is aware of this, and although he realises that the interests of the sanitary authority are neglected, he resents any visits by their officers as interfering with his duties as laid down by the Act. DISCUSSION. DR. MEARNS FRASER commented on the anomalous position existing in regard to the sanitary supervision of factories, lie drew attention to the fact that in spite of the local sanitary authority of each large town having amongst its officers a medical officer of health with a .,killed s~affto supervise the sanitary and hbgienic conditions under which the inhabitants live, yet, curiously enough, the places in which a large proportion of the inhabitants spend their working hours, namely, the factories, are by the provisions of the Factory and Workshops Act altogether removed from the supervision of this trained sanitary staff and placed under another class of public servant, namely, H.M. Inspectors of Factories, a class for whose appointment no sanitary qualifications are legally requisite. DR. FRASERasked what could be more anomalous than that whereas a bakehouse where no machinery was employed is deemed to need supervision by an expert in sanitary science, the same bakehouse if machinery be introduced is deemed to need no such supervision. Further, everyone must acknowledge that such subjects as the arrangement and condition of sanitary conveniences, questions of cleanliness, overcrowding, adequate ventilation, measures for the prevention of the spread of tuberculosis in factories, etc., clearly call for a person trained in hygiene or sanitary science, yet under existing legislation all are entrusted to officials who need of necessity possess no such qualifications.